FIRST COLLECTIVE AGREEMENT

Between

Native Child and Family Services of Toronto ("NCFST")

and

Communications, Energy and Paperworkers Union of Canada ("CEP")

May 10, 2010- Apri130, 2012

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TABLE OF CONTENTS

ARTICLE 1 PURPOSE

ARTICLE 2 USE OF TERMS & DEFINITIONS

ARTICLE 3 RECOGNITION

ARTICLE 4 RESPECT IN THE WORKPLACE

ARTICLE 5 MANAGEMENT RIGHTS

ARTICLE 6 UNION RIGHTS AND RECOGNITION

6.3 Correspondence 6.4 Bulletin Boards 6.8 Bargaining Unit Work 6.9 New Employees 6.1 0 Collective Agreement 6.11 CEP National Convention

ARTICLE 7 UNION DUES

ARTICLE 8 NCFST-CEP LABOUR RELATIONS

8.1 Labour Management Committee

ARTICLE 9 PERSONNEL RECORDS

ARTICLE 10 NO STRIKES/NO LOCKOUTS

ARTICLE 11 DISCHARGE AND DISCIPLINE

ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURES

ARTICLE 13 SENIORITY

13.6 Loss of Seniority

ARTICLE 14 LAYOFF AND RECALL

14.6 Recall

ARTICLE 15 HOURS OF WORK AND OVERTIME

15.13 Overtime Hours- Accrual and Payment

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ARTICLE 16 PROMOTION AND STAFF CHANGES

16.1 Job Postings 16.2 Promotions and Lateral Transfers 16.4 Trial Period 16.5 Information on Postings

ARTICLE 17 NATIVE EMPLOYEES- RETENTION AND PROMOTION

ARTICLE 18 TRAINING AND DEVELOPMENT

ARTICLE 19 PROFESSIONAL MEMBERSHIP

ARTICLE 20 LEAVES OF ABSENCE

20.2 Personal Leave 20.3 Sick Leave 20.4 Bereavement Leave 20.5 Maternity and Parental Leave 20.6 Court Appearances

ARTICLE 21 BENEFITS

ARTICLE 22 PENSION PLAN

ARTICLE 23 PAID HOLIDAYS

23 .3 Payment for Paid Holidays

ARTICLE24 VACATION

ARTICLE 25 EXPENSES

25.1 Transportation 25.3 Meal Allowance 25.4 Cellular Phones 25.5 Employee Photo Identification

ARTICLE 26 HEALTH AND SAFETY

26.1 Working Environment 26.2 Joint Health and Safety Committee (JHSC) 26.5 Education and Training 26.6 Workplace Hazardous Materials Information System (WHMIS)

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ARTICLE 27 NEW AND MODIFIED TECHNOLOGY

ARTICLE 28 WORK LOAD

ARTICLE 29 WAGE RATES AND CLASSIFICATIONS

ARTICLE 30 EFFECTIVE DATE AND DURATION

SCHEDULE "A"- ELDERS

1. Qualifications of an Elder 2. Selection and Role of the Elders 3. Process 4. Compensation

SCHEDULE "B"- WAGE GRID, JOB CLASS AND PAY GRADES

LETTER OF AGREEMENT FIRST CONTRACT NEGOTIATIONS

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PREAMBLE

Founded in April 1988, Native Child and Family Services of Toronto ("NCFST") was created in recognition of the 1985 amendment made to the Child and Family Services Act: "Indian and Native people should be entitled to provide, wherever possible, their own child and family services, and that all services to Indian and Native children and families should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family."

Mandated under the Child and Family Services Act, NCFST is Ontario's only full service off reserve child welfare related initiative, which integrates a holistic approach under the direct control and management of the Native community.

The vision, crafted through extensive community consultation and articulated through a council of Elders, is as follows:

"Native Child and Family Services of Toronto strives to provide a life of quality, well­being, caring and healing for our children and families in the Toronto Native Community. We do this by creating a service model that is culture based and respects the values ofNative people, the extended family and the right to self-determination."

To achieve its vision, NCFST has developed and integrated a continuum of culturally based services designed to compliment the strengths, values and traditions of the individuals, families and communities.

ARTICLE 1 PURPOSE

1.1 It is recognized that the Employer's vision is balance and well being for Native children, families and communities. The Employer embraces a holistic approach in the delivery of human services to compliment the strengths, values and traditions of Native children, families and communities. The Union recognizes the Employer's vision and its mandate to provide culturally based services.

The Union recognizes that in addition to other service commitments, the Employer has statutory obligations as a Children's Aid Society under the Child and Family Services Act and, obligations under the Day Nurseries Act, as well as obligations under other applicable legislation.

The general purpose of this Collective Agreement is to establish and maintain collective bargaining relations between the Employer and the Union, to ensure the continued delivery of high quality services to the Native children and families served by the Employer and its Employees through establishing and maintaining mutually satisfactory working conditions and wages for all Employees who are subject to the provisions of this Collective Agreement and to provide for the prompt and equitable disposition of grievances.

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The parties recognize that NCFST is a unique organization, which provides services to the native conununity. Through its various programs, Employees provide holistic professional assistance to families who need to access services. Therefore, labour management flexibility will be a key principle when dealing with work related matters and the parties agree that the long-term success of the Agency will depend on mutual co-operation and respect.

ARTICLE 2 USE OF TERMS & DEFINITIONS

2.1 (i) Masculine and Feminine The masculine or feminine gender may be used interchangeably throughout this Agreement. Whenever one gender is used it shall be construed as meaning the other if the facts or context so require.

(ii) Singular or Plural Wherever the singular is used the same shall be construed as meaning the plural ifthe facts or context so require.

(iii) Native Child and Family Services of Toronto (NCFST) and the use of "Employer" are one and the same.

(iv) Conununications, Energy and Paperworkers Union (CEP) and the use of "Union" are one and the same.

(v) "Day" unless otherwise specified shall exclude Saturday, Sunday or one of those holidays described in Article 23 of this Agreement, provided however, where applicable, "Day'' shall include any day worked in the provision of services.

(vi) "Employee" shall be defined as a bargaining unit Employee except as otherwise defined herein.

(vii) Wherever there is added emphasis in any sub-section of this Agreement it does not import or elevate special treatment of such provision.

(viii) "Native Employee" shall include all Employees who self identify as Native peoples and includes: Inuit, Metis, Status and Non-Status Indians who claim Aboriginal Heritage. It is understood and agreed between the parties that the Employer shall have full discretion to prioritize the hiring ofNative employees.

(ix) "Permanent Full-Time Employee" is defined as an employee who is employed in a permanent position and who is normally scheduled to work thirty-five (35) or more hours per week.

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(x) "Pennanent Part-Time Employee" is defined as an Employee who is employed in a permanent position and who is normally scheduled an average of one ( 1) to three (3) shifts per week.

(xi) "Casual Employee" is defined as an Employee who is not normally scheduled to work and/or who is called in on an as needed basis and/or whose employment may vary in length from day to day and/or week to week.

(xii) "Contract Employee" is defined as an Employee who is hired pursuant to a written contract.

(xiii) "Relief Worker Employee" is defined as an Employee who is hired by the Employer who is not normally scheduled to work and/or who is called in on an as needed basis and/or whose employment may vary in length from day to day and/or week to week.

ARTICLE 3 RECOGNITION

3.1 The Employer recognizes the Communications, Energy and Paperworkers Union of Canada, (CEP) as the exclusive bargaining agent of all Employees of Native Child and Family Services of Toronto ("NCFST") working in the City of Toronto, save and except supervisors and persons above the rank of supervisor, students, administrative assistants to Directors and Employees of the Human Resources Department.

Clarity Note: Employees may be required to travel outside Toronto to perform their duties.

(Recognition clause subject to change pending decision of Supreme Court of Canada- SCC Docket No. 32908)

ARTICLE 4 RESPECT IN THE WORKPLACE

4.1 The parties to this agreement recognize that all Employees have the right to work in an environment that supports the dignity and self-esteem of every individual.

4.2 NCFST and CEP agree to promote and support an environment that is free of harassment and discrimination.

4.3 The NCFST Human Resources Department shall, on an on-going basis ensure that management, supervisor and Employees at every level, are informed on Respect in the Workplace.

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ARTICLE 5 MANAGEMENT RIGHTS

5.1 The Union recognizes and acknowledges that all management rights and prerogatives, including but not limited to the right to manage the operation and direct the work force are vested exclusively in and shall remain solely with the Employer except as specifically limited by an express provision of this Collective Agreement.

5.2 The Union further recognizes the Employer's right to manage in accordance with its mandate to serve the needs of the Native children and families.

5.3 The Union recognizes the right and obligation of the Employer to operate in accordance with its service mandate, commitments and obligations including those to its community members and those imposed by all applicable Acts, directives, guidelines and protocols established by any governmental authority.

5.4 The Union recognizes that the Employer is a non-profit, culturally based and community governed Agency, publicly funded for the delivery of child and family services, with a mandate to serve the Native community in Toronto.

ARTICLE 6 UNION RIGHTS AND RECOGNITION

6.1 No Employee covered by this Agreement shall be required or permitted to make a written or verbal agreement with NCFST or its representatives, which may conflict with the terms of this Agreement.

6.2 NCFST and CEP agree that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any Employees for reason of membership or activity in the Union.

6.3 Correspondence

(i) NCFST agrees that all correspondence between the Employer and the Union relating to matters covered in the Collective Agreement shall be sent to the Local 2488 President or her designate with a copy to the CEP National Representative.

(ii) Any correspondence between NCFST and an Employee in the bargaining unit covered by this Collective Agreement, pertaining to the interpretation or application of any clause in the Agreement, shall be copied to the Local 2488 President or her designate with a copy to the CEP National Representative.

(iii) It is understood that correspondence may be in written or electronic form.

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6.4 Bulletin Boards

NCFST shall provide bulletin board facilities at all workplace locations for the exclusive use of CEP. The use of such bulletin board facilities shall be restricted to the affairs of the Union.

6.5 NCFST acknowledges the right of Local 2488 to elect or otherwise select an Executive Committee which includes Stewards, Negotiating Committee or their designates whose duties shall be to handle Local business and act as liaison between the Local and NCFST on any matters of concern to the parties.

6.6 Local2488 representatives shall have completed their probationary period prior to being elected or appointed.

6.7 CEP agrees to provide NCFST with a list of the Employees representing Local 2488 Executive including Stewards and National Representative.

Local Representatives conducting Local business related to NCFST, shall suffer no loss of pay. The employer shall charge back to the Union such pay.

6.8 Bargaining Unit Work

(i) Only members of the bargaining unit shall perform bargaining unit work. (ii) The Employer shall be entitled to contract out, as required, in order to

provide contract services.

6.9 New Employees

(i) NCFST shall notify new Employees that a Collective Agreement is in effect.

(ii) NCFST shall provide new Employees with a copy of the Agreement, Benefit Programs and a letter citing their rate of pay and classification. Employees shall execute all necessary hiring documentation including tax forms, confidentiality agreement, reference and police check consents and privacy waivers.

(iii) On commencement of employment, NCFST shall grant a Local 2488 representative the opportunity to meet with each Employee within regular working hours, without loss of pay, for a maximum of one (1) hour during the first week ofbecoming a member of the bargaining unit.

(iv) The probationary period for all Employees shall be six (6) months. Probationary periods may be extended at the discretion of the Agency.

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(v) The discharge, discipline, suspension, termination or layoff of a probationary Employee shall be at the sole discretion of the Employer and such discharge, discipline, suspension, termination or layoff of a probationary Employee cannot be grieved and shall not be subject to the grievance and arbitration provisions of this Collective Agreement or the Labour Relations Act and shall not constitute a difference between the parties to this Collective Agreement.

6.10 Collective Agreement

CEP and NCFST encourage every Employee to be familiar with the provisions of this Agreement and her rights and obligations under it. CEP will print sufficient copies of the Agreement for both parties, in booklet form in a CEP Union print shop within thirty (30) days of ratification. Any costs associated with the printing of the Agreement will be borne by the Union.

6.11 CEP National Convention

NCFST shall grant leave up to four (4) Employees, with pay to attend the CEP National Convention. CEP shall submit a written request to NCFST sixty (60) days in advance.

NCFST shall continue to pay these Employees their regular rate of pay. NCFST, in return shall invoice CEP Local2488 for reimbursement, which shall be paid by the Local Union within fifteen (15) days of receipt of the invoice. All other collective Agreement entitlements shall continue to apply to these Employees.

ARTICLE 7 UNION DUES

7.1 The parties hereto mutually agree that any Employee who has successfully completed her probationary period and is covered by this collective agreement will become a member of the Union.

7.2 The Employer agrees it will deduct a monthly sum equal to regular Union dues from each Employee in the bargaining unit and advise the Union of any new hires. CEP shall advise NCFST in writing of the amount of Union dues to be deducted. The employer agrees that it will remit the total amount of such deductions to the Union no later than the twenty-eighth (28th) day of each month following the month that deductions were made. The remittance will include the names of the Employees and the amounts deducted from each Employee.

7.3 It will be a condition of employment that all Employees shall sign an authorization form for the deduction ofUnion dues.

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7.4 The Union agrees to save the Employer harmless and to indemnify the Employer with respect to any claim made against the Employer by any Employee or any group of Employees arising out of the deduction of Union dues as herein provided.

ARTICLE 8 NCFST-CEP LABOUR RELATIONS

8.1 Labour Management Committee (LMC)

NCFST and CEP agree to establish a Labour Management Committee for the purpose of discussing matters of mutual concern. The LMC shall be made up of two (2) Local 2488 representatives and the CEP National Representative and up to three (3) Employer representatives. The LMC shall meet three times each calendar year, as required. Additional meetings or cancellation of such meetings shall be by mutual consent between the parties. The LMC may include an Elder in these meetings, to which she shall have an advisory function only and the Elder must be mutually agreed upon. Employees will not suffer a reduction in pay or any other Collective Agreement entitlements while attending such committee meetings.

8.2 NCFST agrees that access to its premises will be granted to Local 2488 representatives which includes the CEP National Representative when dealing or negotiating with NCFST, as well as for the purpose of investigating and assisting in the settlement of a grievance or other Union related business. Representatives of the Union shall notify the designated Employer's official in advance and shall not interfere with the operation of the department concerned. If available, the Employer will make available to Union Representatives, temporary use of an office or similar facility to facilitate the orderly and confidential investigation of grievances.

8.3 NCFST agrees to provide CEP the following information in January of each year, for each Employee, or as may reasonably be required by the Union:

(i) Name;

(ii) Address;

(iii) Gender;

(iv) Contact information (telephone, email etc.);

(v) Date of Hire (Seniority Date);

(vi) Classification and Department;

(vii) Employment status e.g. Full-Time or Part-Time; and

(viii) All wages.

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ARTICLE 9 PERSONNEL RECORDS

9.1 Employees shall have the opportunity to review their personnel records, to review any evaluations, formal discipline and other documents contained therein with twenty-four (24) hours notice.

(i) Employees shall have the right to challenge portions of their HR file when an error is found.

ARTICLE 10 NO STRIKES/NO LOCKOUTS

10.1 (i) There will be no strikes or lockouts as long as this agreement continues to operate.

(ii) Employees shall be required to continue to provide emergency services in the event of labour related work interruption.

ARTICLE 11 DISCHARGE AND DISCIPLINE

11.1 NCFST agrees that it will not discharge or discipline any Employee, except for just cause. At any meeting which may result in discipline or at which discipline is imposed, NCFST shall notify the Employee of their right to Union Representation and shall ensure such representation, unless the Employee objects.

11.2 In the case of a discharge, the Union may submit a grievance at Step 4 within five (5) days of the discharge.

11.3 NCFST agrees to provide the Employee, the National Representative and the Local 2488 representative with written notification of discharge or discipline, and the reasons for such measure, at the time it is issued.

11.4 The Employer has the right to ensure proper performance of its Employees, including the right to implement remedial discipline from time-to-time in instances of performance or behavioural issues. Failure of an Employee to satisfy the terms of such remedial discipline shall be conclusively deemed to be sufficient for discharge from employment and discharge shall be considered the specific penalty. Nothing in this provision deprives any employee of the grievance procedure.

11.5 The Employer has the right to discharge any Employee for just cause. Without limiting the generality of the foregoing, the following specified infractions and causes will be conclusively deemed to be sufficient for the discharge of any Employee, and discharge will be considered the specific penalty. Nothing in this provision deprives any Employee of the grievance procedure:

(a) abuse of a client, whether verbal, sexual or physical;

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(b) an intimate relationship with a client or parent or spouse of a client;

(c) consuming, using or possessing alcoholic beverages or drugs on the job, including reporting to work under the influence of alcohol or drugs;

(d) tampering, sabotage or destruction of the Employer's or client's property;

(e) conduct that puts a child or client at risk;

(f) theft or misappropriation of property of a client or of the Employer;

(g) making false entries and records;

(h) fraud;

(i) interference by an Employee with a child protection investigation by the Employer or any other Children's Aid Society;

(j) material failure to abide by the professional standards established by the Ministry with respect to child and family welfare;

(k) criminal activity;

(1) misrepresentation of skill, experience or professional accreditation;

(m) absence or loss of essential requisites of role for the proper execution of duties

ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURES

12.1 A grievance under the provisions of this collective Agreement is defined to be any difference between the parties to or Employees bound by this Collective Agreement concerning the interpretation, application, administration or alleged contravention of any of the provisions of this Collective Agreement.

12.2 A grievance shall be on a form approved by the Employer and the Union and shall be dated and signed by the Employee. Each grievance form shall contain one (1) grievance.

12.3 A grievance shall contain the date on which the alleged grievance occurred and a clear and concise statement of the nature of the grievance or alleged violation, the

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section(s) of this Collective Agreement alleged to have been violated, misapplied or misinterpreted and shall set forth the specific remedy sought.

12.4 A grievance shall be dealt with as follows:

Step 1 The Employee must first discuss the dispute with the Employee's immediate supervisor or appropriate designate within five (5) working days of the events giving rise to the grievance.

Step 2 If a settlement is not reached at Step 1, the grievance shall be submitted to the Employee's immediate supervisor within five (5) working days of receipt of the Step 1 decision. If the Employee wishes, she may be assisted by her Union representative. At this step, the grievance shall be in writing. The supervisor or her designate shall respond to the grievance in writing within five (5) working days of its receipt.

Step 3 If a settlement is not reached at Step 2, the grievance may be submitted by the Union to the Manager of Human Resources or appropriate designate within five (5) working days of receipt of the manager's Step 2 response. The Employer will respond in writing within five (5) working days from the date of the meeting.

~ If a settlement is not reached at Step 3, the grievance must be submitted by the Union to the Executive Director or appropriate designate within ten (1 0) working days of receipt of the Manager of Human Resources Step 3 response with a request for Step 4 meeting. Once a grievance is submitted a Step 4 meeting will be held with the Executive Director or appropriate designate and the CEP National Representative. This meeting will be held in a timely fashion but shall not be held more than thirty (30) calendar days from the Manager of Human Resources Step 3 response. The Employer will reply in writing within five (5) working days from the date of this meeting. Failing satisfactory resolution, absent agreement between parties to refer the grievance to Step 5, either party may refer the grievance to arbitration pursuant to this Article.

Ste.p 5 - Elders (i) In recognition of the unique nature of this workplace and the important

role Elders play in Native communities, the parties to this Collective Agreement shall be provided with the opportunity to benefit from the wisdom and guidance of an Elder in attempting to resolve workplace issues if a settlement is not reached at the conclusion of Step 4.

(ii) If a settlement of a grievance is not reached at the end of Step 4, either party may propose within ten (10) working days of receipt of the Step 4

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response to have the grievance heard by an Elder, provided however that the party receiving such proposal shall be free without repercussion to refuse such referral. The party making the request shall propose three (3) Elders, one of whom shall hear the grievance.

(iii) Where the parties agree to referral to an Elder, the parties agree that the hearing of the grievance by the elder shall take place within thirty (30) calendar days of the request, unless otherwise agreed by the parties. Recommendations made by the elder to resolve the grievance shall be in writing and are non-binding. Where the recommendations are unacceptable to either party, the grievance may then be referred to arbitration pursuant to this Article.

(iv) Elders shall be reimbursed for travel expenses and shall be paid a per diem honorarium to be paid equally by the Employer and the Union.

(v) The Employer and the Union agree to the terms of reference for the use of Elders set out in Schedule B to this Collective Agreement.

12.5 Policy Grievances

(i) Both parties shall have the right to submit a policy grievance arising from the application, interpretation or alleged violation of this Collective Agreement. A Union policy grievance shall not include any matter which an Employee is personally entitled to grieve or any matter that could otherwise be instituted as an individual grievance.

(ii) A Union policy grievance shall be submitted in writing at Step 3 within ten (10) working days of the events giving rise to the grievance. A Union policy grievance must be signed by an authorized officer of the Union.

(iii) An Employer policy grievance shall be submitted in writing by the manager of Human Resources or her designate within ten (1 0) working days of the events giving rise to the grievance, to the Unit Chairperson of the Local Union or her designate, with copy to the national Representative. Upon receipt of a grievance a meeting to be attended by at least two (2) member of the Local Union, the National Representative and Employer representatives will be scheduled by the Unit Chairperson of the Local Union. The Unit Chairperson of the Local Union will respond within five (5) working days from the date of the meeting. Failing satisfactory resolution, either party may refer the grievance to arbitration in accordance with this Article.

12.6 Where a grievance involves a number of Employees, it may be processed as a group grievance and submitted at Step 3 of the grievance procedure. Such grievance must be submitted within ten (10) working days of the events giving

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rise to the grievance. In addition to the information referred to in Article 13.3, a group grievance shall contain the names of the Employees on whose behalf the group grievance is being filed and the specific remedy sought for each Employee.

12.7 Failure by the Employer to meet time limits in processing a grievance shall permit the Union to take the grievance to the next step in accordance with the grievance procedure, provided the grievance is processed to the next step within five (5) working days of the expiration ofthe said time limit.

12.8 A Contract Employee shall have no right to grieve dismissal at the end of the contract period and the expiry of a contract shall not be, nor shall it be deemed to be a layoff.

12.9 Failing settlement of a grievance at Step 4 or Step 5, such grievances may be submitted to arbitration to be heard within ten (I 0) working days of either receipt of the Step 4 response or the expiry of the time limit for response by the Employer, or in the instance of a Step 5 procedure within ten (10) working days of the receipt of the written recommendations from the Elder, provided the grievance has been properly processed through the entire grievance procedure.

12.1 0 When either party requests that a grievance be referred to arbitration the request shall be made in writing addressed to the other party to this Collective Agreement. Such notice shall include a list ofup to three (3) names of proposed Arbitrators to act as a Single Arbitrator.

12.11 The recipient of the notice, shall within ten (10) days notify the other party of its acceptance of one of the proposed arbitrators to act as Single Arbitrator, or supply alternative names.

12.12 Where, within twenty (20) days ofreceipt of said notice identified in 13.11 above, if the parties are unable to agree to an Arbitrator, either party may apply to have an Arbitrator appointed. The party shall send a copy of the application to the other party and such party shall confirm receipt of the application.

12.13 The Arbitrator shall not have any power to alter or change any of the provisions of this collective Agreement, or to substitute any new provisions for any existing provisions for any existing provisions thereof, and in reaching its decision it shall be bound by the terms and provisions of this Agreement.

12.14 The parties shall share equally the expenses of the Arbitrator. Except as aforesaid, each party shall bear all expenses incurred by it whether of witnesses, the attendance of witnesses and Union Representatives (where applicable).

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ARTICLE 13 SENIORITY

13.1 Seniority for Regular Full-Time Employee shall mean length of continuous service since the Employee's original date of hire. When a Regular Full-Time Employee has completed the probationary period the Employee shall be credited with accrued seniority from the Employee's original date of hire as a Regular Full-Time or Regular Part-Time Employee provided there has been no break in employment unless otherwise specified.

13.2 Seniority for Regular Part-Time Employees shall mean length of continuous service and will accumulate on a prorated basis as follows:

(i) One thousand eight hundred and twenty (1820) hours worked in the bargaining unit as of the original date of hire, which is equivalent to one (1) year's seniority for jobs that are scheduled thirty-five (35) hours per week; or

(ii) Two thousand and eighty (2080) hours worked in the bargaining unit as of the original date of hire, which is equivalent to one (1) year's seniority for jobs that are scheduled forty ( 40) hours per week.

13.3 Upon signing of this Collective Agreement and annually thereafter, unless otherwise provided for in the Collective Agreement, NCFST shall post and send copies to the National Representative and Local 2488 Executive an updated seniority list for:

(i) Regular Full-Time; and

(ii) Regular Part-Time.

13.4 In the event an Employee disagrees with their seniority date i.e. their original date of hire, they shall notify NCFST in writing of their concern.

13.5 Where two (2) or more Employees have the same seniority date, the Employee whose job application has the earliest date and time stamped will be considered to be the senior Employee.

13.6 Loss of Seniority

An Employee shall lose seniority only in the event that:

(i) She is discharged for just cause;

(ii) She resigns;

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(iii) She is on layoff for more than one (1) year;

(iv) Upon being notified by NCFST by registered mail at her last known address that she is recalled from layoff, she fails to contact NCFST with her acceptance of recall within five (5) days of receipt of the recall notice.

(v) The Employee does not return to work upon the expiration of an authorized leave of absence, unless she is unable to do so as a result of sickness or for other reasonable cause; or

(vi) The Employee is promoted to an excluded position and does not return to the bargaining unit within six (6) months. When an Employee accepts a promotion to an excluded position she shall have the right to return to the bargaining unit position at any time within the six (6) month period following the promotion. In the event the Employee returns to the bargaining unit within the six (6) month period it shall be to the position previously held or comparable, and shall not be less than her previous rate of pay.

ARTICLE 14 LAYOFF AND RECALL

14.1 "Layoff' is:

(i) A cessation or a reduction of the amount of work normally required to be done by NCFST within a classification; or

(ii) A reduction in hours of work greater than four (4) hours per week from the Employee's scheduled hours, or that results in the elimination of health and welfare benefits, or that results in a change in the Employee's classification.

14.2 NCFST shall notify Local 2488 and the CEP National Representative in writing twenty (20) days prior to an impending layoff. Such notice shall include the relevant information regarding the reasons for layoff.

14.3 The parties shall meet within ten (10) days ofCEP receiving said notice to discuss possible alternatives to layoffs.

14.4 If no alternatives are found, prior to implementing layoffs it is agreed that NCFST will first seek volunteers from the affected classification(s).

14.5 Where a layoff becomes necessary the following shall apply:

(i) Probationary, Temporary and Contract Employees in the affected classification shall be laid off prior to any Regular Employee being laid off.

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(ii) NCFST shall provide Employees with a notice of layoff as follows:

(a) Ten (10) weeks written notice of layoff for Employees with less than ten (10) years;

(b) Fifteen (15) weeks written notice of layoff for Employees with greater than ten (1 0) years; and

(c) Where such notice is not given, Employees will be provided regular pay for all or any portion of the period of notice if the Employee is not required to work.

(iii) NCFST shall provide laid off Employees with Extended Health Benefits, excluding LTD during the first three (3) months of layoff, or until the Employee is eligible for benefits with a new Employer, whichever shall occur first.

(iv) Employees shall be laid off in the affected classification(s), in reverse order of seniority.

(v) The laid off Employee can choose:

(a) To be placed on the recall list with no loss of seniority; or

(b) Bump any Employee with less seniority if she is able to perform the work after a familiarization period of up to fifteen (15) days, if necessary.

(c) Employees must exercise their bumping rights within seven (7) days of receiving a notice oflayoffby providing written notice to NCFST.

(d) An Employee who bumps into a lower classification shall not be paid less than the top pay grade for that classification.

(e) Subsequent Employees affected by bumping may choose to bump the least senior in accordance with the above.

(vi) It is understood that Employees shall continue to accrue seniority while on layoff.

(vii) NCFST shall provide Local 2488 and the National Representative with a list of the Employees affected by the layoff.

(viii) New Employees shall not be hired into a classification until those Employees with recall rights have been given the opportunity of recall.

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(ix) For purposes of this Article, it shall be the Employee's responsibility to keep NCFST advised ofher current address and contact information.

14.6 Recall

(i) An Employee who has bumped into a lower classification in accordance with this Article shall retain first recall rights to the Employee's previous classification when a vacancy occurs therein.

(ii) Employees shall then be recalled to available work in order of their seniority provided they are able to perform the work. The Employee shall be entitled to a fifteen ( 15) day familiarization period if requested.

(iii) NCFST shall send recall notices to Employees by registered mail, with a copy to Local 2488 and the National Representative. Employees shall have fourteen (14) days to respond in writing to NCFST of their acceptance or refusal. Failure to respond within fourteen (14) days will result in the Employee being removed from the recall list. A Full-Time Employee may refuse part-time work without her recall rights being affected.

(iv) The recall period shall be two (2) years.

14.7 Grievances concerning layoffs and recalls may be initiated at Step 3 of the grievance procedure.

ARTICLE 15 HOURS OF WORK AND OVERTIME

15.1 The following provisions are intended to describe the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week or days of work per week.

15.2 Normal work week hours shall be from 9 a.m. to 5 p.m. Monday to Friday.

15.3 Hours of operation will be determined by the Employer on a program by program basis and may be changed from time to time by the Employer to meet client needs and operational requirements. The Employer may determine such variable work schedules at each facility and/or in each program as is necessary to accommodate the services provided. If an Employee's regular hours of work are changed the Employer will attempt to advise the Union two (2) weeks prior to the change taking effect. Regular hours of work will not be changed except for business reasons.

15.4 Employees are required to work flexible hours when the Employer determines that flexible hours are required to meet client and operational needs.

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15.5 Permanent full-time Employees are normally scheduled to work thirty-five (35) hours per week with a one (1) hour unpaid lunch break per day which may be taken off site.

15.6 Employees are entitled to a paid fifteen (15) minute rest period in each completed half shift, unless otherwise provided.

15.7 Permanent full-time Employees who are residential workers are normally scheduled to work an average of thirty-five (35) hours per week may be required to work shifts of varying duration to meet the needs of the Employer and are required to remain on site during the entire shift.

15.8 Permanent part-time Employees are normally scheduled to work a minimum of seven (7) hours and less than twenty-five (25) hours per week on a schedule the Employer determines meets client and operational needs.

15.9 It is agreed between the parties that in individual cases starting and finishing times which deviate from Employee's normal hours of work shall be determined following consultation by the Employer with the Employee but such determination is within the management rights of the Employer.

15.10 Each of the following programs or services will have a group of relief workers who will provide casual relief for that program or service:

• Transitional Housing • Aboriginal Head Start and/or Licensed Daycare Facilities

Relief workers shall be called in to do work for the programs or services for which they are qualified and/or on a rotational basis whenever possible.

15.11 Contract Employees shall work the hours of work for the position and location for which they are hired.

15.12 A Supervisor must approve hours in excess of the normal work week, except in the case of an emergency or when there is a requirement to complete an unexpected service responsibility. Where additional hours are worked in these situations, a Supervisor is to be advised as soon as possible in writing.

15.13 Overtime Hours - Accrual and Payment

(i) Hours worked in excess of forty-four (44) hours per week are Overtime Hours.

(ii) Full-Time Regular Employees shall have the option of accruing Overtime Hours (hours over 35 i.e. 36-44) in a "Time in Lieu" Hour Bank or having them dealt with as follows:

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(a) A Full-Time Regular Employee will accrue Overtime Hours in a "Time in Lieu" Hour Bank at a rate of one hour for each Overtime Hour worked.

(b) An Employee's "Time in Lieu" Hour Bank shall not exceed a total of forty ( 40) hours at any one time.

(c) When an Employee's "Time in Lieu" Hour Bank reaches thirty-five (35) hours, the Supervisor and Employee will schedule time off to reduce the "Time in Lieu" Hour Bank.

(d) When an Employee's "Time in Lieu" Hour Bank reaches forty (40) hours, a Director must approve any additional Overtime Hours.

(e) When an Employee's "Time in Lieu" Hour Bank reaches forty (40) hours, each Overtime Hour worked thereafter shall be paid out with the Executive Director's approval.

(f) Scheduling "Time in Lieu" shall be by mutual consent between NCFST and the Employee, and requests by an Employee to use their "Time in Lieu" Hour Bank shall not be unreasonably denied.

15.14 Temporary, Contract and Part-Time Employees shall be compensated for overtime hours worked on an hour for hour basis for all hours worked up to forty four (44) hours per week. Any hours worked beyond forty four (44) hours per week will be compensated at one and one half (1 Yl) times their normal hourly rate. They are not entitled to accrual of"Time in Lieu".

ARTICLE 16 PROMOTION AND STAFF CHANGES

16.1 Job Postings

(i) A new or vacant permanent full-time or permanent part-time, position will be posted by email throughout the organization.

(ii) Internal vacancies shall be posted for a period of either five (5) and external vacancies shall be posted for a period of ten (1 0) days. Employees bidding on job vacancies must apply in writing to the Human Resources Department no later than the deadline outlined on the job posting. It is understood that such applications may be sent electronically, by facsimile, by post or hand delivered.

(iii) Employees must have successfully completed their probationary period in their current position prior to applying for a posting.

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(iv) NCFST shall only consider external applicants where there are no qualified internal applicants, including Contract and Relief Employees.

(v) The applicant with the most seniority and requisite qualifications and ability to perform the job shall be awarded the Promotion or Transfer.

16.2 Promotion and Lateral Transfers

(i) The transfer of an Employee outside a classification and/or to a higher classification shall be deemed to be a promotion.

(ii) The transfer of an Employee where her duties for the position remain substantially the same and within the job classification shall be deemed to be a lateral transfer.

(iii) For promotions and lateral transfers, the internal applicant with the most seniority and with the requisite qualifications and abilities will be awarded the position. Where there are no qualified internal applicants NCFST may then seek an external candidate.

16.3 An Employee who is promoted to a higher job classification shall be paid according to the appropriate salary range.

16.4 Trial Period

(i) All promotions and postings are subject to a three (3) month trial period to confirm suitability of the Employee as evaluated by the Employer. The trial period may be extended with mutual consent between NCFST and CEP National Representative. Requests for such extensions must be sent in writing to the National Representative with a copy to the Local 2488 Executive.

(ii) It is understood that the Employee has the right to return to the position they held prior to the promotion or posting without loss of seniority or wages.

16.6 Information on Postings

(i) Postings shall contain the following information: the nature of the position, classification and/or job title, hours per week, current salary range, location, and a brief description of the duties and responsibilities, the required qualifications and abilities, closing date and where applications are to be sent.

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ARTICLE 17 NATIVE EMPLOYEES- RETENTION AND PROMOTION

17.1 In an effort to enable the Employer to both satisfy its commitment to the Native community it services and carry out its mandate to provide culturally based services whenever possible, this Article shall apply notwithstanding any other provision(s) of this Collective Agreement.

17.2 It is agreed that when the employer is making determinations under this Collective Agreement in which an employee's qualifications' are taken into account, an employee's "native experience" is a valid factor to be considered under "qualifications". "Native experience" includes an individual's cultural and experiential knowledge of native culture, practices, customs, beliefs and way of life based upon the individual's own culture, upbringing, education or other experience through which they gained or were exposed to native ways ofliving."

ARTICLE 18 TRAINING AND DEVELOPMENT

18.1 Mandatory training that an Employee must have in order to carry out her job duties, shall be fully paid for by NCFST. Employee's attendance will be arranged during their regularly scheduled hours of work, where possible.

18.2 An Employee may be granted leave without pay to attend an accredited post­secondary institute to acquire skills necessary to enhance their work opportunities atNCFST.

ARTICLE 19 PROFESSIONAL MEMBERSHIP

19.1 As part of a positions requirement, NCFST may require the incumbent(s) to be a member of a designated professional organization.

19.2 Where membership is a mandatory job requirement the Agency will reimburse the Employee for the cost of membership.

19.3 As a condition for reimbursement the Employee requesting reimbursement must provide satisfactory proof of membership inn good standing along with proof of payment.

19.4 Requests for reimbursements require authorization of the Employee's immediate Supervisor and Human Resources approval.

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ARTICLE20 LEAVES OF ABSENCE

20.1 A leave of absence shall normally be pre-authorized by the Employee's Director and approved by the Human Resources Department. An Employees requesting a leave must complete a Request for Leave Form.

20.2 Personal Leave

NCFST agrees to grant a leave of absence for personal needs without loss of pay for time lost from regularly scheduled hours of work up to a maximum of four (4) working days per calendar year to all Regular Full-Time Employees who have completed their probationary period subject to the following provisions:

(i) Employees requesting such leave will give notice as soon as is practical.

(ii) Employees may take personal emergency leave in part days, or full days.

(iii) Personal days shall be accrued one each per quarter (every three (3) months).

(iv) Personal days may not be carried over into the next calendar year.

20.3 Sick Leave

(i) Paid sick leave refers to any period of time when a permanent full-time Employee is permitted to be absent from work with pay in accordance with this Article due to illness or accident rendering the Employee unable to perform the Employee's regular or modified duties. An Employee who qualifies for Workplace Safety and Insurance Board benefits is not entitled to collect paid sick leave benefits.

(ii) Unpaid sick leave refers to any period of time when an Employee is permitted to be absent from work without pay in accordance with this Article due to illness or accident rendering the Employee unable to perform the Employee's regular or modified duties.

(iii) Paid sick leave credits will be earned by permanent full-time Employees who regularly work 35 hours per week at the accrual rate of one and a half days (1.5) days per month of active employment, to a maximum of eighteen (18) incidental days per calendar year.

(iv) An Employee who is unable to report for work due to illness or disability shall notify her manager or the manager's designate at least two (2) hours prior to the time she was to report for work, wherever possible.

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(v) An Employee will not be entitled to use paid sick leave: (a) during a period oflayoff; (b) during a period when the Employee is entitled to Workplace Safety

and Insurance Board benefits; (c) during a period ofleave of absence with or without pay; (d) for any day the Employee was not scheduled to work; (e) during a vacation period; (f) during a suspension without pay; or (g) while on strike or locked out.

(vi) The Employer may require a Medical Certificate from a licensed medical physician, in order to support an absence. Additionally, the Employer reserves the right to have the disabled Employee examined by a doctor chosen by the Employer in order to support validity of leave.

(vii) Any Medical Certificate required by the Employer will be paid for by the Employer.

(viii) Any absence due to non-occupational illness that is in excess of five (5) working days or leaves from the first day in case of accidents must be submitted to NCFST's Extended Sick Leave Plan (ESLP).

(ix) The sick leave year shall be calendar-based.

(x) Any unused sick leave days will be deposited into the Extended Sick Leave Plan (ESLP) on January 151 to a maximum of ninety (90) days.

(xi) Extended Sick Leave Plan (ESLP) - the plan provides salary continuance for eligible Employees when unable to work due to non-occupational injury or illness.

(xii) If the Employee has not accrued sufficient time in their ESLP, they will be issued a Record of Employment "ROE" and may apply for EI benefits.

(xiii) Any time that an Employee withdraws time from the ESLP is paid at their current rate of pay for the absence.

20.4 Bereavement Leave

(i) All regular and contract full-time employees are eligible for this leave.

(ii) The employee's supervisor shall grant the appropriate number of days leave at an employee's regular rate of pay, based on the following:

1. A bereavement leave of up to five (5) working days for a spouse/partner, parent, child, brother, sister, grandparents, mother-

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in-law, father-in-law, brother-in-law, sister-in-law, person "in loco parentis", stepchild, step-parent, step-brother, step-sister; and

n. One (1) day for fellow employee, client or other person at the discretion of the Supervisor.

(iii) Paid leave of absence in respect of bereavement shall only be allowed for days on which the employee had been scheduled to work.

(iv) Bereavement leave may also be granted within section 20.2 (Personal Paid Absence) above.

20.5 Maternity and Parental Leave

Employees shall be entitled to statutory leave in accordance with Employment Standards Act regarding leave arising from the birth or adoption of a child as defined in that legislation, and in accordance with the provisions of such leave under the Act.

(i) During Maternity and Parental Leave seniority for all purposes shall continue to accrue.

(ii) Reinstatement

Recognizing that NCFST exists to serve its clients and that service must be provided with as much continuity as possible, Employees will be asked to advise NCFST, in writing, whether they intend to return to work on the expiration of the above said leaves or not. For Employees who have advised NCFST that they do not intend to return to work following such leaves, Extended Health Benefits, (excluding LTD), and insurance coverage shall continue for the duration of their leave.

Following such notification, should the Employee change her mind about not returning, she must notify NCFST within five (5) days in writing.

20.6 Court Appearances

(i) All Regular and Contract Full-Time Employees are eligible for this leave.

(ii) Any Employee who has been summoned to jury duty, or subpoenaed as a witness on days when the Employee would otherwise have been scheduled to work, shall be excused for such leave.

(iii) NCFST shall protect an eligible Employee from loss of wages when the Employee is subpoenaed by the Courts in a proceeding to which she is not

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a party. The Employee shall be paid by NCFST, for the part of each day when the service has been rendered, on the basis of the Employee's basic rate of pay, less the amount paid to the Employee by the public authorities for such service.

ARTICLE 21 BENEFITS

21.1 The Employer's obligation shall be limited to the payment of the insurance premiums provided for herein and does not include responsibility or liability for the provision of such coverage, which remains the responsibility and liability of the contracted provider of such service.

21.2 The terms and conditions of the Benefits herein are those described and referenced in Policy number 67015. The terms and conditions of which are attached by reference. It is understood and agreed that the employer provides payment for such benefits and is not the insurer of such terms and conditions of benefit.

21.3 An Employee who is Status Indian shall apply for, and receive, all Benefit coverage available from the Federal Non-Insured Health Benefit programs of Health Canada. Such coverage shall prevail over any Employer provided coverage.

ARTICLE 22 PENSION PLAN

22.1 NCFST participates in a Pension Plan under the provisions of the Ontario Municipal Employees Retirement System (OMERS).

22.2 Regular Full-Time Employees hired prior to September 1, 2005 shall have the option of participating in OMERS Pension Plan subject to the OMERS Act (the Act) and Regulations.

22.3 Regular Full-Time Employees hired after September 1, 2005 shall participate in the OMERS Pension Plan as a condition of employment.

22.4 Employees participating in OMERS Pension Plan shall contribute payments to OMERS as required by the Act through payroll deductions. The Employer shall contribute a matching amount accordingly.

ARTICLE 23 PAID HOLIDAYS

23.1 The following shall be recognized as paid holidays for Regular Full-Time Employees:

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New Year's Day Good Friday Victoria Day Canada Day Labour Day Christmas Day

Family Day Easter Monday Aboriginal Day Civic Holiday Thanksgiving Day Boxing Day

23.2 When any of the said holidays fall on other than a regular working day, then the Agency shall designate either the preceding Friday or the following Monday or in the case where the Full Time Employees' regular days off are other than Saturday and Sunday, the day immediately preceding or the day immediately following the scheduled days off as the day upon which the said holiday shall be celebrated.

23.3 Payment for Paid Holidays

(i) Where the Regular Full-Time Employee is not required to work on a paid holiday, the said holiday shall be paid at her regular rate of pay.

(ii) Where the Regular Full-Time Employee is required to work on a paid holiday she shall be paid her regular rate of pay multiplied by one and one half (1 112) times the hours worked and be given a one (1) day paid holiday at a date mutually agreed upon between the Employer and Employee, such requests will not unreasonably denied.

23.4 In order to qualify for premium pay for the holiday concerned, the Employee must work their regularly scheduled day of work prior to and following the holiday unless absent for all or part of such days for reason of illness or specified otherwise.

ARTICLE24 VACATION

24.1 Employee vacation entitlement shall be based on the calendar year commencing January 1st to December 31st.

24.2 Preferences in the selection and allocation of vacation time shall be determined on the basis of seniority within each classification and their assigned teams, if applicable.

24.3.1 In the first year of service, vacation time for Regular Full-Time, Employees shall be prorated based on twenty (20) days.

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Consecutive Entitlement Full-Time Part-Time, Temporary Years of Service Maximum and Contract percent

Annual of pay on each gross Entitlement salary payment

0 to end of 5 1.667 days per month 20 days 10 days unpaid + 4% years Beginning of the 20 days + 1 day for 30 days 10 days unpaid + 4% 6th year to end of each year of service the 19th year over 5 y_ears From the 30 days+ 5 days 35 days 10 days unpaid + 4% beginning of the 20th y_ear

NOTE: Where paid vacation entitlement is applicable to a work day other than seven (7) hours or a work week other than five (5) days per week- paid vacation entitlement shall be pro-rated accordingly.

24.4 Vacation for Aboriginal Head Start staff who generally work forty-seven weeks in a year shall receive vacation entitlement pro-rated to the number of weeks worked each year.

24.5 All Employees are required to use vacation in the calendar year in which it is earned. Notwithstanding this, Employees are permitted to carry over a maximum of ten (1 0) days vacation into the first quarter of the following year following which the Employee will meet with her supervisor to plan when those days will be used. In the event carry over vacation is not taken as a result of meeting operational requirements, the vacation shall be paid out.

24.6 An Employee who is hospitalized or develops an illness while on vacation and is under a doctor's care, shall be entitled to have the period treated as sick leave and the vacation days reinstated.

24.7 Vacation Schedules Once vacation is approved it may not be changed, other than in cases of illness, emergency, or by mutual agreement between the Employee and NCFST.

24.8 Upon termination, an Employee is entitled to receive full pay at the Employee's current rate for each full day of vacation earned but not taken, including accumulation for the final month of employment, which shall be prorated accordingly.

ARTICLE25EXPENSES

25.1 Transportation

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It is recognized that a number of employees covered by this Collective Agreement are required as a normal part of their duties and responsibilities to operate motor vehicles. Employees who use their own vehicle will be compensated at forty-two ($.42) cents per km. In all other respects the existing policy will prevail.

25.2 When either air or rail is the most practical and economical mode to travel, such arrangements shall be made upon approval by the Executive Director.

25.3 Meal Allowance

NCFST will pay the following meal allowances when an Employee is required to work or travel outside of the Employee's assigned work location:

Lunch I $10.00

$12.00 I Breakfast

Dinner $20.00

25.4 Cellular Phones

If an Employee is working in a position that is approved as a position that requires a work cellular phone, NCFST shall pay a monthly rate of thirty-five ($35.00) dollars to Employees who use their cellular phone for work related business.

25.5 Employee Photo Identification Card

All Employees who perform all or part of their job duties outside of the Agency's offices and have regular contact with clients in homes, work sites, and other establishments shall be provided with an Employee Photo Identification card by NCFST.

ARTICLE 26 HEALTH AND SAFETY

26.1 Working Environment

NCFST is vitally interested in the health and safety of its Employees. Protecting its Employees from accidental injury and occupational disease is a major continuing objective. NCFST will make every effort to promote and provide a safe and healthy work environment and work practices. All Employees ofNCFST must be dedicated to the continuing objective of reducing risk of accidental injury and occupational disease.

NCFST, as the Employer, is ultimately responsible for worker health and safety and will ensure that every reasonable precaution will be taken for the protection of all Employees.

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It is in the best interest of all parties to consider health and safety in every activity. Commitment to health and safety must form an integral part of this organization.

NCFST agrees that a safe and clean working envirorunent is essential in order to carry out work assigrunents in a satisfactory manner. NCFST commits to investigate the use of envirorunentally safe products.

It will be the Employer's responsibility to ensure that all working areas and Employer provided vehicles are maintained in a safe and clean condition.

26.2 Joint Health and Safety Committee (JHSC)

(i) NCFST and CEP shall establish, within sixty (60) days of ratification of this Collective Agreement a JHSC. It is agreed that such Committee will be composed of an equal number of Supervisors and Bargaining Unit Members, the minimum of which shall be three (3) each.

(ii) Each designated work site shall have a Health and Safety representative.

(iii) Bargaining Unit members shall determine the Union representatives for the committee and designated work site. Additionally, one (1) Regional Vice-President of the Union, or their designate and one (1) other representative of the Employer or his or her designate may attend the deliberations of the Committee as "ex officio" members.

(iv) The JHSC shall meet at least quarterly, or as required and is responsible for establishing its own rules and procedures.

(v) JHSC's goal will be to address any potential or actual hazards associated with health and safety of all individuals in the workplace.

(vi) In cases of accidents or near accidents, Employees must report these situations immediately to their Supervisor. The Supervisor is responsible for ensuring the proper medical attention for the injured Employee, securing the area, and completing a WSIB Form 7. Furthermore, such situations shall be forwarded to the Joint Health and Safety Committee for review, analysis and the appropriate actions.

(vii) Bargaining Unit members shall not suffer any loss of pay as a result of participation in this Committee.

26.3 NCFST shall provide Employees with any safety clothing and necessary equipment or materials as required.

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26.4 All Employees shall receive an orientation session from their Supervisor. This session will cover job hazards, safe operating procedures, and protective equipment where applicable. Each Employee shall receive an individual Health and Safety Manual, during orientation.

26.5 Education and Training

(i) Methods used to achieve safety awareness will include:

(a) Attendance by workers at courses that are relevant to safety and the job;

(b) Discussions and visits from authorities (Ministry of Labour, Workers' Safety and Insurance Board and Ontario's Safety Associations) to generate discussions on aspects of safety and provide information;

(c) Use of safety posters in conspicuous locations;

(d) Films for education and a source of information;

(e) Questionnaire feedback to assist in identifying conditions for improvement;

(f) Safety related articles and e-mails.

26.6 Workplace Hazardous Materials Information System (WHMIS)

In order to prevent and reduce accidents and health hazards from dangerous materials, all Supervisors will be required to ensure Material Safety Data Sheets (MSDS) are available to Employees for all hazardous materials used into the workplace. Furthermore, all hazardous materials used in the workplace have a WHMIS label clearly outlining the risks and safe handling procedures and that Employees are properly trained in the use of hazardous material.

ARTICLE 27 NEW AND MODIFIED TECHNOLOGY

27.1 The following principles shall apply:

(i) When NCFST introduces new or modified technology that requires training, Regular Employees shall be trained first and in the order of seniority within the working area affected by the technology.

(ii) All training activities related to new or modified technology shall be done at the expense and on the time of the employer without reduction in salary

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or impairment of benefit or any other expense as provided for in this Collective Agreement.

ARTICLE 28 WORKLOAD

28.1 NCFST recognizes that the issue of workload is a serious concern to bargaining unit members, as it is to the Employer. As such NCFST and CEP acknowledge that workload can fluctuate, and should be reviewed on an ongoing basis with the goal of fair, reasonable and equitable distribution ofworkload.

28.2 NCFST undertakes to utilize a variety of methods in an ongoing effort to effective manage workload demands. This may include, but will not be limited to:

(i) Considering the safety, health and well-being of its Employees when assigning work;

(ii) Providing ongoing supervision as required

(iii) Ensuring that there is no unreasonable workload imposed on an Employee. Cases will be assigned equitably taking into account skill level and experience.

(iv) Ensuring that Employees vacating any positions are provided reasonable opportunity to complete documentation requirements;

(v) Supervisors shall ensure appropriate coverage for, but not limited to: access visits, client visits, plan of care meetings, court appearances, required home visits, back-up days, and other absences.

28.3 In order to meet the service needs and legislative requirements, Employees shall notify their Supervisor of any assistance required in order to ensure work completion, so that the proper steps can be taken to provide assistance.

ARTICLE29

WAGE RATES AND CLASSIFICATIONS

29.1 The wage grids and classifications for permanent full-time and permanent part­time Employees are attached hereto as Wage Schedules B and form part of this Collective Agreement.

29.2 Placement of a permanent full-time or permanent part-time Employee on the appropriate wage grid at the time of hire is solely within the discretion of the Employer.

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29.3 A permanent full-time Employee will progress from one step to the next step on the appropriate wage grid after twelve (12) months of active employment in the Employee's current classification or in any classification to which the Employee is subsequently temporarily transferred until the Employee reaches the maximum step on the appropriate grid.

29.4 A pennanent part-time Employee will progress from one step to the next step on the appropriate wage grid after each (one thousand eight hundred and twenty) 1820 hours worked in the Employee's current classification or in any classification to which the Employee is subsequently temporarily transferred until the Employee reaches the maximum step on the appropriate wage grid.

29.5 Contract Employees will be paid in accordance with the terms and conditions of their individual funding contracts, which shall be incorporated by reference as necessary.

29.6 The Employer shall have the sole discretion to determine the appropriate rate of pay for contract Employees' in accordance with the express terms of that contract.

29.7 The Employer shall pay Employees by direct deposit bi-weekly in accordance with the wage grids set out in the Wage Schedules.

29.8 In the event of a new classification being created, or an existing classification is substantially changed, the Employer shall notify the Union and the parties shall meet within thirty (30) calendar days to negotiate the salary range for the new or revised classification. If the parties fail to agree on the new rate, the Employer shall set the applicable wage subject to the right of the Union to refer the matter to arbitration.

29.9 On signing of the first Collective Agreement a wage and salary analysis shall be undertaken by the Employer to determine the appropriateness of every Employee's placement on the grid. Those who are deemed to be underpaid will have their salary adjusted upward to the appropriate level. Those deemed to exceed their placement on the grid will be red-circled until such time as the grid aligns with their salary. Such individuals shall receive a one-time payment equal to three (3%) percent of current salary as of the date of ratification.

ARTICLE30 EFFECTIVE DATE AND DURATION

30.1 This Collective Agreement shall be in effect from the date of ratification, May 10, 2010 and shall remain in force until April 30, 2012. It shall be automatically renewed from year to year thereafter unless either party gives written notice within a period of not more than ninety (90) days or less than thirty (30) days preceding the anniversary of its desire to amend this Agreement.

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30.2 Within a month of the time that either party has served notice on the other party to amend this Agreement, the parties shall meet to commence negotiations.

For the Employer:

Eii

Signed at Toronto the ~of S&peP1be{20lO.

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For the Union:

i { ;{. q

~c~ Robert Ebenstein

Josepliine Petcher I

SCHEDULE'A'-ELDERS

Elders Grievance And Arbitration Procedure Terms of Reference

1. Qualifications of an Elder

(i) To qualify as an Elder for the purposes of selection under the Grievance and Arbitration procedures cited in Article 12, and elder shall have one or more of the following qualities:

(a) A spiritual leader;

(b) A community leader;

(c) Expertise or experience in employment or labour relations

(ii) Individuals will not be eligible for selection as an Elder under Article 12 if the individual is:

(a) An Employee of the Employer;

(b) A member of the Employer's Board ofDirector;

(c) Related to any party directly involved with the grievance;

(d) A representative or executive member of the Union.

2. Selection and Role of the Elders

(i) Elders will be selected by mutual agreement between NCFST and the Union in accordance with Article 12, Step 5 of the Collective Agreement and will be listed in a Schedule to the Collective Agreement. Employees will have the option of selecting any such Elder, other than an elder who is related to the Employee, to provide wisdom, guidance and assistance in resolving grievances.

(ii) Elders will apply their experience, traditions, values and beliefs to facilitate grievances through a non-binding dispute resolution process.

3. Process

(i) The Elder shall be provided with a copy of the Grievance Form and all information verbal or written related to the dispute in question.

(ii) The Elder shall have discretion to select the process to be used to resolve the dispute and shall inform NCFST and Local if requested.

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(iii) NCFST and CEP will work collaboratively to provide the Elders with training related to the terms of the Collective Agreement and applicable policies.

4. Compensation

(i) The Union and the Employer shall each be responsible for one-half of the following:

(a) An honorarium in the amount of $250.00 per half day and $500.00 per full day, at the option of the Elder; and

(b) Reasonable expenses of the Elder.

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SCHEDULE "B" CHILD WELFARE JOB CLASS- DEFINITION

Child JVe(fare- Job Class Family and Pay Grades

Protection Worker Includes: Family Service Worker, Intake Worker, Telephone Intake Worker

Children's Service Worker

Resource Worker Includes: Placement Worker, Resources home study position, Resources worker carrying foster family files

Adoption Worker Includes: Adoption worker and Adoption home study position

All of the above positions are authorized to apprehend children in need of protection.

Protection Support Worker Includes: support to children services and protection services (includes provision of kinship service and extended care and maintenance case management).

The job class family consists offour (4) pay grades:

Social Worker 1 Employees with a MSW (Masters degree in Social Work) will be placed at this pay grade.

Social Worker 2 Employees with a BSW (Bachelor of Social Work) shall be placed on this pay grade.

Social Worker 3 Employees with direct child welfare experience with a degree or qualification in a related discipline (as determined by the employer) shall be placed on this pay grade.

Protection Support Worker-Employees with a degree or qualifications in a related discipline (as determined by the employer) and relevant work experience shall be placed on this pay grade.

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SCHEDULE "B" CHILD WELFARE SALARY SCALE 2009-2012

Child Welfare

Level PSW SW3 SW2 1 $36,000 $50,000 $55,000 2 $37,080 $51,500 $56,650 3 $38,192 $53,045 $58,350 4 $39,338 $54,636 $60,100 5 $40,518 $56,275 $61,903 6 $41,734 $57,963 $63,760 7 $42,986 $59,702 $65,673 8 $44,275 $61,493 $67,643 9 $45,604 $63,338 $69,672 10 $46,972 $65,238 $71,762

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SW1 $60,000 $61,800 $63,654 $65,564 $67,531 $69,556 $71,643 $73,792 $76,006 $78,286

Support Services Job Class Fami~v and Pay Grades

Social Worker Job Class Family Pay Grades Positions are responsible for providing a range of social services in support of social work practice. Such services are instrumental in accomplishing service goals and plans of care, but are of a social support nature, working under the direction and guidance of clinical teams within the Support Services Division.

Positions are not mandated to undertake apprehensions under the Child and Family Services Act.

The job class family consists of two (2) pay grade;

Social Worker 4 Experienced level Employee with a BSW or Degree in a related discipline such as psychology or sociology degree with minimum five (5) years experience shall be placed at this level.

Social Worker 5 Employees with related work or life experience and a grade 12 education shall be placed at this level.

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SCHEDULE "B" SUPPORT SERVICES SOCIAL WORKER SALARY SCALE 2009-2012

Support Services - Social Worker Level SW4 SW5 1 $48,502 $43,651 2 $49,957 $44,961 3 $51,456 $46,310 4 $52,999 $47,699 5 $54,589 $49,130 6 $56,227 $50,604 7 $57,914 $52,122 8 $59,651 $53,686 9 $61,441 $55,296 10 $63,284 $56,955

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Support Services- Clzild & Youtlz Worker Job Class Family and Pay Gmdes Positions are responsible for providing youth/child development and youth/child treatment services including recreation, legal support, outreach, and referrals for children, youth and their families. Other services include planning, preparing, and facilitating educational curriculum that is age appropriate for children and youth.

Other positions will provide monitoring of family access visits in accordance with the CFSA and will ensure timely recordings, updates, and attend court as required on behalf of NCFST. Positions are accountable for adherence to policies and procedures, take responsibility for more cases, and assist with administrative aspects of service.

The job class family consists of two (2) pay levels and pay grades:

Child & Youth Worker 1 (CYWll Employees with a Diploma or Certificate in one of the Human Services programs (Child & Youth Worker, Social Services, Community Services Worker, Early Childhood Educator, or Police Foundations) and have a current First Aid Certificate.

Child & Youth Worker 2 (CYW2) Employees with limited work experience, or who have had extensive life experience, grade 12 education.

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SCHEDULE "B" SUPPORT SERVICES CHILD AND YOUTH WORKER SALARY SCALE 2009-2012

Support Services - Child and Youth Worker Level CYW2 CYW1 1 $34,000 $42,500 2 $35,020 $43,775 3 $36,071 $45,088 4 $37,153 $46,441 5 $38,267 $47,834 6 $39,415 $49,269 7 $40,598 $50,747 8 $41,816 $52,270 9 $43,070 $53,838 10 $44,362 $55,453

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Support Services- Early Years Educators Job Class Family and Pay Grades

Positions are responsible for providing early years education in either the Aboriginal Head Start Program, Early Years Centre, or one of the licensed daycare facilities.

Early Years Educator (EYE) Experienced Employees who have a degree and/or diploma in Early Years Education, and are registered as a RECE if required by the position.

Assistant Early Years Education (AEYEl Employees who have an ECEA, or 5 years experience as a Doula, Ninoshe, or extensive life experience.

Early Years Educator- Pro Rated (EYE/PR) Experienced Employees who have a degree and/or diploma in Early Years Education and registered as a RECE who work in the Aboriginal Head Start Program which runs forty seven (47) weeks each year. Therefore, the wages are pro-rated to reflect the# number of weeks per year worked.

Early Years Educator- Pro Rated (AEYEIPR) Employees who work as assistants in the Aboriginal Head Start Program which runs forty seven (47) weeks each year. Therefore, the wages are pro-rated to reflect the# number of weeks per year worked

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SCHEDULE "B" SUPPORT SERVICES EARLY YEARS EDUCATORS SALARY SCALE 2009-2012

Support Services- Early Years Educators Level AEYE EYE AEYE/PR EYE/PR 1 $31,000 $36,000 $28,019 $32,538 2 $31,930 $37,080 $28,860 $33,515 3 $32,888 $38,192 $29,726 $34,520 4 $33,875 $39,338 $30,617 $35,556 5 $34,891 $40,518 $31,536 $36,622 6 $35,937 $41,734 $32,481 $37,721 7 $37,016 $42,986 $33,457 $38,853 8 $38,126 $44,275 $34,460 $40,018 9 $39,270 $45,604 $35,494 $41,219 10 $40,448 $46,972 $36,559 $42,455

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Administration Job Class Family and Pay Gmdes Positions are responsible for preparing correspondence, reports, statements and other material, operating office equipment, answering telephones and performing clerical duties of a general nature according to establish procedures.

This job class family consists of two (2) pay levels and pay grades:

Administrative (A 1)

Experienced Employees who have a diploma in business administration with more than five (5) years experience shall be placed at this level.

Administrative (A2) New Employees with reception/office/business experience shall be placed at this level.

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SCHEDULE "B" ADMINISTRATION SALARY SCALE 2009-2012

Administrative Level A2 A1 1 $35,000 $38,500 2 $36,050 $39,655 3 $37,132 $40,845 4 $38,245 $42,070 5 $39,393 $43,332 6 $40,575 $44,632 7 $41,792 $45,971 8 $43,046 $47,350 9 $44,337 $48,771 10 $45,667 $50,234

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Technical Services Job Class Family and Pay Gmdes

Positions are located in facilities including maintenance, records, information technology, finance and human resources.

This job class family consists of three (3) pay levels and pay grades:

Technical 1 (Tl) Experienced Employees with a related degree/diploma and at least five (5) years experience shall be placed at this level.

Technical 2 (T2) New Employees with a degree/diploma and limited experience in the area shall be placed at this level.

Technical 3 (T3) New Employees with five (5) or more years experience shall be placed at this level.

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SCHEDULE "B" TECHNICAL SALARY SCALE 2009-2012

Technical Level T3 T2 1 $33,000 $40,000 2 $33,990 $41,200 3 $35,010 $42,436 4 $36,060 $43,709 5 $37,142 $45,020 6 $38,256 $46,371 7 $39,404 $47,762 8 $40,586 $49,195 9 $41,803 $50,671. 10 $43,058 $52,191

T1 $47,500 $48,925 $50,393 $51,905 $53,462 $55,066 $56,717 $58,419 $60,172 $61,977

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