COLLECTIVE AGREEMENT
BETWEEN
THE CANADIAN HEARING SOCIETY(hereinafter called “The Society”)
AND
THE CANADIAN UNION OF PUBLIC EMPLOYEESAND ITS LOCAL 2073
(hereinafter called “The Union”)
EXPIRY DATE: MARCH 31, 2021
ARTICLE I — PREAMBLE IARTICLE 2— MANAGEMENT RIGHTS I
2.01 Management Rights 1ARTICLE 3— RECOGNITION AND NEGOTIATIONS I
3.01 Scope and Recognition 13.02 Work of the Bargaining Unit 23.03 Definitions 23.04 No Other Agreements 5
ARTICLE 4— NO DISCRIMINATION 54.01 No Discrimination 54.02 Definition of Spouse 54.03 Definition of Deaf and Hard of Hearing 6
ARTICLE 5—UNION MEMBERSHIP REQUIREMENTS 65.01 Check-Off Payments (Dues Deduction) 65.02 Deductions 65.03 Dues Receipts 6
ARTICLE 6— NEW EMPLOYEE ORIENTATION 66.01 New Employees Introduction 66.02 Copies of Agreement 7
ARTICLE 7—CORRESPONDENCE 77.01 Correspondence 7
ARTICLE 8— LABOUR MANAGEMENT BARGAINING RELATIONS 78.01 Local Representation 78.02 Canadian Union of Public Employees 78.03 Union Bargaining Committee 88.04 Access to Information 88.05 Employee Information 88.06 Joint Labour / Management Committee 9
ARTICLE 9— GRIEVANCE PROCEDURE 109.01 Recognition of Union Stewards and Grievance Procedure 109.02 Union Stewards 109.04 Grievance Committee 109.05 Permission to Leave Work 119.06 Definitionof Grievance 119.07 Settling Complaints and Grievances 119.08 Referral to Arbitration 129.09 Policy Grievance 139.10 Group Grievance 13
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ARTICLE 10—ARBITRATION 13ARTICLE 11 — DISMISSAL, SUSPENSION AND DISCIPLINE 15
11.01 Suspension and Dismissal Procedure 1511.02 Burden of Proof 1511.03 Dismissal Grievances 1511.04 Unjust Suspension or Dismissal 1511.05 Access to Personnel Records 1511.06 Disciplinary Record 16
ARTICLE 12—STRIKE AND LOCKOUT 16ARTICLE 13— SENIORITY 16
13.01 Seniority Defined 1613.02 Seniority List 16
Calculation of Seniority 1713.03 Probation of Newly Hired Employees 1713.04 Loss of Seniority 17
ARTICLE 14— JOB POSTING, PROMOTIONS AND STAFF CHANGES 1814.01 Promotions and Staff Changes 1814.02 Temporary Vacancies 1914.03 Information in Postings 1914.04 Role of Seniority in Promotions and Transfers 1914.05 Notification to Employee and Union 2014.06 Provisions for Injury or Illness 2014.07 Probationary Employees 2014.08 Internal Transfers 2014.09 Interviews for internal Applicants 2114.10 Internal Application List 21
ARTICLE 15— LAYOFFS AND RECALLS 2215.01 Definition of Layoff 2215.02 Role of Seniority in Layoffs 2215.03 Advance Notice of Layoff 2315.04 Measures to Cushion Layoffs 2315.05 Bumping Rights 2315.06 Recall Procedure 2415.07 No New Employees 2415,08 Severance Pay 2515.09 Grievances on Layoffs and Recalls 2515.10 Continuation of Benefits 2515.11 Change of Carriers 25
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ARTICLE 16- HOURS OF WORK .261601 Hours of Work 26
Changes to Hours of Work 2616.02 Flexible Hours 2616.03 Travel Time: Regular Work Duties 27
Travel for Training and Professional Development 27ARITCLE 17— OVERTIME 27
17.01 Overtime Defined 2717.02 Compensation for Work Before and After Daily Scheduled Hours 2817.03 Call Back 2817.04 Payment for or Supply of Meals 2917.05 Overtime during Layoffs 2917.06 No Reduction in Regular Working Hours 29
ARTICLE 18— HOLIDAYS 3018.01 Holidays 3018.02 Compensation for Holidays Falling on Saturday or Sunday 3018.03 Pay for Regularly Scheduled Work on a Holiday 3018.04 Compensation for holidays Falling on Scheduled Day Off 31
ARTICLE 19—VACATIONS 3119.01 Vacation Year 31
Vacation Entitlement 32Vacation Carry Over 32
19,02 Vacation Pay 3319.03 Preferences in Vacations Vacation Requests 3319.04 Consecutive Vacation Time Off 3419.05 Compensation for Paid Holidays Falling Within Scheduled Vacation .3419.06 Bereavement During Vacation 3419.07 Work During Vacation Period 3419.08 Vacation Pay on Termination of Employment including retirement 35
ARTICLE 20— SICK LEAVE PROVISIONS 3520.00 Sick Leave 3520.01 Sick Days Defined 3520.02 Annual Paid Sick Days 3520.33 Carryover of Annual Paid Sick Days 3620.04 Illness in the Family 3620.05 Proof of Illness 3620.06 The Premiums for a Short-Term Disability (STD) Plan 3720.07 STD Plan Changes 3720.08 Terms and Conditions 3720.09 STD Benefit Amount 38
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20.10 STD Qualifying Period .3820.11 Eligibility for STD 3820.12 Long-Term Disability (LTD) 3820.13 Proof of Illness 3820.14 Pension 3920.15 Access to Information 39
ARTICLE 21 — LEAVE OF ABSENCE 3921.01 Leave of Absence for Union Functions 3921.02 Leave of Absence for Full-Time Public Duties 3921.03 Leave of Absence for Full-time Union Duties 4021.04 Paid Bereavement Leave 4121.05 Pregnancy Leave 4121.06 Parental Leave 4321.07 Paid Jury or Court Witness Duty Leave 4421.08 Leave for Court Appearance 4421.09 Citizenship Leave 4521.10 GeneralLeave 4521.11 Education Leave 4521.12 PersonalLeave Days 4621.13 Emergency Leaves 4621.14 STD and/or LTD coverage during Leave of Absence 46
ARTICLE 22- SALARY AND WAGE 4722.01 Equal Pay for Equal Work 4722.02 Pay Days 4722.03 Previous Experience Credit 4722.04 Step Increases 4722.05 Rate of Pay on Promotion or Reclassification 4822.06 Pay on Temporary Transfers, Higher Rated Job 4822.07 Pay on Transfer, Lower Rated Job 4822.08 Third Party Honorariums 48
ARTICLE 23 — FEES AND PROFESSIONAL DEVELOPMENT 4923.01 Professional Fees and Licenses 4923.02 Bonding Fees 4923.03 Professional Development 49
ARTICLE 24— JOB CLASSIFICATION AND RECLASSIFICATION 5024.01 New Classifications/Changes to Existing Classifications 50
Joint Job Evaluation Committee (JJEC) 5024.02 Elimination and Changes to Classifications 5024.03 Grievance of Classifications 51
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ARTICLE 25 — EMPLOYEE BENEFITS 5125.01 Eligibility 5125.02 Society Contributions to Life Insurance and Accidental Death Plan 5125.03 Long Term Disability 5225.04 Provision of Technical Aids 52
Provisions of Technical Aids for Retirees 5225.05 Dental Plan 5225.06 Information Booklets 5325.07 Extended Health Plan 53
ARTICLE 26 — HEALTH AND SAFETY 5326.01 Working Conditions 5326.02 Co-operation on Safety 5326.03 No Disciplinary Action 5326.04 Injury Pay Provisions 5326.05 Transportation of Accident Victims 5426.06 Workplace Safety and Insurance Act Coverage 5426.07 Grievance on Safety 54
ARTICLE 27—TECHNOLOGICAL AND OTHER CHANGES 5427.01 Definition of Technological Change 5427.02 Technological Change — Advance Notice 5527.03 Technological Change — Arbitration 5527.04 Technological Change — Transfer Arrangements 5527.05 Technological Change — Training Benefits 5527.06 Society Required Training 55
ARTICLE 28 — GENERAL CONDITIONS 5628.01 Proper Accommodation 5628.02 Bulletin Boards 5628.03 Allowance for Tools 5628.04 Travel Rates 5628.05 Meeting Facilities 5628,06 Education on the Job 5628.07 Relocation Expenses 5728.08 December Holiday Closure 5728.09 Temporary Closures 5728.10 LegalFees 57
ARTICLE 29— JOB SECURITY 5729.01 Present Conditions to Continue 5729.02 Amalgamation, Regionalization and Merger Protection 5829.03 Portability of Service Credits 5829.04 Contracting Out 58
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ARTICLE 30 — MULTI-SECTOR PENSION PLAN 58ARTICLE 31 — TERM OF AGREEMENT 59
31.01 Term of Agreement 5931.02 Notice of Change 5931.03 Retroactivity 5931.04 Mutually Agreed Changes 59
SALARY GRIDS 61APPENDIX I — MULTI-SECTOR PENSION PLAN 76LETTER OF INTENT I — ACCESSIBLE COLLECTIVE AGREEMENT 79LETTER OF INTENT 2 — JOINT EMERGENCY PREPAREDNESS PLANNINGCOMMITTEE 80LETTER OF UNDERSTANDING #1 — IMPLEMENTATION OF SALARY GRID 81LETTER OF UNDERSTANDING #2 — ACCESS AND MANULIFE OR OTHERINSURANCE PROVIDERS 82
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ARTICLE I - PREAMBLE
1.01 It is the purpose of both Parties to this Agreement:
1. to maintain and improve harmonious relations and settled conditionsof employment between the Society and the Union;
2. to recognize the mutual value of joint discussions and negotiations inall matters pertaining to working conditions, employment, services,etc.;
3. to encourage efficiency in operations;
4. to promote the morale, well-being and security of all Employees inthe Bargaining Unit of the Union.
1.02 Wherever the feminine or masculine gender is used, it shall be consideredto be reference to both genders. Where the singular is used, it may alsobe deemed to mean the plural within the appropriate context.
ARTICLE 2— MANAGEMENT RIGHTS
2.01 Management Rights
The Union recognizes that it is the right of the Society to exercise theregular and customary function of Management and to direct the workingforces, subject to the terms of this Agreement. A dispute over whetherany of these rights is limited by this Agreement shall be decided throughthe grievance and arbitration procedure.
ARTICLE 3— RECOGNITION AND NEGOTIATIONS
3.01 Scope and Recognition
(a) The Society recognizes The Canadian Union of Public Employeesand its Local 2073 as the sole and exclusive bargaining Agent for allits Employees, save and except supervisors, persons above therank of supervisor, as well as the following positions:
• Executive Assistant to the CEO• Executive/Administrative Assistants to Senior Management or
Board• Senior Human Resources Business PartnerlAdvisor• Human Resources GeneralisUSpecialist
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• Talent Acquisition Specialist• Service Excellence Facilitator• Labour Relations Specialist (Human Resources)• Payroll & Benefits Administrator (Human Resources)• Administrative Assistant (Human Resources)• Management Interpreter (Human Resources)
3.02 Work of the Bargaining Unit
Persons whose jobs are not in the Bargaining Unit shall not work in anyjobs which are included in the Bargaining Unit, except in the case ofabsences of short duration such as sickness, holidays, coffee breaks,emergencies, training and instruction or other circumstances agreed toby the Parties.
3.03 Definitions
(a) Full-time Employee
An employee who is employed for the normal full-time hours as setout in Article 16.01.
(b) Part-time Employee
An employee who is employed for less than the normal full-time hoursas set out in Article 16.01.
(c) Probationary Employee
An Employee who has not yet completed his or her probationaryperiod as required under Article 13.03 and pays Union dues.
(d) Permanent Employee
An employee who has acquired seniority as set out in Article 13.01 iscovered by all terms of the Collective Agreement, and pays Uniondues, including both full-time and part-time employees.
(e) Temporary Employee
An employee who is employed for a specific period of time, up to 12months:
i) to replace an employee who is absent for such reasons asillness, vacation, maternity leave, educational leave, or anyother approved leave of absence; or
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H) for a special non-recurring task including, but not limited to,unusual or unanticipated increases in workload.
The above period may be extended to 18 months in the case ofreplacement for the purposes of a pregnancy andlor parentalleave.
This twelve (12) month period (or eighteen (18) month period asapplicable) may be extended for up to an additional 12 months bymutual agreement of the Union and the Society. The period oftemporary employment may be shortened by the Society, upongiving at least four (4) weeks’ written notice. At the conclusion of thetemporary assignment, the employee may be terminated. Suchtermination shall not be the subject of a grievance or arbitration.
Temporary employees shall:
• be considered part of the bargaining unit and pay Union dues;
• have full rights and benefits under this collective agreement,except as provided otherwise in this agreement;
• be considered internal applicants for job posting purposes,provided they have completed their probationary period inaccordance with Article 13.03; and
• be eligible for benefit coverage in accordance with Article 25.
Where a permanent employee is transferred to a temporary position,an employee hired externally to replace that employee will beconsidered to be a temporary employee.
(f) Contract Employee
An employee who
i) is hired or transferred into a position that has dedicatedfunding with an expected end date.
N) is hired to fill a new position where the Society is in the processof securing stable funding.
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Contract employees shall:
• be considered part of the bargaining unit and pay Union dues;
• have full rights and benefits under this collective agreement,except as provided otherwise in this agreement;
• be considered internal applicants for job posting purposes,provided they have completed their probationary period inaccordance with Article 13.03; and
• be eligible for benefit coverage in accordance with Article 25.
Where a permanent employee is transferred to a contract position, anemployee hired externally to replace that employee will be consideredto be a temporary employee.
It is expected that the majority of contracts will be for no longer thantwelve (12) months but it is recognized that some contracts may belonger. The Society will notify the Union of any contracts that exceedtwelve (12) months. A contract position may be extended by theSociety for up to 12 months beyond the original expiration date asagreed to by the Union and the Society. The period of contractemployment may be shortened by the Society, giving at least four (4)weeks written notice. At the conclusion of the contract, the employeemay be terminated. Such termination shall not be the subject of agrievance or arbitration.
Whenever possible, contract employees are paid according to theCHS Salary Grid and are eligible for benefit coverage in accordancewith Article 25. Where the funding sources do not permit theemployee to be paid according to the OHS Salary Grid, the Societyand the Union will meet and attempt to agree upon terms andconditions of employment for the contract employee which reflect theparameters established by the funding source. If no agreement isreached, it will not be possible to proceed with the contract.
(g) Casual Employee
An employee who is hired by the hour, at a rate mutually agreedbetween the Society and the employee. Casual employees areexcluded from the bargaining unit. Casual employees also includesummer students, employees provided through a variety of jobcreation programs, and trainees or interns. Prior to utilizing casualemployees, the Society will offer available work to employees onlayoff, provided they are available and qualified to perform the work.
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Note for clarity: The Society utilizes the services of independent consultants andself-employed individuals for a variety of purposes. Such personsare not employees of the Society and are therefore not covered byany provisions of this Agreement.
3.04 No Other Agreements
No Employee shall be required or permitted to make a written or verbalagreement with the Society or the Society’s Representative which mayconflict with the terms of this Collective Agreement.
ARTICLE 4— NO DISCRIMINATION
4.01 No Discrimination
(a) The Parties agree that there shall be no discrimination or any formof harassment against any member of the Bargaining Unit on anyprohibited ground set out in legislation. There shall also be nodiscrimination against any Bargaining Unit member as a result of theirUnion activities pursuant to this Collective Agreement.
(b) In accordance with the Ontario Human Rights Code, as amendedfrom time to time, the parties are committed to the principle that theworkplace should be free from discrimination and harassment.
4.02 Definition of Spouse
For the purpose of this Agreement, ‘spouse” shall be designated as aperson who is legally married to an employee or as a person of any genderwho has lived with the Employee for a period of twelve (12) months in acommon law partner relationship. It is the Employee’s responsibility toprovide proof of said relationship if required or requested by a third party.
This definition shall apply to all Articles of this Agreement. It shalldetermine the definition of all other familial relationships referred to in thisAgreement, including but not restricted to the definition of “child” whichshall include the Employee’s partner’s child and the definition of “in-laws”which shall include equivalent relationships flowing from the aforesaidrelationships.
It is agreed that other terms used in the Article shall bear the same meaningas terms used in the Ontario Human Rights Code, as amended from timeto time, where the terms are defined in the Code.
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4.03 Definition of Deaf and Hard of Hearing
Throughout the agreement, Deaf includes culturally Deaf, oral deafand deafened individuals.
ARTICLE 5— UNION MEMBERSHIP REQUIREMENTS
5.01 Check-Off Payments (Dues Deduction)
Union dues will be deducted from day one from all Employees within theBargaining unit. The Society shall deduct upon commencement ofemployment, any dues initiation fees or assessments levied in accordancewith the Union Constitution and Local Union by-laws.
5.02 Deductions
Deductions shall be made in equal payments twice monthly and shall beforwarded to the National Secretary-Treasurer of the Union not later thanthe fifteenth (l5Ih) day of the month following, accompanied by a list ofnames of Employees from whose wages the deductions have been made.The list shall include the total gross wages paid to all Employees on the listfor the period covered by the list.
5.03 Dues Receipts
The amount of union dues paid annually by each Union member, shallappear on the corresponding year’s income tax (T4) slips as prepared bythe Society.
ARTICLE 6— NEW EMPLOYEE ORIENTATION
6.01 New Employees Introduction
The Society agrees to inform new bargaining unit Employees of the factthat a Collective Agreement is in effect. The Union will be provided thenames of all new bargaining unit employees when hired. A Unionsteward or representative will be given the opportunity to communicate witheach new Employee within regular working hours without loss of pay, forup to one hour some time during the first 30 days of employment for thepurpose of acquainting the new Employee with the benefits andresponsibilities of Union membership including Employee and Societyresponsibilities outlined in the Collective Agreement. The steward orrepresentative shall contact the employee’s manager to schedule theintroduction at a mutually agreeable time that shall not impede theeffective operation of the Society.
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6.02 Copies of Agreement
On commencing employment, the Human Resources Department shallinform the new employees of who their Union Steward or Representativeis and direct the new employee to the Company website for a copy ofthe Collective Agreement. Renewal Collective Agreements shall beavailable within two (2) months of ratification.
ARTICLE 7— CORRESPONDENCE
7.01 Correspondence
All correspondence between the Parties arising out of this Agreement, orincidental thereto, shall pass to and from the Director, Human Resources,and the Union President with copies to the Union’s Recording-Secretary and the President and CEO, unless otherwise agreed by theparties.
ARTICLE 8- LABOUR MANAGEMENT BARGAINING RELATIONS
8.01 Local Representation
The Society or any supervisory Personnel shall not bargain with or enterinto any agreement with an Employee or group of Employees in theBargaining Unit that contravenes the collective agreement. An electedor appointed Representative of the Union shall be the spokespersonfor employees in the Bargaining unit. The Union will supply the Societywith the names of its officers and/or appointed or elected Representativeswithin 30 days of ratification of Union representatives or within 30 days ofany changes to Union representatives.
8.02 Canadian Union of Public Employees
The Union shall have the right at any time to have the assistance ofRepresentatives of the Canadian Union of Public Employees when dealingor negotiating with the Society. Such Representatives(s) shall have accessto the Society’s premises at a mutually agreed upon time to investigateand assist in the settlement of a grievance.
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8.03 Union Bargaining Committee
The Society agrees to recognize a Union Bargaining Committee of not lessthan four (4) to a maximum of seven (7) members, for the purpose ofnegotiating a renewal collective agreement.
The Union will advise the Society of the Union Nominees to the Committee.
The Employees who are members of the Union Bargaining Committeeshall be compensated by the Society for loss of pay for hours spent innegotiations during normal daytime working hours. The Parties agree thatthis does not constitute any commitment that such negotiations will beconducted during working hours.
The expenses for the note-takers and other access as required atcollective bargaining will be shared equally by the Society and theUnion. Each party will be responsible for paying the casts of theirrespective meeting room(s) and their own interpreters.
8.04 Access to Information
The Society shall make available to the Union, on request, job descriptions,wage rates, benefit plan information and other technical information andreports, records, studies, surveys, manuals, directives or documentsrequired for Collective Bargaining purposes that relate to positions in theBargaining Unit, and which are not subject to any privilege.
8.05 Employee Information
The Society will supply the Local Union Recording Secretary with astatement showing the names and addresses of employees and contactnumbers on a quarterly basis (January, April, July, October). It isagreed and understood that this information will be kept confidential andwill be managed in accordance with any applicable privacy or otherlegislation. Contact numbers will be included on this statement only if theUnion provides Human Resources with a release signed by the employeeauthorizing the Society to release this information to the Union. TheHuman Resources Department will include this release in the orientationpackage upon hiring. Once the employee signs the release, it will remainin effect until the employee expressly revokes that release.
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8.06 Joint Labour! Management Committee
(a) Labour! Management Committee
The Society recognizes that it is to the mutual benefit of both theUnion and Management to establish and maintain a soundcommunicative and cooperative relationship. A Labour/ManagementCommittee is hereby established where an exchange of informationand ideas may take place and with the responsibility for dealing withmatters of mutual interest which cannot be dealt with through anyalternate procedures. The Committee shall meet quarterly. Themeetings shall be pre-arranged and scheduled on an annual basis,no later than January 15111 of each year. A mutually agreed uponagenda will be distributed two (2) weeks prior to the meeting. TheChairperson of the meetings will alternate between the Union and theEmployer.
(b) Scope
The Committee will discuss areas of mutual concern including suchitems as work methods, operating efficiencies, and morale, and shallseek to promote understanding and positive labour relationsbetween the Parties. However, it will not perform any of thosefunctions which are exclusively the functions of management and/orthe Union and will not in any way replace or infringe upon thegrievance or negotiating procedures.
(c) Membership
i) The Committee shall be composed of not more than three (3)Representatives from each of the Parties. The Union’sCommittee shall include the President of CUPE Local 2073 orhis/her designate and Management’s Committee shall includethe Director of Human Resources or his/her designate. Eitherparty may have the additional assistance of advisors asneeded.
ii) Meetings will be held during working hours, with videoconferencing as required.
(d) Meeting Minutes
Minutes shall be recorded by the Employer and distributed within 2weeks of the meeting. The Union shall respond with anycorrections, errors or omissions within 2 weeks of receiving theminutes.
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ARTICLE 9— GRIEVANCE PROCEDURE
9.01 Recognition of Union Stewards and Grievance Procedure
In order to provide an orderly and speedy procedure for the settling ofgrievances, the Society acknowledges the rights and duties of the UnionGrievance Committee and the Union Steward. The Steward shall assistany employee in disciplinary meetings, in preparing and presenting anemployee’s grievance in accordance with the grievance procedure, andlorin fact-finding meetings where the subject matter of the meeting maylead to discipline of the employee being interviewed, unless theemployee chooses not to have such representation. Such assistanceshall not impede the interview or the effective operation of the Society.
9.02 Union Stewards
The Bargaining Unit is covered by ten (10) Stewards, as designated by theUnion.
Should there not be a steward in the applicable location, another Unionsteward, a member of the Union Executive or the CUPE NationalRepresentative will be called upon by the Union to represent theEmployee(s). Availability may be by video-conferencing or otherelectronic means. Should a Union representative not be available, inemergency situations management will not be precluded from removingan employee who is not fit for duty, and will immediately notify theUnion.
9.03 Notification
The Union shall notify the Society, in writing, of the name of each Stewardand the areas the Steward represents before the Society shall be requiredto recognize the Steward.
9.04 Grievance Committee
The Grievance Committee shall be determined by the Union and shallinclude the Union President, the Stewards and!or Union ExecutiveOfficers.
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9.05 Permission to Leave Work
The Society recognizes the Steward’s obligation to assist employeesin the handling of their dispute and representation of the grievancesas provided in this Article. The Union agrees that Stewards have theirregular duties to perform on behalf of the Society and they will notleave their duties without first receiving the permission of theirimmediate Supervisor. Such permission shall not be unreasonablydenied. Such occasions shall be kept to a minimum and shall not impedethe effective operation of the Society.
9.06 Definition of Grievance
A grievance shall be defined as any difference or dispute arising out ofthe interpretation, application, administration or alleged violation of theCollective Agreement.
9.07 Settling Complaints and Grievances
It is understood that an employee has no grievance until they have firstgiven their immediate manager or designate the opportunity of addressingtheir complaint.
The parties are committed to ensuring that grievances proceedexpeditiously. The time limits fixed in both the grievance and arbitrationprocedure will be enforced. In exceptional circumstances, including but notlimited to, accommodating individual communication or accessibilityneeds, time limits may be extended by mutual written agreement of theparties.
Complaint Step (Prior to Submitting a Grievance)
Where an employee has a complaint which, if not resolved, could becomethe subject of a grievance, the employee shall verbally and/or in writingbring such complaint to the attention of their immediate manager ordesignate. Such complaint must be initiated within fifteen (15) workingdays of the incident occurring or within fifteen (15) working days of whenthe employee should reasonably have been aware of the incident. Theemployee may request that a union steward be present to assist them. Theemployee must advise the manager or designate that the communicationis being held at the complaint step of the grievance procedure.
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The grievor’s immediate manager or designate shall reply in writing tothe employee within five (5) working days. If the matter has not beenresolved within five (5) working days, the complaint may be taken up as agrievance and dealt with in the following manner and sequence.
Step 1
The grievance shall be reduced to writing, dated and signed by theemployee. Electronic signatures are acceptable. It shall identify thenature of the grievance, the Article(s) of the collective agreement allegedto have been violated and the redress sought. It shall be presented to theemployee’s immediate manager or designate within five (5) working days.For clarity, the grievance may be submitted at Step 1 no earlier than thesixth day and no later than the tenth day after the complaint was initiated.
A meeting shall be held within five (5) working days after receiving thegrievance with the Union representative(s), the affected Employee(s) andappropriate Society representative(s) with the goal of finding a resolutionof the issue. Within five (5) working days of the meeting, the Society shallprovide a written reply to the Union.
Step 2
Failing settlement at Step 1, the Grievance Committee may submit thewritten grievance to the Director of Human Resources within five (5)working days of the decision at Step 1. A meeting between the GrievanceCommittee and the Director of Human Resources or designate shall beheld within five (5) working days of submission of the grievance. It isunderstood that the National Representative of the Union and the grievormay be present at the meeting. The Director of Human Resources shallrender a decision, in writing, within five (5) working days of such meeting.
9.08 Referral to Arbitration
Failing settlement at Step 2, the grievance may be submitted to arbitrationwithin twenty (20) working days of receipt of the decision at Step 2, inaccordance with Article 10.
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9.09 Policy Grievance
Where a dispute involving a question of general application orinterpretation occurs, or where the Union or the Society has a grievance,the Complaint Stage and Step 1 of this Article may be bypassed. A policygrievance may not be used where the grievance directly affects anemployee and where an employee could grieve individually, recognizing insituations that affect the broader membership a policy grievance may befiled as well.
9.10 Group Grievance
Where a number of employees have identical grievances and eachemployee would be entitled to file a grievance separately, a groupgrievance may be initiated in writing, identifying and signed by eachemployee who is grieving. Signatures provided by facsimile areacceptable. The Complaint Stage and Step I of this Article will bebypassed and the grievance shall be presented to the Director of HumanResources at Step 2 of the Grievance Procedure, within twenty (20)working days of the incident occurring or when the employees shouldreasonably have been aware of the incident.
ARTICLE 10— ARBITRATION
10.01 If a satisfactory settlement of the grievance is not reached, eitherparty may refer the matter to arbitration by written notice to the otherparty within twenty (20) working days of the receipt of the answer inStep 2 of Article 9.07.
10.02(a) Subject to Article 10.02 b), for the purpose of the arbitration of
matters in dispute arising out of this Agreement, the arbitrationshall be handled by a single arbitrator who shall be chosen bythe parties by agreement within ten (10) working days of the dateof the receipt of the notice of arbitration, or longer by mutualagreement.
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(b) Should either party choose to convene a Board of Arbitration,the parties shall indicate the name of their Nominee in the noticeof arbitration. The other party shall respond with the name oftheir Nominee within ten (10) working days. The two Nomineesshall then meet to select an impartial Chairperson. The Board ofArbitration shall determine its own procedure, and the decisionof the majority shall be the decision of the Board. Where there isno majority decision, the decision of the Chairperson shall bethe decision of the Board.
10.03 In the event that the parties fail to agree upon an Arbitrator orChairperson, either party may request that the Minister of Labourappoint an arbitrator or chairperson pursuant to the Labour RelationsAct.
10.04 Either party may refer the outstanding matter to expedited arbitration.
10.05 No person may be appointed as arbitrator or chairperson who hasbeen directly involved in an attempt to settle the matter.
10.06 It is understood and agreed that neither the arbitrator nor chairpersonshall have the power to change this Agreement or to alter, modify oramend any of its provisions. However, the arbitrator or chairpersonshall have the power to modify penalties or dispose of a grievance byany arrangement which he deems just and equitable. The decision ofthe Arbitrator or Board of Arbitration shall be final, binding andenforceable on all parties and may not be changed.
10.07 Each party shall pay one-half of the fees and expenses of thearbitrator or chairperson, and access team assigned to the Arbitratoror Chairperson as required for the proceedings.
10.08 The time-limits fixed in both Article 9 (the grievance procedure), andArticle 10, the arbitration procedure may be extended by agreementof the parties in writing.
10.09 At any stage of the grievance or arbitration procedure, the partiesshall be permitted to have the assistance of any employee concernedas a witness. Any employee called to appear as a witness before anarbitrator in relation to an arbitration under this Agreement shall begranted leave with pay and without loss of seniority.
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ARTICLE 11 — DISMISSAL, SUSPENSION AND DISCIPLINE
11.01 Suspension and Dismissal Procedure
No employee who has completed probation shall be discharged,suspended or disciplined without just cause. When an employee is tobe disciplined, the employee and the Union shall be notified inadvance of the purpose of the meeting and the right to have Unionrepresentation at such meeting. The employee may contact hislherSteward in advance of the meeting and have a reasonable amount oftime to prepare. An affected employee and the Union shall be advisedin writing by the Employer, within six (6) working days thereafter, ofthe reason for such disciplinary action.
11.02 Burden of Proof
In cases of discipline, the burden of proof of just cause shall rest with theSociety. Evidence shall be limited to the grounds stated in the dismissaland discipline notice to the employee.
11.03 Dismissal Grievances
When an employee is considered by the Union to be wrongfully or unjustlydismissed the grievance shall be taken up at Step 2 of the grievanceprocedure in Article 9 and the Complaint Stage and Step 1 of theGrievance Procedure shall be omitted in such cases.
11.04 Unjust Suspension or Dismissal
Unless an agreement of the Parties or an award of a Board of Arbitrationprovides otherwise, an employee who has been unjustly suspended ordismissed shall be immediately reinstated in the employee’s formerposition without loss of seniority. The Employee shaH be compensated forall time lost in an amount equal to his/her normal earnings during the payperiod immediately prior to such dismissal or suspension, subject to anychanges in compensation that would have occurred during the period ofsuspension or dismissal.
11.05 Access to Personnel Records
Upon request and at a time mutually agreed to by the parties, anemployee shall have the right to examine their personnel file in thepresence of an employee in the Human Resources Department.
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11.06 Disciplinary Record
Any disciplinary record shall be removed from an Employee’s personal fileafter eighteen (18) months from the date of the offence, provided that therehas been no further discipline in that period, in which event the time forthe application of this Section shall be counted from the date of thesucceeding discipline.
ARTICLE 12— STRIKE AND LOCKOUT
12.01 There shall be no strike or lockout, as long as this Agreement remains ineffect.
12.02 An Employee covered by this Agreement shall have the right to refuse tocross a picket line arising out of labour dispute at C.H.S. or elsewhere.Failure to cross such a picket line by a member of this Union shall not beconsidered a violation of this Agreement, nor shall it be grounds fordisciplinary action.
ARTICLE 13 — SENIORITY
13.01 Seniority Defined
Seniority is defined as the length of service with the Society.
Seniority will continue to accrue during an approved leave of absencewithout pay for a period up to 12 months. Seniority shall operate on abargaining-unit-wide basis unless provided otherwise in thisAgreement.
Any seniority accrued by temporary and contract employees duringconsecutive periods of employment, shall be included in thecalculation of seniority provided that there has not been a break inservice with the Employer that exceeds three (3) months.
Seniority shall be used in determining preference for promotions, transfers,demotions, layoffs, permanent reduction of the work force and recall, suchthat where an Employee’s qualifications, ability and experience areapproximately equal, seniority shall serve as the determining factor.
13.02
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(a) Seniority List
The Society shall maintain a seniority list showing the date of hireupon which each employee’s service commenced as well as anyadjustment to his or her seniority in accordance with theCollective Agreement. An up-to-date seniority hst shall be sent tothe Union in January, April, July, and October of each year.
(b) Calculation of Seniority
When two or more Employees commence work on the same day,their seniority shall be determined by lottery.
13.03 Probation of Newly Hired Employees
A newly hired employee shall be on probation for a period of six (6) monthsfrom the date of hiring. During the probationary period, the employee shallbe entitled to all rights and benefits of this Agreement, except for the rightto grieve a termination unless the employee has been discharged andclaims that human rights or other legislation has been violated.
Employees do not accrue seniority during their probationary period.After completion of the probationary period, the employee’s nameshall be placed on the seniority list and seniority shall be effectivefrom the original date of employment.
The period of probation may be extended with the consent of the UnionExecutive. It is understood that an employee shall not be required to serveadditional probationary periods during a period of continuous employment.
Temporary and contract employees shall serve probationary periodsduring the first six (6) months of any term of employment unless theemployment is in a position for which the employee has previouslyserved a full probationary period.
13.04 Loss of Seniority
An employee shall not lose seniority rights if the employee is absent fromwork because of sickness, accident, layoff or leave of absence approvedby the Society, except as provided below.
An employee shall lose seniority and their employment shall be deemedterminated upon the occurrence of any one of the following:
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1. is dismissed for just cause and is not reinstated;
2. resigns, in writing and does not withdraw the resignation within two(2) working days;
3. is absent from work in excess of five (5) working days withoutsufficient cause or without notifying the Society, unless providingnotice was not possible;
4. fails to return to work within ten (10) working days of being sent anotice of recall by registered mail to the employee’s last recordedaddress with the Society, unless failure to do so is due tosickness or other reasonable grounds. It shall be theresponsibility of the employee to keep the Society informed of theemployee’s current address;
5. is absent from work for a period of twenty-four (24) months due toillness or injury and is unable to return to his or her position, or to anavailable position for which he or she is qualified through the jobposting process, or to a modified work opportunity.
6. is laid off for a period of twenty-four months;
7. is laid off and accepts severance monies;
8. fails to return to work at the end of an authorized leave ofabsence unless providing notice was not possible; or
9. utilizes an authorized leave of absence for purposes other thanthat for which the leave was granted.
ARTICLE 14—JOB POSTING, PROMOTIONS AND STAFF CHANGES
14.01 Promotions and Staff Changes
When a new position is created, or when a vacancy occurs within theBargaining Unit, the Society shall either post the position with a copy tothe Union or notify the Union within 2 weeks of the status of theposition. The posting will remain on the Society web site for seven (7)working days. Internal applications will be accepted during theposting period will be considered prior to those of externalapplicants. Should the position occupied by a temporary or contractemployee be re-posted, the incumbent will be notified on or before the daythe position is posted.
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Where a permanent employee is transferred to a temporary position, atthe conclusion of the temporary position, the permanent employee willbe returned to their permanent position if it still exists. If it no longer exists,the employee will be assigned to a comparable vacant position. If no suchcomparable position exists, a layoff will be implemented.
14.02 Temporary Vacancies
(a) Where the Society has less than four (4) weeks’ notice of a temporaryvacancy in the bargaining unit, which is expected to be six (6) monthsduration or less, no job posting is required.
(b) When temporary duties that require travel to other locations orregions are added on a short-term basis to a department, theseduties will be assigned on a voluntary basis within thedepartment. Should no employee volunteer for the additionaltemporary duties, the work will be assigned to the most juniorqualified employee in the department.
14.03 Information in Postings
A job posting notice shall contain the following information: title of theposition, the required qualifications, knowledge, education and skills, thehours of work, and the wage or salary range.
The qualifications for the position may not be established in an arbitrarymanner All job postings shall state:
“C.H.S. supports an affirmative action hiring process for Deaf, and hard ofhearing applicants.”
14.04 Role of Seniority in Promotions and Transfers
(a) Both Parties recognize:
i) the principle of promotion within the service of the Society;
ii) that job opportunity should increase in proportion to length ofservice.
Therefore, in making staff changes transfers or promotions,appointment shall be made in accordance with Article 13.01.
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(b) Notwithstanding this provision, the Society and the Union support anaffirmative action hiring process for Deaf and hard of hearinginternal applicants. Therefore, where bargaining unit members’qualifications, ability and experience are approximately equal,preference will be given to the internal applicant who is Deaf or hardof hearing provided their seniority is comparable.
(c) Any disputes regarding a selection made pursuant to (b) above shallbe taken up at Step 2 of the grievance procedure.
14.05 Notification to Employee and Union
Within ten (10) working days of the date of successful appointment to avacant position, unsuccessful applicants will be notified of theoutcome. The Union shall be notified of all appointments, hirings(permanent, temporary, contract), layoffs, transfers, recalls andterminations of employment related to Bargaining Unit members.
Upon notification to the successful applicant, the appointment will takeplace within thirty (30) days unless agreement between the Employee andthe Society.
14.06 Provisions for Injury or Illness
An Employee unable, through injury or illness, to perform his/her normalduties shall be provided with alternate suitable employment if available, inaccordance with the Ontario Human Rights Code, WSIB and any otherapplicable legislation or statute.
14.07 Probationary Employees
During the probationary period, an employee may apply for internal jobpostings but will be considered on the same basis as an external applicant.Employees who have completed their probationary period are eligible toapply for any internal job positions as internal applicants as per Article14.01.
14.08 Internal Transfers
(a) Employees who have assumed responsibilities for new positions asa result of promotions and/or transfers may not apply for otherpositions until after six (6) months from the date of thepromotion/transfer. However, this provision will not apply if theemployee is applying to a position in a higher paygrade.
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(b) Where a permanent employee has been selected as the successfulapplicant for a temporary or contract position, they may not apply forother positions for the duration of the temporary or contract position.When they return to their permanent position, they may not apply forother positions until after six (6) months form the date they return totheir former position. However, this provision will not apply if theemployee is applying to a permanent position in a higherclassification.
(c) The successful internal applicant shall be on trial for a period offive (5) weeks. In the event the successful applicant is unable toperform the duties of the new classification, in management’sassessment, he/she shall be returned to hislher former positionand wage rate and without loss of seniority. Within the trialperiod above, an employee who wishes to return to hislherformer position may do so by providing no less than one weeknotice to their Supervisor or Manager.
During the trial period, management may fill the successfulapplicant’s former position temporarily for the duration of thetrial period, at its discretion. Any other employee temporarilypromoted or transferred because of the rearrangement ofpositions shall also be returned to their former position andwage rate if one exists without loss of seniority
14.09 Interviews for internal Applicants
Arrangements will be made to interview those internal applicantsselected for an interview during work time either in person or by videoconference.
14.10 Internal Application List
When a temporary or contract employee who has completed theirprobationary period is terminated at the conclusion of their temporaryassignment or contract, they will be placed on an ‘internal applicant list”.Being on this list gives them the right to apply to job postings and to beconsidered on the same basis as internal applicants. For this purpose only,they shall be deemed to have the amount of seniority which they had at thetime of their termination. They will remain on the list for a length of timeequal to their temporary or contract employment or for one year, whicheveris less.
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ARTICLE 15— LAYOFFS AND RECALLS
15.01 Definition of Layoff
(a) A layoff shall include a reduction in the employee’s regular hours ofwork of forty percent (40%) or greater, where such reduction isexpected to be of a permanent nature or where it is due to the short-term closure of Society offices, in accordance with Articles 28.08 and28.09.
(b) When the employer reduces the employee’s hours of work and it doesnot constitute a layoff, then for the twenty-four (24) months following,any reinstatement of the hours will be offered to this employee first.
15.02 Role of Seniority in Layoffs
Both Parties recognize that job security shall increase in proportion tolength of service. Therefore, in the event of a lay-off, Employees shall belaid off in the reverse order of their bargaining-unit-wide seniority, if theremaining Employees are skilled and qualified to do the work.
Notwithstanding the above, when the Employer identifies the need fora reduction or elimination of a specific position in a specificclassification, the Employer will identify the least senior Employee(s)within the affected position as surplus, based on the seniority ineffect as of that date. Where such Employee(s) are identified assurplus, the Employee(s) may exercise their rights to bump inaccordance with Article 15.05.
When an Employee chooses not to exercise their bumping rightsunder Article 15.05 the Employee shall be laid off and be entitled totheir recall rights under Article 15.06, or the Employee may elect toforego their bumping and recall rights and accept severance inaccordance with Article 15.08.
In the event of a layoff and/or in a recall situation, Deaf and hard ofhearing employees shall receive job-related training and requiredaccommodation in order to broaden their employment opportunities in thebargaining unit.
It is understood that the potential employment opportunities shall be forsimilar positions within the employee’s same or lower pay grade. It is alsounderstood that the kind of training, cost and duration must be mutuallyagreed upon prior to the commencement of such training.
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15.03 Advance Notice of Layoff
Unless legislation is more favourable to the employees, the Society shallgive employees who are to be laid off, and the Union, as much advancenotice of layoff as possible, and in no case less than one week. TheSociety shall give employees who are to be laid off for more thanthree (3) months no less than six (6) weeks’ notice of layoff. Duringthe period of notice, employees shall be granted reasonable time off, withpay, to seek other employment and the Society shall make all reasonableefforts to place the employees in other positions within the Bargaining Unit.If the employee does not have the opportunity to work the minimumnotice as provided in this Article, the employee shall be paid for any timefor which work was not made available.
15.04 Measures to Cushion Layoffs
In the event of proposed layoffs, the Society and the Union will have theopportunity to discuss the impact of the layoffs and to discuss possiblealternatives. Should these discussions occur prior to the issuance of layoffnotices, the discussions shall remain confidential in order to limit potentialharm to Employees who may or may not be so affected.
15.05 Bumping Rights
An Employee laid off in one pay grade will be given the opportunity ofdisplacing an Employee with less seniority, in the same or lower pay grade,provided the senior Employee possesses the skills and qualifications toperform the job; and providing the position of the displaced Employee is ofequal or fewer hours as the position of lay-off.
At the time of lay-off, the Employer will identify the position(s) forwhich the Employee has the skills and qualifications in accordancewith the above paragraph. Should the Employee be aware ofadditional position(s) for which they believe they have the skills andqualifications, the Employee will identify these position(s) to theEmployer. Any dispute over whether the Employee has the skills andqualifications for the position in question may be filed at Step 2 of thegrievance procedure.
The Employee must notify their immediate Supervisor within ten (10)working days of receipt of notice of layoff of their intent to bump into anotherposition and must identify which position they wish to bump into. TheEmployee will be transferred into the identified position without theneed to interview or serve an additional probationary period.
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Employees who bump laterally or to a lower level job will be paid at a ratein the new position which is closest to their current rate of pay receivedprior to the actual date of layoff.
An Employee who bumps into a job at a lower pay grade will not receive asalary which is higher than the maximum range for that pay grade.
Employees who accept a lower level position under this Article shall havethe right to reinstatement to their former position if such becomes availablewithin twenty-four (24) months of notice of layoff.
The Employees shall be reinstated at the step he or she would haveattained in their former position had they not been required to bump toretain their employment.
A full-time employee who has taken a part-time position as opposed to alayoff, shall be re-instated in accordance with Article 15.06 to that full-timeposition prior to the Employer hiring any other Employee (contract,temporary, casual) to fill what was previously a full-time position.
15.06 Recall Procedure
Employees shall be recalled in the order of their seniority, provided theyare qualified to do the work. Recall shall be defined as the opportunity towork in a pay grade which is similar to or lower than the pay grade fromwhich the Employee was laid off. An employee may refuse a recall if theposition to which they are being recalled is more than two pay gradesbelow the level at which they were employed prior to layoff. Such a refusalshall not affect the employee’s recall rights, nor shall it result in a loss ofseniority and deemed termination under Article 13.04.
15.07 No New Employees
No new Employee shall be hired until those laid off have been given anopportunity of recall, unless present Employees are unable to perform therequired work.
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15.08 Severance Pay
(a) In addition to receiving notice of layoff or pay in lieu thereof inaccordance with Article 15.03, an Employee shall at the time of layoffreceive severance pay in accordance with the EmploymentStandards Act, consistent with his/her length of service. If anEmployee elects to be paid the severance pay in accordance with theAct, the Employee shall be deemed to have abandoned the right torecall and will be considered terminated. The Society will inform theEmployee of this condition at the time of layoff. For those Employeeswho qualify for severance pay but elect to be on recall, severance willbe held in trust during the length of the recall.
(b) If an employee elects to remain on the recall list, and qualifies forseverance, then the severance will be held in trust for up to 24months. In the event that the employee is not recalled or is off therecall list, according to 15.06 Recall Procedure, the severance will bepaid out.
15.09 Grievances on Layoffs and Recalls
Grievances concerning layoffs and recalls shall be initiated at Step 2 of thegrievance procedure.
15.10 Continuation of Benefits
The Society agrees to pay the full premiums for all Employee BenefitsPlan for Employees laid off for up to three (3) months following the date oflay off, except for Long-term and Short-term Disability which benefitscoverage will expire at the end of the statutory notice period, if any,or the last day of active service, whichever date is later.
15.11 Change of Carriers
The Employer may decide to substitute the benefit plan andlor carrierfor any of the benefits provided, as long as the level of benefits in thenew Plan(s) is equivalent or better overall. The Union and theEmployees will be provided with thirty (30) days’ notice toimplementation of the change.
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ARTICLE 16— HOURS OF WORK
16.01(a) Hours of Work
The following paragraph and sections are intended to define thenormal hours of work and should not be construed as a guarantee ofhours of work per day or per week or days of work per week.
i) The standard is thirty-five (35) hour work week in five (5) seven(7) hour periods, which shall be worked Monday through Fridaybetween the hours of 8:00 am. and 9:00 p.m. and Saturdaybetween the hours of 9:00 a.m. and 5:00 p.m. However, thismay be altered by agreement between the Society and theUnion.
H) No seven (7) hour shift shall be spread over a period longer thaneight (8) hours with one (1) hour off for lunch, and a fifteen (15)minute rest period in each half of the shift.
Hi) At the request of the Employee and with the agreement of theimmediate Supervisor, the lunch break may be adjusted if suchadjustment, in the opinion of the Supervisor, would in no wayinterfere with the Employee’s ability to perform the job functionand does not contravene the Employment Standards Act.
(b) Changes to Hours of Work
Should the Society need to change the hours of work of an individualemployee on a consistent, on-going basis, the Society will provide theemployee with at least four (4) weeks notice. This period of time maybe shortened by mutual consent of the employee and theirsupervisor. This right shall not be exercised in an arbitrary ordiscriminatory manner.
16.02 Flexible Hours
The Parties agree that flexible arrangements (of no less than four (4)weeks) regarding hours of work may be agreed to by the Society uponrequest by the Employee. Such arrangements must not adversely affectthe operational requirements and/or service delivery and may be cancelledby either party with appropriate notice of no less than two (2) weeks.
This article does not apply to normal scheduling requirements referred toin Article 16.01.
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16.03(a) Travel Time: Regular Work Duties
Where an employee travels on Society business related to theperformance of their regular duties outside their regular workinghours, such time, excluding the time the employee would normallyspend commuting to or from work, will be considered time workedand, where applicable, will be compensated in accordance withArticle 17.01 and Article 17.02. Such travel time shall be prearranged between the employee and their manager, except in casesof emergency.
(b) Travel for Training and Professional Development
The Parties recognize the widespread geographic nature of theorganization and that employees will be required to travel outsidetheir regular working hours to attend training, professionaldevelopment and/or retreats.
Travel distance will be calculated between the employee’s primaryoffice or home, whichever is closer, to the location of training. Wherethe travel distance (one way) is greater than 100 km, the employeewill be compensated for travel time, excluding the time the employeewould normally spend commuting to or from work, at their straighttime hourly rate to be taken as lieu time. Such lieu time is to be takenat a time mutually agreed upon between the employee and theirmanager. Arrangement for travel to training must be pre-approvedby the employee’s manager. It is understood that employees will becompensated for the travel time which is necessary in thecircumstances.
ARITCLE 17- OVERTIME
17.01 Overtime Defined
(a) All time worked
1. before or after the regular work day as defined in Article 16.01(a) and (b);
2. before or after the regular work week as defined in Article 16.01(a) and (b); or
3. on a holiday as defined in Article 18.01; shall be consideredovertime.
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There shall be no pyramiding of overtime hours (i.e. no counting ofhours twice using the definitions in paragraphs 1 and 2 above).Further, there shaH be no pyramiding when an employee works hourson a holiday which would also meet the definitions of overtime inparagraphs 1 or 2 above.
(b) Overtime work shall require prior approval of the Employee’smanager.
(c) In emergencies, where it is not possible for the employee to obtainprior approval for overtime, the employee is to notify the manager ofthe overtime hours worked at the earliest possible opportunity.
17.02 Compensation for Work Before and After Daily Scheduled Hours
Overtime work, as defined in Article 17.01, shall be compensated asfollows:
(a) All staff shall be compensated at straight time up to forty (40) hoursworked in any one (1) week. Hours in excess of forty (40) hours ofwork in any one (1) week shall be compensated at the rate of timeand one half (1%).
(b) Compensation for overtime should be taken time off in lieu ofpayment. It will be scheduled by mutual agreement as close to theweek earned as possible, and within three (3) months from the day itwas earned. If, however, the Employee is unable to schedule paidtime off in lieu of payment during this three (3) month period,overtime shall be paid in accordance with Article 17.02 (a).
(c) At the Employee’s choice, the employee may be paid for theovertime worked in accordance with Article 17.02 (a) aboveinstead of taking paid time off.
17.03 Call Back
An employee called back to work on an emergency basis by the Societyafter having completed a regular shift and prior to the commencement ofhis/her next regular shift as defined by Article 16.01, shall receive aminimum of four (4) hours work or four (4) hours pay at the rate of time andone-half (1.5) of his/her regular earnings.
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17.04 Payment for or Supply of Meals
Meal Allowance
An employee required to work two (2) hours or more of overtime (in excessof the standard daily full-time hours of work) shall be reimbursed for ameal up to fifteen dollars ($16.00), upon submission of appropriatereceipts from the Employee.
Out of town Meal Allowance
In the event an Employee is required to stay out of town overnight forwork-related appointments, events, meetings or conferencesrequired by the Society, the Employee will be reimbursed (uponsubmission of appropriate receipts) up to forty-five dollars ($45.00) intotal for those meals not provided in the cost of the hotel stay, eventor conference registration as follows: up to $10.00 for breakfast, upto $12.50 for lunch and up to $22.50 for dinner. Expenses for alcoholwill not be reimbursed.
17.05 Overtime during Layoffs
There shall be no scheduled overtime of 21 hours a week or more in anoffice in any operation while there are available Employees in the sameoffice, on layoff, qualified to perform the work, provided such Employeesare unemployed and are willing to perform the work,
17.06 No Reduction in Regular Working Hours
No Employee shall have his/her regular hours reduced unilaterally orarbitrarily in any week merely for the reason that he/she has workedovertime.
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ARTICLE 18— HOLIDAYS
18.01 Holidays
(a) The Society agrees to pay at the regular rate of pay the following paidholidays to all Employees normally scheduled to work on the day theholiday is held.
New Year’s Day Civic HolidayFamily Day Labour DayGood Friday Thanksgiving DayEaster Monday Float HolidayVictoria Day Christmas DayCanada Day Boxing Day
and any other statutory holiday proclaimed by the Federal or ProvincialGovernment.
The Float Holiday is to be taken at any time by mutual consentbetween the Employee and Employer.
(b) The Society recognizes the right of persons wishing to take non-statutory holidays to celebrate religious or cultural holidays.Employees who take non-statutory holidays for religious or culturalpurposes may use accrued vacation, personal leave days, unpaidday(s) or lieu time, provided reasonable notice has been given of theEmployee’s intent to observe a non-statutory holiday.
18.02 Compensation for Holidays Falling on Saturday or Sunday
When any of the above noted holidays fall on a Saturday or Sunday and isnot proclaimed as being observed on some other day, the followingMonday shall be deemed to be the holiday for the purpose of thisAgreement.
18.03 Pay for Regularly Scheduled Work on a Holiday
An Employee who works, at the request of the Society, on a Paid Holiday,will be paid at the rate of one and one-half (1.5) times his/her regularrate of pay for the time worked and shall receive another day off withpay, in lieu of holiday pay, at a time designated by mutual agreement.
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A Part-Time employee who works, at the request of the Society, on aPaid Holiday will be paid at the rate of one and one-half (1.5) timeshis/her regular rate of pay for the time worked. In addition, theEmployee will receive holiday pay for such day calculated pursuantto the current provisions of the Employment Standards Act, thisholiday pay shall be banked.
18.04 Compensation for holidays Falling on Scheduled Day Off
(a) When any of the above-noted holidays fall on a full-time Employee’sschedule day off the Employee shall receive another day off with payat a time reached by mutual agreement.
(b) For Part-Time Employees, the following applies:
i) A part-time Employee scheduled to work on the PaidHoliday shall be entitled to holiday pay for the paid holidaycalculated in accordance with the provisions in theEmployment Standards Act, as amended from time to time.Such holiday pay shall be banked.
ii) A part-time Employee not scheduled to work on the PaidHoliday shall be entitled to holiday pay for the paid holidaycalculated in accordance with the provisions in theEmployment Standards Act, as amended from time to time.Such holiday pay shall be banked.
The Employee shall take a substitute paid day off for anystatutory holiday for which they are eligible. Pay for theday off shall be deducted from the employee’s paid holidaybank. Such substitute day off shall be taken as close to theholiday as can be mutually agreed to.
ARTICLE 19— VACATIONS
19.01(a) Vacation Year
For the purposes of this Agreement the Employee’s vacationentitlement and pay shall be based on a vacation year that runs fromApril ito March 31.
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(b) Vacation Entitlement
A full-time employee shall be allotted vacation in advance of itbeing earned based on their complete years of service as of AprilI of each year, in accordance with the following:
Service as of April 1 Length of Vacation
Up to 5 completed 3 weeks (based on 1.25 daysyears of service earned for each completed
month of service)
6th year to 10 completed 4 weeks (based on 1.67 daysyears of service earned for each completed
month of service)
11th year of service or more 5 weeks (based on 2.08 daysearned for each completedmonth of service)
The Employee’s annual vacation entitlement described abovewill be allotted in two instalments: two thirds (213) on April 1 ofeach year and one third (113) on October 1 of each year.
New Employees will be allotted vacation days on a pro-rata basisfor period from their start date to March31, the end of the currentvacation year. As of April 1, of the new vacation year, they willreceive full vacation allotment described above.
Part-time Employees will be allotted vacation time based on thefull-time equivalent (FTE) percentage of time worked.
If an Employee’s service anniversary date results in an allotmentincrease during the vacation year, the allotment rate will beadjusted in the month following the employee’s serviceanniversary date on a pro-rata basis, based on the monthly rateset out above.
(c) Vacation Carry Over
Employees must take their full vacation entitlement within eachvacation year (April 1 through March 31), with the exception thatfull-time employees may carry over up to five (5) vacation daysto be used in the following vacation year. Part-time Employeesmay carry over up to their full-time equivalent (FTE) of five (5)days to be used in the following vacation year.
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The Society may, after consultation with the Employee, schedulevacation days in the current vacation year to ensure that thecarry-over of accrued vacation days is not greater than five (5)days.
19.02 Vacation Pay
Vacation pay for each week of vacation, including any carry over week,shall be at the employee’s current rate of pay.
Part-time Employees will receive vacation pay based on their full-timeequivalent (FTE) percentage. In no case will a part-time Employee beentitled to vacation pay that exceeds their FTE percentage at theircurrent rate of pay multiplied by the number of accrued vacationdays.
19.03 Preferences in Vacations Vacation Requests
Subject to Article 19.04, vacation requests will be considered asfollows:
(a) Vacation requests for the coming vacation year (April ito March 31)shall be submitted in writing by March 1st of the current year.
(b) Vacation requests submitted by March 15t shall be decided inaccordance with seniority.
(c) All vacation requests require the approval of the employee’sManager except as provided in Article 19.06.
(d) The employee’s Manager will consider the vacation requests andrespond in writing by March 15th
(e) Employees not submitting vacation requests by March 1’ in of thecurrent year lose the right to preference in vacation considerationbased on seniority. Vacation requests received after March 15t of thecurrent year must be taken at a time mutually agreed by the Managerand the Employee. Vacation requests made after March 1st should besubmitted sufficiently in advance to allow Management to giveconsideration to same in accordance with Article 19.04.
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19.04 Consecutive Vacation Time Off
(a) Employees may take a maximum of three (3) consecutive weeksof time off at any one time, subject to operational considerationsand business interests of the Society. This provision is not to beconstrued as a guarantee of three (3) consecutive weeks of timeoff upon request.
(b) In exceptional circumstances, the Society may grant anEmployee’s time off request of greater than three (3)consecutive weeks. The award of such request will be subject tooperational considerations and business interests of theSociety. An Employee seeking to schedule a period of time offin excess of three (3) consecutive weeks must provide suchrequest to their Manager sufficiently in advance to allow theSociety to make its determination. Such requests will requireapproval by the Manager’s manager.
19.05 Compensation for Paid Holidays Falling Within Scheduled Vacation
If a Paid Holiday falls, or is observed, during an Employee’s vacationperiod, the employee shall be granted an additional vacation day with payat a time designated by mutual agreement
19.06 Bereavement During Vacation
When an Employee experiences a bereavement during a vacationperiod, there shall be no deduction from vacation credits for theallotted Bereavement Leave. The affected vacation days will berescheduled by mutual agreement,
19.07 Work During Vacation Period
No Employee will be required to work during his/her vacation, and noemployee shall be permitted to work during his/her vacation periodunless requested to work by the Employee’s Manager or designate. Ifthe Employee accepts the Manager’s or designate’s request to workduring hislher vacation period, the Employee will be paid at the rateof one and one-half (1.5) times hislher regular rate of pay for the timeworked (and in no case for less than three hours) and shall receiveanother paid vacation day for each day on which the employeeworked pursuant to the request by his/her Manager.
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19.08 Vacation Pay on Termination of Employment including retirement
(a) An employee terminating employment at any time during the VacationYear shall reimburse the Society for any paid vacation taken inadvance of it being earned.
(b) An employee terminating employment at any time during theVacation Year who has a balance of earned unused vacation asof the date of termination will be paid for same at hislher currentrate of pay.
ARTICLE 20 — SICK LEAVE PROVISIONS
20.00 Sick Leave
The sick leave provisions in this Article are contained in two (2) parts. PartA describes sick days paid by the Employer. Part B describes the Short-Term Disability (STD) Plan and the Long-Term Disability (LTD) Planprovided by a third-party carrier.
Part A (Employer Paid Sick Days)
20.01 Sick Days Defined
A sick day means the period of time an Employee is absent from work withfull pay by virtue of being sick or disabled, or exposed to a contagiousdisease, or under examination or treatment. For the purpose of attendingmedical examinations, time used from a sick day shall be in increments ofone (1) hour.
20.02 Annual Paid Sick Days
All full-time employees will be entitled to nine (9) sick days per annum paidat 100%. These days will be allotted effective April 1 of each year.
Part-time employees shall have these sick days pro-rated to reflect theirregularly scheduled hours of work.
Effective upon date of hire, new employees will be allotted a pro-ratedamount of sick days for their first year of employment based on their dateof hire.
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20.03 Carryover of Annual Paid Sick Days
An employee may hold sick days in reserve to a maximum of thirty (30)days to be used for the purpose of topping up STD benefits to one hundredpercent (100%) of their current weekly earnings. Employees may use amaximum of nine (9) of their reserve days to cover the STD qualifyingperiod identified in Article 20.10, provided that they first utilize theiravailable sick days. Payment for reserve days for the STD qualifying periodwill only be made if employees qualify for and receive STD benefits.Unused sick days as of March 31st shall carry over to the next year into thereserve to a maximum of 30 days in the reserve.
The employee’s sick leave reserve shall be comprised of the following:
i) Unused sick days carried over from previous years; and/or
ii) Unused sick days from the employee’s sick bank which the employeeelected to hold in reserve instead of being paid out for such dayspursuant to the Memorandum of Settlement between CHS and theUnion dated May 7, 2017
In no case shall the employee’s sick leave reserve days exceed thirty (30)days at any time.
The Employer will provide employees with a report of their sick days andany existing reserve days on March 315t of each year.
These reserve days have no value other than as specified in this Articleand will not be paid out in cash at anytime.
20.04 Illness in the Family
Where no one other than the employee can provide for the need duringillness of an immediate member of the employee’s family (as defined inArticle 21.04) the employee shall be entitled after notifying the employee’ssupervisor to use a maximum of five (5) sick leave days per illness for thispurpose.
20.05 Proof of Illness
Subject to any restriction prescribed by the Employment StandardsAct, an employee may be required to produce a medical certificate from aqualified health practitioner after three (3) consecutive sick days certifyingthat the employee was unable to carry out the employee’s duties due toillness or injury.
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The parties agree that there shall be no change to the current practiceregarding payment for proof of illness when the Employer requests proofof illness.
An employee may be required to provide a Functional Abilities Formcertifying that the employee is able to return to his or her regularduties or outlining any restrictions that require modified duties. TheSociety will reimburse the employee for the cost of such report.
Qualified health practitioner is as defined in the EmploymentStandards Act.
Part B (STD and LTD)
20.08 The Premiums for a Short-Term Disability (STD) Plan
The Employer shall pay 100% of the cost of the premiums for a Short-TermDisability (STD) plan.
20.07 STD Plan Changes
The Employer may change the STD plan and/or carrier provided that thenew benefits plan is equivalent to or better than the Manulife Policy. In theevent that the Employer changes the plan or carrier, the Union shall beprovided sixty (60) days’ notice and the details of the new plan. Prior to anychange, each employee shall be provided with a description of the newplan.
20.08 Terms and Conditions
Unless otherwise specified, claims for STD benefits are subject to theterms and conditions established by the carrier in the applicable STD plan.Any dispute with regard to qualifications for or entitlements to STD benefitsshall be between the employee and the carrier.
The Employer agrees to support the employee in their claim applicationsfor STD through human resources.
The Employer shall arrange to familiarize new employees with the STDplan application and STD appeal process as part of the new employeeorientation process.
The Employer agrees that any terms, conditions and administration of theSTD plan shall be accordance with the Ontario Human Rights Code,Accessibility for Ontarians with Disabilities Act and applicable privacy laws.
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20.09 STD Benefit Amount
Employees shall receive 75% of their current weekly earnings to amaximum of $1500.00 per week (grass) paid by the carrier. The durationof STD benefits available to an employee, subject to the terms of the plan,shall be up to a maximum of 15 weeks.
20.10 STD Qualifying Period
STD benefits shall begin on the first (ist) day of a non-work-relatedcircumstance requiring hospitalization or non-work-related injury; or on theeighth (8tj consecutive calendar day of non-work-related illness, providingthe employee meets the terms for entitlement specified in the plan.
Employees shall have the option to bridge payment for the qualifying daysprior to STD by using any of the following once their annual sick dayallotment identified in Article 20.02 is exhausted:
(a) Personal days pursuant to Article 21.13
(b) Float holiday pursuant to Article 18.01 (in which case the Float holidaywill not be taken during the Holiday closure)
(c) A maximum of nine (9) Reserve days pursuant to Article 20.03
(d) Paid Vacation days pursuant to Article 19
20.11 Eligibility for STD
Temporary and contract employees who have uninterruptedaccumulated service of one year or more and who work twenty-one(21) hours per week or more on a regular basis are eligible for STDbenefits coverage. Those temporary and contract employees who donot meet this criteria shall not be eligible for STO benefits coverage.
20.12 Long-Term Disability (LTD)
The Employee may qualify for LTD after one hundred and five (105)calendar days subject to the approval of the carrier.
20.13 Proof of Illness
Where the carrier requires that an employee provide a report from amedical practitioner to support either a claim or appeal for STD, the Societywill reimburse the employee for the cost of such report, up to a maximumof $50.00 per year.
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20.14 Pension
Optional contributions for the MSPP to cover periods of STD shall be madesubject to MSPP regulations, and the Employer agrees to match theemployee’s contributions, but shall be limited to 4% of the employee’s STDbenefits plus top up to 100%.
20.15 Access to Information
The Employer shall provide a copy of any Group Benefits SponsorStatement (or equivalent) to the affected member and the union, subject tothe employee signing a release to this effect.
ARTICLE 21 - LEAVE OF ABSENCE
21.01 Leave of Absence for Union Functions
(a) Upon request to the Society, a leave of absence without pay maybe granted to Employees elected or appointed to represent theUnion at conferences, conventions, CUPE Executive andCommittee meetings or for Union-related training.
(b) An employee elected or appointed as President or Acting Presidentof CUPE Local 2073 shall be allowed up to two (2) days leave ofabsence with pay each month to carry out business between theSociety and the Local.
(c) Leaves under (a) and (b) shall be without loss of seniority, service orbenefits. For leaves without pay under (a), the Society shall continuethe payment of wages during the leave and shall invoice the Unionfor gross wages paid during the leave.
(d) The Union shall provide reasonable notice of such leaves and suchleaves shall not be unreasonably denied. It is understood that suchleaves shall not impede the effective operation of the Society.
21.02 Leave of Absence for Full-Time Public Duties
(a) The Society recognizes the right of an Employee to participate inPublic Affairs. Therefore, upon written request, the society shall allowleave of absence without pay but without loss of benefits for a periodof two (2) months so that the Employee may be a candidate inFederal, Provincial or Municipal Elections.
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(b) An Employee who is elected to public office shall be allowed leave ofabsence without pay during the employee’s term of office but shallnot accumulate further seniority during such leave of absence,beyond six (6) months pursuant to Article 13.01 of this Agreement.
(c) Under (b) above, unless the Employee agrees to pay both the Societyand the Employee portion for continued health and welfare benefitcoverage, benefits will not be provided. If the employee does agreeto pay 100% of the premiums, health and welfare benefit coveragewill be continued in accordance with the contract of insurancebetween the Society and the insurance carrier. Under nocircumstances will long-term disability (LTD) be provided during theleave.
21.03 Leave of Absence for Full-time Union Duties
(a) An Employee who is elected to office in the Canadian Union of PublicEmployees, whether National or Provincial, the duties of whichrequire his or her full-time attendance and becomes a paidemployee of the Canadian Union of Public Employees shall,upon written request, be granted leave of absence without pay butwithout loss of seniority for a term not exceeding twenty-four (24)months. Requests for such leave shall not be unreasonably denied.It is understood that the employee will provide the Society withreasonable notice of the need for such leave.
(b) An employee who becomes a paid employee of the Canadian Unionof Public Employees whether National or Provincial, shall, uponwritten request, be granted leave of absence without pay but withoutloss of seniority for a period not exceeding twelve (12) months. Suchleave shall be extended, upon request, up to an additional twelve (12)months. Requests for such leave shall not be unreasonably denied.It is understood that the employee will provide the Society withreasonable notice.
(c) Unless the Employee agrees to pay both the Society and theEmployee portion for continued health and welfare benefit coverage,benefits will not be provided during such leave. If the employeedoes agree to pay 100% of the premiums, health and welfare benefitcoverage will be continued in accordance with the contract ofinsurance between the Society and the insurance carrier. Under nocircumstances will short-term disability or long-term disability (LTD)be provided during the leave.
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(d) During a leave under this Article, if the employee requests, theSociety will maintain the employee’s salary and benefits that areeligible for continuation as set out in (c) above and the Unionwill be invoiced for the full costs of the salary and benefitscontinuation. For clarification, the benefits coverage eligible forcontinuation may only be continued for a period of up to three(3) months from the date the leave commences.
21.04 Paid Bereavement Leave
An Employee shall be granted a maximum of five (5) regularly scheduledconsecutive work days’ leave without loss of pay and benefits in the caseof death of a spouse, child, parent or sibling, former guardian orfiance.
In the case of a death of parents-in-law, siblings-in-law, son or daughterin-law, grandparent, grandchild, andlor any relative for who the Employeeis required to administer bereavement responsibilities, the Employee isentitled to three (3) work days’ leave without loss of pay and benefits.
Where the burial occurs outside of the province, such leave shall alsoinclude travelling time, not to exceed five (5) working days.
For the purpose of this Article, “spouse” shall be designated as a personwho is legally married to an employee or as a person of any genderwho has lived with the employee for a period of twelve (12) months ina common law partner relationship.
21.05 Pregnancy Leave
(a) Pregnancy leave without pay shall be granted in accordance with theOntario Employment Standards Act, as amended from time to time,except where superior in the provision. In accordance with the Act,the duration of pregnancy leave is up to seventeen (17) weeks.
(b) In accordance with the Act, to be eligible for pregnancy leave, anemployee must have been employed by the Society for thirteen (13)consecutive weeks at the time of her due date.
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(c) An Employee entitled to pregnancy leave who has been employed fortwenty-one (21) consecutive calendar months at the time of leavingfor pregnancy and/or parental leave and who provides the Societywith proof that she has applied for and is eligible to receiveEmployment Insurance maternity benefits pursuant to theEmployment Insurance Act, as amended, shall be paid a benefitunder the Society’s Supplemental unemployment Benefit (SUB) Plan,as follows:
i) For the first week, i.e. the Employment Insurance waitingperiod, payments equivalent to eighty-one percent (81%) of herregular pay.
ii) For up to an additional twenty-six (26) weeks, paymentsequivalent to the difference between eighty-one percent (81%)of her regular pay and the sum of her weekly El benefits andany other earnings received by the Employee. The twenty-six(26) weeks of (SUB) payments includes fifteen (15) weekspayable during pregnancy leave and eleven (11) weekspayable during parental leave as provided for in Article 21.06(c) (ii).
Ni) Regular pay shall mean the employee’s regular weekly rate ofpay for her regular position which she was receiving on the lastday worked prior to the commencement of the pregnancy leave.
iv) The employee’s original Employment Insurance benefitsstatement is to be submitted to the Society as proof that she isin receipt of Employment Insurance pregnancy benefits.
v) Employees have no vested right to payments under the Planexcept to payments during a period of unemployment specifiedin the Plan under E.I. Regulations.
Other income in the respect of guaranteed annual remunerationor in respect of deferred remuneration or severance paybenefits are not reduced or increased by payments receivedunder the Plan.
vi) Temporary Employees and Contract Employees are not eligibleto receive Supplemental Unemployment Benefits.
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21.06 Parental Leave
(a) Parental leave without pay shall be granted in accordance with theOntario Employment Standards Act, as amended from time to time,except where a superior benefit is provided in this provision. Inaccordance with the Act, the duration of parental leave is up to sixty-one (61) weeks, if the employee also took a pregnancy leave, and upto sixty-three (63) weeks otherwise.
(b) In accordance with the Act, to be eligible for parental leave, anemployee must have been employed by the Society for thirteenconsecutive weeks at the time of the birth of the child or the comingof the child into the employee’s custody, care and control for the firsttime.
(c) An Employee entitled to parental leave who has been employed fortwenty-one (21) consecutive calendar months at the time of leavingfor pregnancy and/or parental leave and who provides the Societywith proof that he or she has applied for and is eligible to receiveEmployment Insurance parental benefits pursuant to the Employmentinsurance Act, as amended, shall be paid a benefit under theSociety’s Supplemental Unemployment Benefit Plan, as follows:
i) For the one week, Employment Insurance waiting period, if theemployee has to serve an El waiting period, paymentsequivalent to eighty-one percent (81%) of his or her regular pay.
N) For up to an additional eleven (11) weeks, payments equivalentto the difference between eighty-one percent (81%) of his or herregular pay and the sum of his or her weekly El benefits and anyother earnings received by the Employee.
Ni) Regular pay shall mean the employee’s regular weekly rate ofpay for his or her regular position which he or she was receivingon the last day worked prior to the commencement of theparental leave.
iv) The employee’s original Employment Insurance benefitsstatement is to be submitted to the Society as proof that he orshe is in receipt of Employment Insurance parental benefits.
v) Employees have no vested right to payments under the Planexcept to payments during a period of unemployment specifiedin the Plan under E.l. Regulations.
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Other income in the respect of guaranteed annual remunerationor in respect of deferred remuneration or severance paybenefits are not reduced or increased by payments receivedunder the Plan.
vi) Temporary Employees and Contract Employees are not eligibleto receive Supplemental Unemployment Benefits.
(d) A reasonable, personal extension to the standard parental leave ofabsence, without pay, may be granted on request, pursuant to Article21.10, General Leave, provided that the extension will not causeundue difficulty for delivery of services or operation, or unreasonableexpense to the Society. There must be mutual agreement betweenthe Society and the Employee for the request to be granted.
Consideration will be given to the length of time requested. Thedegree of retraining required upon return, the ease of finding qualifiedreplacements, the impact on service, seniority and other such factors.Written notice must be presented in writing, no less than 4 weeksbefore the employee was supposed to return to work.
21.07 Paid Jury or Court Witness Duty Leave
The Society shall grant leave of absence without loss of seniority benefitsto an Employee who serves as a juror or witness in any court. The Societyshall continue to pay regular wages during this period and the Employeeshall give to the Society the witness or juror fees received, excluding anyamount paid for travelling or other expenses. Time spent by an Employeerequired to serve as a court witness in any matter arising out of his/heremployment shall be considered as time worked at the appropriate rate ofpay. The same provisions apply when an Employee is a Plaintiff orDefendant in a civil court matter.
21.08 Leave for Court Appearance
In the event that an Employee is accused of an offence which requires acourt appearance, the Employee shall be entitled to leave of absencewithout loss of seniority, benefits and pay for a period of (1) day. In theevent that the accused Employee is jailed awaiting a court appearance, theEmployee shall be entitled to an unpaid leave of absence without loss ofseniority and benefits for a maximum period of five days.
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21.09 Citizenship Leave
An employee shall be entitled to leave of absence with pay to attendhislher Canadian Citizenship Ceremony.
21.10 General Leave
A Permanent employee, who has been employed at CHS for two (2) years,shall be entitled to a leave of absence without pay and without loss ofseniority up to a twelve (12) month period provided the Employee requestssuch leave for good and sufficient cause. Unless the employee agrees topay both the Society and the Employee portion for continued health andwelfare benefit coverage, benefits will not be provided. If the employeedoes agree to pay 100 % of the premiums, only Life, AD&D, ExtendedHealth and Dental benefits coverage will be continued in accordancewith the contract of insurance between the Society and the insurancecarrier. Under no circumstances will short-term (STO) or long-termdisability (LTD) coverage be provided during the leave. Such request shallbe in writing and subject to the approval of the Society.
21.11 Education Leave
Leave of absence without pay, but without loss of seniority, may be grantedto a Permanent Employee, who has been employed at CHS for two (2)years, to return to school for the purposes of upgrading work related skillsand/or gaining the educational requirements for future positions for aminimum period of thirty (30) calendar days and a maximum of one (1)calendar year. Such leave may be extended by mutual agreement of theparties up to an additional year. Unless the Employee agrees to pay boththe Society and the Employee portion for continued health and welfarebenefit coverage, benefits will not be provided. If the employee does agreeto pay 100% of the premiums, only Life, AD&D, Extended Health andDental benefits coverage will be continued in accordance with thecontract of insurance between the Society and the insurance carrier.Under no circumstances will short-term (STD) or long-term disability(LTD) coverage be provided during the leave. The Employee shall givethe Society as much notice as possible with a minimum written notice ofsixty (60) calendar days being required. Such leave will not impede theeffective operations of the Society.
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21.12 Personal Leave Days
Permanent Employees are allowed three (3) Personal Leave days per yearfor religious, family, ethno-cultural or personal purposes. These days maybe taken in half (1/2) day increments, are not to be carried over from yearto year and will not be paid out upon leaving the employ of the Society.
Part-time staff shall have these Personal Leave days pro-rated based ontheir regularly scheduled hours of work.
Temporary or Contract Employees are eligible for Personal Leave Daysafter one year of continuous service. Such days are pro-rated on the timeremaining in their contract beyond one year.
21.13 Emergency Leaves
With regard to the Personal Emergency Leave provisions under Section50 of the Employment Standards Act, it is understood and agreed that thevarious leave provisions of the collective agreement provide a greaterbenefit within the meaning of Section 5(2) of the Act. These leaveprovisions include but are not limited to leaves under Article 21, Leaves ofAbsence and Article 20, Sick Leave. Accordingly, Section 50 of the Actdoes not apply to this collective agreement. All other parallel leavesprovided in the Employment Standards Act that are not consideredPersonal Emergency Leave under the Act, or which are notspecifically referenced in the Collective Agreement, will apply.
An employee who is not entitled to a leave under the Collective Agreementthat constitutes a greater benefit than that provided under Section 50,will otherwise be entitled to emergency leave under Section 50 of the ESAas amended from time to time. The total number of leave days availableto an employee who is not eligible for a greater benefit than providedin the emergency leave provisions of the Act shall not exceed thenumber of emergency leave days prescribed by the Act.
21.14 STD andlor LTD coverage during Leave of Absence
Under no circumstance will STD and/or LTD coverage be providedduring any leave of absence unless otherwise required under theEmployment Standards Act or otherwise agreed under the CollectiveAgreement.
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ARTICLE 22— SALARY AND WAGE
22.01 Equal Pay for Equal Work
Employees shall receive equal pay for equal work in accordance withapplicable legislation.
22.02 Pay Days
The Society shall pay by direct deposit salaries and wages in accordancewith the CHS Salary Grid attached hereto and forming part of thisAgreement. On each pay day each Employee shall be provided with anitemized statement of their wages, overtime and other supplementary payand deductions. Direct deposit of wages shall be to a bank of theEmployee’s choice.
22.03 Previous Experience Credit
New employees will be hired at the entry level (step 0). For purposes ofplacement on the salary grid, the Society may grant, at its sole discretion,credit for previous experience. Such credit may be granted where theSociety determines that the previous experience is related to the positioninto which the employee has been hired. The Society may grant no morethan one step in the pay grade for every two (2) years of relatedexperience, to a maximum of step three (3).
Notwithstanding the above paragraph, where an employee does notpossess the required experience to be placed at a higher step on the salarygrid, the Society may place them at a higher step to meet marketconditions, provided they will not be hired at a higher level than a currentemployee in the same position.
22.04 Step Increases
Effective April 1, 2010, an employee who has been in a position orpositions in the same pay grade for at least one year on April 1, (inclusiveof pregnancy/parental leave, paid sick leave and leaves of absence of thirty(30) consecutive calendar days or less) will receive a step increase.Thereafter, they will receive a step increase on April 1, each year that theyremain in the same pay grade.
Where an employee is promoted to a position in a higher pay grade orwhere their position is reclassified to a higher pay grade, the employee willbe eligible for a step increase on April 1, provided they have been in thenew pay grade for at least one full year.
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22.05 Rate of Pay on Promotion or Reclassification
When an Employee transfers to another position within the same paygrade, there will not be any increase in salary at that time.
An employee who is assigned, promoted or reclassified to a position in ahigher pay grade shall be placed on the step in the new pay grade so thatthey shall receive no less an increase in wage rate than the equivalent ofone step in their previous pay grade (provided that they do not exceed themaximum of the new pay grade).
22.06 Pay on Temporary Transfers, Higher Rated Job
When an employee is temporarily transferred to a position in a higher paygrade for a period of fifteen (15) consecutive working days or more, theyshall be placed on the step in the higher pay grade so that they shallreceive no less an increase in wage rate than the equivalent of one step intheir normal pay grade (provided that they do not exceed the maximum ofthe higher pay grade).
22.07 Pay on Transfer, Lower Rated Job
When an employee accepts a written offer of transfer, at the request of theSociety, to a position in a lower pay grade, either on a temporary or aregular basis, their rate of pay will be maintained until such time as the rateof pay of the lower pay grade equals or exceeds their current rate, at whichtime they will be placed on the lower pay grade.
When an employee is the successful applicant to a job posting, where theposition is in a lower pay grade, the employee will be placed at the samep on the salary grid in the lower pay grade as they were on the higherpay grade.
22.08 Third Party Honorariums
Any monies including Honorariums received by an Employee from a thirdparty in payment for services rendered by the Employee in performance ofthe Employee’s duties as an Employee of OHS shall be submittedimmediately to the Society.
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ARTICLE 23— FEES AND PROFESSIONAL DEVELOPMENT
23.01 Professional Fees and Licenses
The Society shall pay professional and/or license fees for an Employeewho as a condition of employment is required to be a member of aprofessional association or be licensed.
23.02 Bonding Fees
All Employees handling cash must be able to be bonded and may bebonded. The cost of the bond shall be borne by the Society.
23.03 Professional Development
The Parties agree that professional development is a shared responsibility.To that end it is agreed that for academic or technical courses that arerequired to maintain an individual’s professional accreditation, the costshall be borne by the Employee. For academic or technical courses thatare required to meet a standard established by CHS, the cost shall beborne by the Society.
For other academic or technical courses that are agreed between theEmployee and his/her supervisor to be a mutual benefit to CHS and theEmployee, the cost of the tuition and required material shall be reimbursedto the Employee upon successful completion of the course. Such requiredmaterial will then become the property of CHS.
Attendance at such courses must not adversely affect operationalrequirements and/or service delivery.
For culturally Deaf, oral deaf, deafened and hard of hearing Employees,the Society shall provide accommodation, when not already available, inorder to ensure that approved education/training opportunities arecompletely accessible in order to broaden their employment opportunitieswithin CHS.
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ARTICLE 24— JOB CLASSIFICATION AND RECLASSIFICATION
24.01(a) New ClassificationslChanges to Existing Classifications
In the event that the Society establishes a new classification, orsubstantially changes the job content of an existingclassification, the Society shall determine the rate of pay forsuch new, or amended, classification and notify the Union ofsame. If, within six (6) months of the employee(s) commencingwork in the new or amended classification, the Union wishes tochallenge the established rate of pay, it may request a meetingwith the Society to endeavor to negotiate a mutually satisfactoryrate. Any change mutually agreed to shall be retroactive to thedate that the employee(s) commenced performance of the fullscope of duties of the classification in question. If the Societyand the Union are unable to agree to the rate of pay, the Unionmay refer the matter to the Joint Job Evaluation Committee(JJEC) for evaluation of the classification within two (2) weeksof the request. If the JJEC is unable to agree to the rate of payfor the classification, the dispute may be submitted toArbitration within fifteen (15) working days of such meeting. TheArbitration decision shall determine a rate of pay based on acomparison of the requirements of the classification in questionwith the requirements of other classifications in the bargainingunit.
(b) Joint Job Evaluation Committee (JJEC)
There shall be three (3) Society members and three (3) Unionmembers on the JJEC, who shall be released without loss of payfor their meetings. Meetings of the JJEC will not impede theoperations of the Society.
The Employer will make current job descriptions available to theUnion upon request.
24.02 Elimination and Changes to Classifications
The Society will advise the Union of its decision to eliminate aclassification. If the Union disputes the decision to eliminate theclassification, it may request a meeting with Management to discussthe decision. If the Union still disputes the decision to eliminate theclassification, it may submit the dispute to Arbitration within fifteen(15) working days after such meeting.
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24.03 Grievance of Classifications
An Employee who believes that they are improperly classified shall havethe right to grieve. All such grievances will be submitted at Step 2 of thegrievance procedure and shall be heard by the Director, Human resources.
ARTICLE 25— EMPLOYEE BENEFITS
25.01 Eligibility
Enrolment in the Life, AD&D, Extended Health and Dental benefit planis mandatory for:
• all permanent employees who are full time;
• all permanent employees who are part time and are working on aregular basis, twenty-one (21) hours per week or more; and
• all Temporary and Contract employees who have uninterruptedaccumulated service of one year or more or whose employment isexpected to continue beyond one year, provided such employees areworking on a regular basis, twenty-one (21) hours per week or more.
• Other employees are not eligible to participate in the benefit plan.
Employees may be exempt from participation in the Dental Plan and theExtended Health Plan if they have similar coverage through their spouse’splan. Employees who feel they meet this criteria must complete a waivercard and submit it to the Human Resources Department for review.
25.02 Society Contributions to Life Insurance and Accidental Death Plan
The Society will provide Life Insurance benefits coverage in theamount of two (2) times annual salary. The Society’s contribution towardslife insurance and accidental death is fifty percent (50%) of the monthlypremium paid.
The Society has made available optional life insurance and accidentaldeath coverage for Employees covered under the basic plan. ShouldEmployees wish this coverage; the full premium will be deducted from theirpay.
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25.03 Long Term Disability
The Society will provide Long Term Disability Plan in accordance with pastpractice. The cost of this plan is paid by the Employee through payrolldeductions.
Temporary and contract employees are not eligible for long term disabilityinsurance.
25.04(a) Provision of Technical Aids
Employees and their dependents, as defined under the Income TaxAct, may purchase at cost, for personal use, any assistive devicesavailable through the Hearing Aid Program and CommunicationDevices Program. This will not apply to subsequent purchase ofaccessories such as batteries, cords, coils, carrying cases, etc., butinstead employees and their dependents shall be provided with atwenty percent (20%) discount on all purchases for their personaluse.
These discounts will only apply when other funding is not provided bya third party.
(b) Provisions of Technical Aids for Retirees
The Society will provide discounts for certain products to retireeswho retire at the age of sixty-five (65) or later and who, at the timeof retirement, have at least ten (10) years of service.
The discounts apply to products for which active employees areeligible to receive a discount.
These discounts will apply to retirees and their dependents and shallcease upon the death of the retiree.
25.05 Dental Plan
The Society will pay fifty percent (50%) of the monthly premium for a BasicDental Plan. To be eligible for the plan an Employee must have competedtheir probationary period.
Temporary and contract employees are not eligible for the dental plan.
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25.06 Information Booklets
The details of the benefits provided are outlined and explained further inthe Employee booklet, which is made available to all Employees in the planon mychs.chs.ca. PDF or printed copies will be made available toEmployees upon request.
25.07 Extended Health Plan
The Society will pay fifty percent (50%) of the monthly premium for anextended health plan.
ARTICLE 26 — HEALTH AND SAFETY
26.01 Working Conditions
The Society shall establish healthy and safe working conditions and shalltake all reasonable precautions to protect the health and safety of theEmployees.
26.02 Co-operation on Safety
The Society agrees to abide by the terms and conditions of the Health &Safety Act as described in current Provincial Legislation.
26.03 No Disciplinary Action
No Employee shall be disciplined for refusal to work on a job or to operateany equipment, which is unsafe. However, the Society may discipline ifthe employee continues to refuse to work after the decision has been madeby the Ministry of Labour that the conditions are safe.
26.04 Injury Pay Provisions
An Employee who is injured while working and is required to leave fortreatment or is sent home as a result of such injury shall receive paymentfor the remainder of the shift at the Employee’s regular rate of pay, withoutdeduction from sick leave, unless a doctor or nurse states that theEmployee is fit for further work on that shift. An Employee who hasreceived payment under this Section shall receive pay for time necessarilyspent for further medical treatment of the injury during regularly scheduledworking hours, subsequent to the day of the accident.
kdICQPE491
54
26.05 Transportation of Accident Victims
Transportation to the nearest physician or hospital for Employees requiringmedical care as a result of an accident, during the work day, shall be at theexpense of the Society.
26.06 Workplace Safety and Insurance Act Coverage
All employees shall be covered by the Workplace Safety and InsuranceAct (W.S.I.A). The parties are further subject to any orders or directives bythe WSIB in regard to coverage.
An employee who is absent due to a disability for which they are receivingbenefits under the Workplace Safety and Insurance Act (W.S.l.A.) shallcontinue to accumulate seniority. In addition, the Society shall continue topay its share of premiums for employee benefit plans (Group LifeInsurance, Extended health Care and Dental) for a period of up to one year,provided the employee pays their share of the premiums, to ensurecontinued coverage.
The parties recognize their joint obligations under the Workplace Safetyand Insurance Act and the Ontario Human Rights Code. No employee shallhave their employment terminated as a result of being absent from workwith a compensable accident, where such absence is less than three (3)years.
26.07 Grievance on Safety
An employee, or a group of employees, who is/are required to work underconditions which they believe are unsafe or unhealthy shall have the rightto file a grievance in Step 2 of the grievance procedure for preferredhandling. This does not preclude the employee’s right to refuse unsafework under the Ontario Occupational Health and Safety Act.
ARTICLE 27- TECHNOLOGICAL AND OTHER CHANGES
27.01 Definition of Technological Change
Technological change is defined as the introduction of any equipment ortechnology that either eliminates a job or changes an existing job to theextent that the incumbent in the position would need special training thatcould not be accomplished within their normal work flow.
kWOOPE491
55
27.02 Technological Change — Advance Notice
Three (3) months before the introduction of any technological or otherchanges or new methods or operation which affect the rights of Employees,conditions of employment, wage rates orworkloads, the Society shall notifythe Union of proposed changes.
27.03 Technological Change — Arbitration
If the Society and the Union fail to agree on the results of the change, thematter shall be referred to arbitration.
27.04 Technological Change — Transfer Arrangements
An employee who is displaced from the employee’s job by virtue oftechnological change or improvements will be given the opportunity to fillother vacancies according to seniority, skill, competence and efficiency.
27.05 Technological Change — Training Benefits
In the event that the Society should introduce new methods or machineswhich require new or greater skills than are possessed by Employeesunder the present method of operation, such Employees shall, at theexpense of the Society, be given a period of time not to exceed three (3)months during which they may be perfect or acquire the skills necessitatedby the new method of operations. There shall be no reduction in wage orsalary rates during the training period of such Employee and no reductionin pay upon being reclassified in the new position.
27.06 Society Required Training
When/if the Society implements any new standards, guidelines and/or jobrequirements for any position in the Bargaining Unit, the Society will ensurethat the opportunity for appropriate training is made available for current,permanent Employees to meet these new standards, guidelines and/or jobrequirements. Access needs of Deaf and hard of hearing employees willbe given priority. This shall be done without loss of pay, benefits andseniority. The Society shall establish reasonable time frames for eachEmployee to attain the new standards, guidelines and/or job requirements.Cost for tuition shall be reimbursed to the Employee upon successfulcompletion of the required training.
kdICDPE49l
56
ARTICLE 28 — GENERAL CONDITIONS
28.01 Proper Accommodation
Proper accommodation shall be provided for Employees to have theirmeals.
28.02 Bulletin Boards
The Society shall provide bulletin boards at each CHS office locationwhich shall be placed so that all Employees will have access to them andupon which the Union shall have the right to post notices of meetings andsuch other notices as may be of interest to the Employees.
28.03 Allowance for Tools
The Society shall supply all tools and equipment required by Employees inthe performance of their duties. Such tools will remain the property ofC.H.S.
28.04 Travel Rates
Travel rates paid to an Employee using their own automobile for theSociety’s business shall be $0.41 cents per km and will be increased inaccordance with Company Policy.
28.05 Meeting Facilities
In order that the Union can properly represent the employees inLabour/Management relations, the Society shall provide the Union, wherepossible, with facilities and technology on the premises for privatemeeting purposes. The Union must first request and receive prior approvalfrom the Director, Human Resources to use CHS facilities andequipment. Any associated costs will be paid by the Union.
28.06 Education on the Job
The Society recognizes that education is a continuing process.Accordingly, the Society shall allow the Union to sponsor educationfunctions such as seminars, workshops, lectures, etc., to be held on theSociety’s premises during employee lunch periods or following the regularwork day where possible.
kd/COPE491
57
28.07 Relocation Expenses
If an Employee agrees to accept a permanent transfer at the Society’srequest, from one region to another, the cost of moving his/her householdeffects up to a maximum for $2,000, shall be paid by the Society.
28.08 December Holiday Closure
The Society may deem it appropriate to close Society offices for atemporary period of time, up to ten (10) consecutive calendar days, duringthe December holiday season. Such period will include Christmas Day(December 25th), Boxing Day (December 26th) and New Year’s Day(January 15t). Any days during this period which are not statutory holidaysor the float holiday pursuant to Article 18.01 of this agreement will be takenas vacation, personal leave days or lieu time or as an unpaid leave ofabsence. The Society shall provide notice of their intent to the Union andstaff no later than October 1 st of that calendar year.
28.09 Temporary Closures
Notwithstanding the language in Article 28.08 the Society maintains it rightto lay-off employees for a temporary period for other reasons. Allprovisions under the Collective Agreement will apply. The Society willmeet with the Union to discuss ways to minimize any adverse effects.
28.10 Legal Fees
The Society shall pay all legal costs for any action initiated by a third partyagainst an Employee by virtue of the performance of the Employee’semployment duties provided that the employee conducted himself orherself lawfully and in accordance with hislher authority.
ARTICLE 29— JOB SECURITY
29.01 Present Conditions to Continue
All rights, benefits, privileges and working conditions shall continuein so far as they are consistent with this Agreement.
d/CCPE491
58
29.02 Amalgamation, Regionalization and Merger Protection
In the event the Society merges or amalgamates with any other body theSociety will make every effort to ensure that:
1. Employees shall be credited with all seniority rights with the newEmployer;
2. all service credits relating to vacation with pay, sick leave credits andall other benefits shall be recognized by the new employer;
3. all work and services presently performed by members of theCanadian Union of Public Employees shall continue to be performedby CUPE members with the new Employer;
4. conditions of employment and wage rates for the new Employer shallbe equal to the best provisions in effect with the merging Employers;
5. no Employee shall suffer a loss of employment as a result of themerger;
6. preference in location of employment in the location wherein themerger has taken place shall be on the basis of seniority.
29.03 Portability of Service Credits
When an employee of the Society transfers to another employer within theprovince, the Society shall try to transfer the employee’s pension, sickleave and other services credits to the new employer wheneverpossible.
29.04 Contracting Out
Should the Society decide to contract out work or services currentlyperformed by bargaining unit members that will result in layoffs, the Societywill provide the Union Executive with as much advance notice as possibleand in no case less than six (6) weeks. In consultation with the UnionExecutive and/or the CUPE National representative, all efforts will be madeto avoid layoffs.
ARTICLE 30— MULTI-SECTOR PENSION PLAN
As per the principles set out in Appendix 1 to the Collective Agreement, eligibleunionized Employees will be enrolled in the Multi-Sector Pension Plan (MSPP).
kWCOPE49I
59
ARTICLE 31 — TERM OF AGREEMENT
31.01 Term of Agreement
The Parties hereto agree that this Agreement shall be effective until March31, 2021 from year to year unless notice of desire to amend or terminatethe Agreement is given by either Party to the other Party, not more thanninety (90) or less than thirty (30) calendar days prior to the expiry date ofthe Agreement. If notice to amend or terminate the Agreement is given byeither Party, then the Parties agree to meet for the purpose of negotiationswithin thirty (30) days after such notice upon request to do so.
31.02 Notice of Change
Either Party wishing to propose changes to this Agreement shall, betweenthe period of thirty (30) and ninety (90) days prior to the termination date,give notice, in writing, to the other Party of the changes proposed.
31.03 Retroactivity
All changes in the new Agreement, which are of a compensation nature,shall be adjusted retroactively to the day following the expiry date of theexpired agreement unless otherwise specified.
31.04 Mutually Agreed Changes
Any mutually agreed changes to this Collective Agreement shall form partof this Collective Agreement and are subject to the grievance andarbitration procedure.
kW00PE491
60
Dated at Toronto, Ontario this
_______
day of 2018.
Signed on behalf of theCanadian Union of PublicEmployees and its Local 2073
Signed on behalf of theCanadian Hearing Society
kd/CCPE49I
61
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76
Appendix I — Multi-Sector Pension Plan
In this Article, the terms used shall have the meanings as described:
.01 Plan means a retirement vehicle as determined by the Union.
Applicable Wages: means the basic straight time wages for all hours workedand in addition:
i) the straight time component of hours worked on a holiday;
H) holiday pay, for the hours not worked; and
Hi) vacation pay; and
iv) sick pay paid directly by the Employer (but not short-term indemnitypayments paid by an insurer) which results in the Employee receivingfull payment for the hours missed due to illness. Applicable wagesinclude any sick pay which an Employee is permitted to receive in cashdespite not having been absent from the workplace; and
All other payments, premiums, allowances and similar payments areexcluded.
“Eligible employee” means full and part time employees in the bargaining unitwho have completed five hundred (500) hours of service.
.02 Each Eligible Employee covered by this collective agreement shall contributefor each pay period an amount equal to three percent (3%) of ApplicableWages to the Plan. The Employer shall contribute on behalf of each EligibleEmployee for each pay period, an amount equal to three percent (3%) ofapplicable Wages to the Plan.
Effective April 1, 2019, each ELigible Employee covered by this collectiveagreement shall contribute for each pay period an amount equal to fourpercent (4%) of Applicable Wages to the Plan. The Employer shall contributeon behalf of each Eligible Employee for each pay period, an amount equal tofour percent (4%) of applicable Wages to the Plan.
.03 The Employee and Employer contributions shall be remitted to the Plan bythe Employer within thirty (30) days after the end of the calendar month inwhich the pay period ends for which the contributions are attributable.
.04 The Union acknowledges and agrees that other than making its contributionsto the Plan as set out in this Article, the Employer shall not be obligated tocontribute towards the cost of benefits provided by the Plan or be responsiblefor providing such benefits.
kdICDPE491
77
The Union and the Employer acknowledge and agree that under the currentpension legislation, and/or regulations, the Employer has no requirement tofund any deficit in the Plan but is required to contribute only that amount asrequired by the collective agreement in force between the parties.
It is understood and agreed by the Employer and the Union that should thecurrent pension legislation or regulations be changed so that the Employers’obligation to contribute to the Plan exceeds the amount specified in thecollective agreement then in force, the parties will negotiate a method torelieve the Employer of this increased obligation to the extent that suchobligations exceed those which the Employer would have if the Plan were adefined contribution plan.
.05 The Employer agrees to provide to the Administrator of the Plan, on a timelybasis, all information required pursuant to the Pension Benefits Act R.S.0.1990. Ch. P-8, as amended, and the Income Tax Act (Canada) which theAdministrator may reasonably require in order to properly record and processpension contributions and pension benefits. If maintained by the Employer inelectronically readable form it shall be provided in such form to Plan if theAdministrator so requests.
For further specificity, the items required for each eligible Employee by Article23.05 of the Agreement include:
i) To be Provided Once Only At Plan Commencement
Date of HireDate of BirthDate of First ContributionSeniority List to include hours from date of hire to Employer’s fundentry date (for the purpose of calculating past service credit)Gender
H) To be Provided with Each Remittance
NameSocial Insurance NumberMonthly RemittancePensionable EarningsYear to Date ContributionsEmployer portion of arrears owing due to error, or late enrolment bythe Employer
kd!00PE491
78
Hi) To be Provided Initially and As Status Changes
Full AddressTermination Date Where Applicable (MM/DD/YY)Marital Status
iv) To be Provided annually but no later than December 1
Current complete address listing
In the event the Union determines the retirement vehicle to be a pension plan, theEmployer agrees to be bound by the terms of the Agreement and Declaration ofTrust and the rules and regulations of the Plan adopted by the Trustees of the Plan,both as may be amended from time to time. In addition, the Employer agrees toenter into a Participation Agreement, with the Trustees of the Plan in the form heretoas Schedule “B”.
:kd/CQP491
79
LETTER OF INTENT I — ACCESSIBLE COLLECTIVE AGREEMENT
LETTER OF INTENT #1
BETWEEN
THE CANADIAN HEARING SOCIETY
AND
THE CANADIAN UNION OF PUBLIC EMPLOYEESAND ITS
LOCAL 2073
Re: Accessible Collective Agreement
The Parties agree on the importance of a Collective Agreement being accessible toall Employees. The collective agreement will be made available to all memberson the CR5 internal website in the following languages: ASL, LSQ, French andEnglish.
The parties have a joint responsibility to maintain the collective agreement in ASLand LSQI with the cost to be shared equally between the parties.
Any time spent working on this committee by members of the bargaining unit outsideof their regularly scheduled working hours will be compensated at straight time, tobe taken as lieu time. Such lieu time will be scheduled by mutual agreement asclose to the week earned as possible, and within three (3) months from the day itwas earned.
In the event of a difference arising out of the language of the collective agreement,it is understood that the printed version with signatures of the parties will be theofficial version.
Rd/CQPE49I
80
LETTER OF INTENT 2— JOINT EMERGENCY PREPAREDNESSPLANNING COMMITTEE
LETTER OF INTENT
BETWEEN
THE CANADIAN HEARING SOCIETY
AND
THE CANADIAN UNION OF PUBLIC EMPLOYEESAND ITS
LOCAL 2073
Re: Joint Emergency Preparedness Planning Committee
The parties agree on the importance of Emergency Preparedness Planning as wellas organizational response and recovery in order to be able to continue to provideessential services to our consumers during an emergency.
Within 90 days of ratification, the parties agree to establish a Joint EPP committeeto make recommendations about the expectations and to clarify roles during adisaster. The committee shall consist of three (3) representatives from the unionand three (3) representatives from management.
It is understood that this Letter of Intent forms part of this agreement.
kd/COPE491
81
LETTER OF UNDERSTANDING #1 — IMPLEMENTATION OF SALARY GRID
LETTER OF UNDERSTANDING
BETWEEN
THE CANADIAN HEARING SOCIETY
AND
THE CANADIAN UNION OF PUBLIC EMPLOYEESAND ITS
LOCAL 2073
Salary Adjustments: All Employees
Effective • 1% lump sumApril 1, 2018
Effective . Employees to receive a step increase in accordance withOct. 1, 2018 Article 22.04 of the collective agreement.
• 0.5% increase on Grid
Effective . Employees to receive a step increase in accordance withApril 1, 2019 Article 22.04 of the collective agreement.
• 1% increase on Grid + 1% Pension for both Parties
Effective • Employees to receive a step increase in accordance withOct. 1, 2019 Article 22.04 of the collective agreement.
• 0.25% increase on Grid
Effective • Employees to receive a step increase in accordance withApril 1, 2020 Article 22.04 of the collective agreement.
• 1.5% increase on Grid
kd!CDPE4S1
82
LETTER OF UNDERSTANDING #2—ACCESS AND MANULIFE OR OTHERINSURANCE PROVIDERS
LETTER OF UNDERSTANDING
BETWEEN
THE CANADIAN HEARING SOCIETY
AND
THE CANADIAN UNION OF PUBLIC EMPLOYEESAND ITS
LOCAL 2073
The parties agree that should the Employer change insurance provider, theEmployer will provide education with respect to appropriate access for itsemployees, including, but not limited to the provision of ASL/LSQ interpretation andCART, as well as choice of communication of the employee. A representative of theUnion will be copied on any written material provided to Manulife in this regard.
kd/CDPE49I