COLLECTIVE AGREEMENT

Between

ParaMed Home Health Care - Thunder Bay

And

Unifor Local 229

Expiry: March 31, 2019

Table of Contents

ARTICLE 1 - PURPOSE ............................................................................................................................... 3

ARTICLE 2- RECOGNITION AND SCOPE ................................................................................................. 3

ARTICLE 3 - NO DISCRIMINATION ............................................................................................................. 3

ARTICLE 4- NO STRIKES AND NO LOCKOUTS ............ · ........................................................................... 4

ARTICLE 5 - MANAGEMENT RIGHTS ......................................................................................................... 4

ARTICLE 6 - UNION SECURITY .................................................................................................................. 5

ARTICLE 7- RELATIONSHIP AND REPRESENTATION ............................................................................ 6

ARTICLE 8 - SENIORITY .............................................................................................................................. 7

ARTICLE 9- POSTINGS FOR VACANCIES ................................................................................................. 9

ARTICLE 10- GRIEVANCE PROCEDURE ................................................................................................ 10

ARTICLE 11- MEDIATION AND ARBITRATION ....................................................................................... 11

ARTICLE 12 - PAY PERIO OS ........................................... , ......................................................................... 13

ARTICLE 13 - LEAVE OF ABSENCE ......................................................................................................... 13

ARTICLE 14 -WAGES ................................................................................................................................ 14

ARTICLE 15 - HOURS OF WORK .............................................................................................................. 14

ARTICLE 16 - VACATIONS ........................................................................................................................ 16

ARTICLE 17 - PAl D HOLIDAYS .................................................................................................................. 17

ARTICLE 18 - BENEFITS ........................................................................................................................... 18

ARTICLE 20 - DURATION .............................................. ......... : ....... ........................................................... 19

Schedule A ........................................................................................................................ 20

Letter of Understanding Women's Advocate ............................................................................................... 21

Letter of Understanding- Part-time Shift Distribution, Overtime Distribution, Christmas Schedule ......... 23

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ARTICLE 1 - PURPOSE

1.01 The purpose of the Agreement is to establish and maintain collective bargaining relations between the Employer and the employees covered by this Agreement and to provide for a prompt and orderly method of settling complaints or grievances which may arise hereunder.

1.02 The Union recognizes the obligation of the Employer to provide efficient service to the public pursuant to the relevant legislation and objectives of the Employer.

1.03 The parties to this Agreement undertake to work together towards the common objective of providing the best possible service to the client of the Employer and the public.

ARTICLE 2- RECOGNITION AND SCOPE

2.01 The Employer recognizes the Union as the sole collective bargaining agent for all office and clerical employees of ParaMed Health Services Inc. o/a ParaMed Home Health Thunder Bay in the District of Thunder Bay and the District of Kenora save and except Regional Recruitment Specialist, Team Leader, Supervisors and any person above the rank of Supervisor and anyone already represented by a trade union.

2.02 Employees governed by the Collective Agreement are Full-time, and Part-time, employees.

2.03 It is agreed that the word "employee" or "employees" wherever used in this Agreement shall be deemed to refer only to an employee or employees in the bargaining unit as defined in Article 2.01.

2.04 Where the feminine pronoun is used in this agreement, it shall mean and include the masculine pronoun where the context so applies.

2.05 Where the singular is used, it may also be deemed to mean the plural, within the appropriate context.

ARTICLE 3 - NO DISCRIMINATION

3.01 The Employer, Union and the employees agree that there shall be no discrimination, restraint or coercion exercised or practiced with respect to any employee by reason of his/her membership or activity or non-membership or lack of activity in the Union.

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3.02 The Employer, Union and Employees agree to abide by the provisions of the Human Rights Code.

3.03 The union agrees that it will not conduct union business except as expressly permitted by this Agreement or as expressly authorized in advance and in writing by the Employer.

ARTICLE 4- NO STRIKES AND NO LOCKOUTS

4.01 During the term of this Agreement neither the union nor any of its officers or officials nor any employee shall take part in or call or encourage any strike, sit­down, slow-down, suspension of work or any other collective action against the Employer, nor shall the Employer engage in any lock-out of the employees.

4.02 The word strike and lock-out shall have the meaning given in the Ontario Labour Relations Act.

4.03 If such action or other Collective Agreement action should be taken by the employees, the Union will instruct the said employees to return to work and perform their usual duties forthwith and resort to the grievance procedure established herein for the settlement of any complaint or grievance.

4.04 The Employer shall not contract out any work, nor shall supervisor(s) perform work, normally performed by members of the bargaining unit unless mutually agreed. Such agreement shall not be unreasonably withheld. The parties agree excluded classifications as set forth in Article 2 -Recognition and Scope normally perform some work of this bargaining unit. It is not the intention of the parties to change current practice.

ARTICLE 5- MANAGEMENT RIGHTS

5.01 The Union recognizes and acknowledges that all management rights and prerogatives and the direction of the working forces ancl the management of the Employer's enterprise are vested exclusively with the Employer and without limiting the generality of the foregoing the exclusive functions of the Employer shall include the following:

(a) the rights to operate and manage its business in every and in all respects;

(b) the right to maintain order, discipline and efficiency amongst its employees and in connection therewith to establish and enforce reasonable rules and regulations policies and practices from time to time

(c) the right to select, hire, direct, transfer, classify, assign and re-assign

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duties, demote, promote, layoff, recall, suspend, terminate or otherwise discipline who have completed probation for just cause, provided that a claim by an non-probationary employee who has been discharged or disciplined without just cause may be the subject of a grievance;

(d) the right to determine the location and extent of operations and their commencement, expansion, curtailment and cessation; the level and type of service to be provided; the content, evaluation and description of jobs; methods to be used to provide services, employee qualifications for employment and promotion, number of hours to be worked; number and classification of employees needed.

5.02 The Employer will exercise its management rights in accordance with the Collective Agreement.

ARTICLE 6 - UNION SECURITY

6.01 The parties hereto mutually agree that any employee covered by this Agreement will become a member of the Union. The Union will supply the Employer with application cards for new employees. The Employer will include an application card in the orientation package for each new bargaining unit employee. The Employer will send a list of new employees each month to the Union.

6.02 The Employer agrees that it will deduct from each pay of a sum equal to the regular Union dues and fees for each employee covered by this Agreement. Such deduction will commence the first full pay period following the date of ratification of this Agreement. The check-off list will include the name, address, hours worked, union dues amount deducted, and a total of each column.

6.03 The Employer agrees to deduct the Union's fees and dues from the employees and forward them to the Union, by the fifteenth (151

h) of the following month. The Employer shall put employees on a check-off list in alphabetical order, wherever possible, showing deductions of such fees and dues.

6.04 The Employer will provide the Union a list of names and addresses of employees who are covered by this agreement.

6.05 The Union shall inform the Employer of the amount to be deducted by providing thirty (30) days written notice.

6.06 The Union agrees to indemnify and hold the Employer harmless with respect to all deductions made pursuant to this Article and with respect to any liability or claim made against the Employer by any employee(s) or any other person arising out of deductions made pursuant to this article.

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6.07 The Employer shall indicate the amount of Union dues on the T4 slip of each employee.

ARTICLE 7- RELATIONSHIP AND REPRESENTATION

7.01 The Employer agrees that the Union may elect or select no more than two (2) non­probationary employees consisting of one (1) Unit Chair and one (1) Steward. Where a Union Committee is required under the Agreement one (1) of the two (2) employees will form the Committee.

7.02 The Union acknowledges that the Unit Chair and the Steward have, and must continue to perform their regular duties and responsibilities for the Employer. The Unit Chair and Steward shall not leave their duties of their employment in order to attend the meetings of the committees without having previously obtained the permission of their supervisor. The Unit Chair and the Steward shall seek permission to attend committee meetings at least one (1) week in advance of the date of such meeting. Such permission shall not be withheld unless it interferes with the efficient operations of the Employer.

7.03 The Union shall notify the Employer in writing of the names of the currently authorized Unit Chair and Steward and the Employer shall not be required to recognize any steward until it has been notified in writing by the Union. All members of the Committees shall be Employees of the Employer who have completed their probationary period.

7.04 The Employer will recognize a Union Negotiating Committee comprised of a Union Representative and not more than two (2) non-probationary employee. Any representative of said negotiating Committee who is in the employ of the Employer shall have the right to attend negotiations for the renewal of this Agreement. The negotiating member who is an employee of the Employer shall be paid any wages, benefits and associated costs forfeited as a result of the attendance at negotiations and the Union agrees to reimburse the Employer for such wages paid.

7.05 All correspondence between the parties concerning the Collective Agreement shall be between the Executive Director (or his/her designate) and the Union Representative (or her designate).

7.06 No employee shall conduct Union business during working hours other than as specifically permitted by this agreement or with permission of the Management of the Employer

7.07 The Employer agrees that there will be a Joint Health and Safety Committee that shall operate in accordance with the requirements of the Ontario Occupational Health and Safety Act.

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7.08 The parties and the employees agree to abide by the provisions of the Workplace Health andSafety Act, 1997, as amended.

7.09 Definitions

Full-time employee - is an employee who is the successful applicant of a full-time position.

Part time employee - is an employee who is the successful applicant of a part­time position.

7.10 Labour Management Committee: Quarterly when requested by either party and as needed, the parties agree to meet as a Labour Management Committee to discuss current workplace concerns. Such meetings shall not exceed two (2) hours unless mutually agreed. The parties shall exchange agenda topics one (1) week in advance of the meeting. The Employer will recognize one (1) bargaining unit employee whom shall be the Unit Chair from the Union as well as one (1) Local 229 Unifor representative. Employee representatives attending such meetings of the committee shall not lose regular earnings as a result of such attendance.

ARTICLE 8 - SENIORITY

8.01 A newly hired employee shall be considered a probationary employee for a period of three (3) months or four hundred and eighty (480) hours worked, whichever is greater. Probationary employees will not accumulate seniority or be eligible for paid leaves of absences until after they have successfully completed the probation period.

8.02 It is recognized that the probation period is a period during which the Employer will have the right to assess an employee and to determine whether such employee is, in the sole discretion of the Employer, acceptable for continued employment. It is therefore recognized that probationary employees may be terminated in the sole and absolute discretion of the Employer at any time for any reason during the probationary period. The dismissal of a probationary employee shall not be the subject of a grievance.

8.03 Full-time and part-time employee's seniority shall be based on the employee's last date of hire with the Employero Where seniority is tied the full-time employee shall be considered the most senior. Seniority shall not accrue during any unpaid leave of absence.

8.04 The Employer may extend the probationary period upon mutual agreement with the Union.

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8.05 Upon completion of the probationary period the employee shall be deemed to have seniority from the date of hire.

8.06 An employee shall lose all seniority and employment shall be deemed terminated if she:

a) Resigns, retires or quits;

b) is discharged and not reinstated through the grievance and arbitration procedure;

c) is absent due to illness or disability for which benefits are received, which absence continues for twenty-four (24) calendar months;

d) Fails to report for scheduled work without notifying their direct supervisor or Senior Executive Director in advance, or without providing a satisfactory excuse for such absence;

e) has been laid off for twelve (12) consecutive months;

f) has been laid off and upon being recalled fails to return to work within seven (7) caleridar days after being notified by registered mail addressed to the last address on record with the Employer. (It is the sole responsibility of the employee to ensure that his or her proper address is on record with the Employer.) ;

g) Use of a leave of absence for a purpose other than for which it was granted, or engages in gainful employment while on such leave;

h) Releases confidential personal or medical information about a client or employee to unauthorized persons;

i) Deliberately falsifies documents including but not limited to client documents, medical documents, travel and expense reports, payroll documents, time or work record;

8.07 An employee's seniority shall not be broken while off on approved Union business, or approved leave of absence.

8.08 Seniority lists shall be prepared twice annually according to the records of the employer as of June 30 and December 31. The seniority list once prepared will be sent to the Union Local 39-8 by the Employer. Seniority as posted shall be deemed to be final and not subject to complaint unless such complaint is made within thirty (30) calendar days from the date of posting.

8.09 Where two (2) or more employees are hired on the same date, the names will be placed on the seniority list in alphabetical order

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8.10 A probationary employee laid off before completion of the probationary period and subsequently re-hired within twelve (12) months shall be given credit for the number of days/hours worked previously towards completion of her probationary period.

8.11 When layoffs are required, the most junior employee(s), in the affected classification(s), in seniority order will be laid off and recalls will be in reverse order of layoff. A laid off employee shall have recall rights for a period of twelve (12) months from the date of lay-off.

8.12 An employee who is subject to lay-off shall have the right to either:

(i) Accept the lay-off; or (ii) Bump an employee with the least bargaining unit seniority in a lower or identical

paying classification whose hours are as close to the position they were displaced from, for which they are qualified, and can perform the duties of the lower or identical classification without training other than orientation.

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Executive Director within one (1) calendar week following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.

ARTICLE 9 - POSTINGS FOR VACANCIES

-----9.or Wherelhe employer determines there is a vacancy for a regular full-time or part­time position in the bargaining unit: 1. The Employer shall post the job posting for seven (7) calendar days.

2. The posting will specify: • Whether the position is full-time or part-time; • The position classification; • The expiry date of the posting; and, • The name of the Employer representative to whom applications

are to be directed

3. A copy of the Job Posting shall be provided to the Unit Chair.

9.02 The Notice of Vacancy shall be posted on the bulletin board referred to in Article 19 of this Agreement.

9.03 Written Applications for the vacancy must be received by the Employer representative specified on the Notice prior to the expiry date of the posting.

9.04 Selection for Vacancy: In filling posted vacancies, the selection will be made based on the relevant qualifications, skills, ability, reliability and experience of the

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applicants. Where these factors are relatively equal, bargaining unit seniority will be the governing factor. The Employer will notify the successful candidate within two (2) business days of finalizing their decision.

ARTICLE 10- GRIEVANCE PROCEDURE

10.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement.

10.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is generally understood that an employee has no grievance until she has first given the Employer an opportunity to adjust her complaint.

10.03 For the purposes of the collective agreement, "working day" means a weekday, Monday to Friday, other than a statutory holiday.

10.04 If an employee has a complaint, such complaint shall be discussed with her/his immediate supervisor within five working (5) days after the circumstances giving rise to the complaint have occurred, or when it should have reasonably come to the attention of the employee. The supervisor shall render his/her decision in writing within five (5) working days of the receipt of the complaint.

Step 1

Failing settlement at the Complaint Stage, the Steward and/or the employee shall submit a completed written grievance to her supervisor or his/her designate, within five (5) working days following the supervisor's decision under the Complaint procedure above. The supervisor or his/her designate shall render his/her decision in writing to the Union Steward and the employee within five (5) working days after presentation of the written grievance.

Step 2

Failing settlement at Step 1, a Union Representative may, within five (5) working days following the supervisor's decision in Step 1 above, schedule a meeting with the Executive Director or his/her designate. The Union Steward and/or the employee may be present at such meeting. Upon completion of this meeting, the Executive Director or his/her designate shall render his/her decision within five (5) working days.

Failing settlement at Step 2, the grievance may be submitted to arbitration within ten working days (1 0) days after the decision has been provided by the Employer's Manager or the designate as set out in Step 2 above.

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10.05 Group Grievance

Where it appears that two (2) or more employees have similar grievances, they may present a group grievance within the same time limits prescribed for an individual grievance. The grievers' names will be listed on or attached to the grievance form. If a group grievance could be filed, then it is agreed that individual grievances will not also be filed.

10.06 Policy Grievance

The Union may institute a grievance consisting of an allegation of a general misinterpretation or violation of the Agreement, in writing at Step 2 of the grievance procedure, proving that it is presented within five (5) working days after the circumstances giving rise to the grievance having originated or had knowledge of the occurrence. The Union may not file a grievance regarding any matter upon which an employee may personally grieve.

10.07 Employer Grievance

The Employer may institute a grievance against the Union or Employees, in writing at STEP 2 of the grievance procedure, provided it is presented within five (5) working days after the circumstances giving rise to the grievance have originated or occurred.

10.08 No grievance may be submitted to arbitration which has not been properly carried through all of the Steps of this Complaint and Grievance Procedure.

ARTICLE 11 -MEDIATION AND ARBITRATION

11.01 Grievance Mediation

The parties agree to implement a Grievance Mediation procedure in accordance with the following provisions:

(A) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any lime within ten (10) working days after the Employer's decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.

(B) Grievance Mediation will commence within twenty-one (21) working days of the grievance being submitted to mediation, or longer period as agreed by the parties. ·

(C) No matter may be submitted to Grievance Mediation which has not been

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properly carried through the grievance procedure,. provided that the parties may extend the time limits fixed in the grievance procedure.

(D) The parties shall agree on a mediator.

(E) Proceedings before the mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the Proceedings shall be made and legal counsel shall not be used by either party.

(F) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.

(G) The Mediator will have the authority to meet separately with either party.

(H) If no settlement is reached within five (5) working days following grievance mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this Collective Agreement. In the event that a grievance, which has been mediated subsequently, proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration.

(I) The Union and Employer will share the cost ofthe Mediator, if any.

11.02 When either party wishes to have a grievance referred to arbitration, it shall give written notice of such referral to the other party within the time limits set out in the Grievance Procedure, and at the same time appoint its nominee to the Arbitration Board. Within ten (1 0) calendar days the other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the Ministry of Labour shall have the power to effect the appointment upon the application of the party invoking the arbitration procedure. The two (2) nominees shall attempt to select, by agreement, the Chair of the Arbitration Board. Where the nominees cannot agree on the name of the Arbitrator, either party may request that the Ministry of Labour make the appointment.

11.03 The arbitrator hearing the grievance shall not have the power to add to, subtract from, modify or otherwise amend this Agreement in order to give any decision or award that is inconsistent with it.

11.04 The parties shall each pay their own costs of the arbitration and shall jointly share the costs of the arbitrator and the hearing.

11.05 The time limits which are set out in the grievance and arbitration procedures are mandatory. A failure to strictly observe the time limits therein shall render the grievance inarbitrable. The time limits in the arbitration procedure may be extended by mutual agreement of the parties.

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11.06 The parties may by mutual agreement substitute a sole arbitrator for an arbitration board. If a sole arbitrator is utilized, the parties agree to share the cost of the sole arbitrator.

ARTICLE 12- PAY PERIODS

12.01 Employees shall be paid bi-weekly every second Thursday. These moneys will be automatically deposited into the bank of their choice. Should a paid holiday occur on a pay day, the deposit will be made on the day prior to pay day. This shall not preclude the employer from amending pay days provided they give the Union one (1) month's notice.

12.02 An electronic time and earnings statement will be available to each employee for each pay period. This statement will carry complete details of rates of pay, hours worked, earnings, vacation pay, deductions and union dues and each employee shall be permitted to print a copy for personal records.

12.03 In the event of an error on the employees pay cheque the correction will be made in the pay period following the date on which the overpayment comes to the Employer's attention. If the error results in an employee being underpaid by one (1) day's pay or more, the Employer will provide payment for the shortfall within three (3) business days from the date it is notified of the error.

ARTICLE 13- LEAVE OF ABSENCE

13.01 Pregnancy and Parental leaves

Pregnancy and parental leave of absence shall be granted in accordance with the provisions of the Employment Standards Act, 2000, as may be amended from time to time.

13.02 Bereavement Leave Bereavement Leave without loss of pay for previously scheduled hours will be granted up to a maximum of five (5) consecutive days immediately following the death of the employee's parent, spouse or child ending with the date of the funeral. Bereavement Leave without loss of pay for previously scheduled hours will be granted up to a maximum of three (3) consecutive days immediately following the death of the employee's mother in law, father in law, step parent, grandparent, sister , bother, sister in law, brother in law, grandchild ending with the date of the funeral. Bereavement Leave without loss of pay for previously scheduled hours will be granted up to a maximum of one (1) day immediately following the death of the employee's aunt, uncle, niece, nephew ending with the date of the funeral.

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13.03 Union Leave

The Employer may grant leave of absence without pay to employees to attend Union conventions, educational sessions and other Union business provided that such leave will not interfere with the efficient operations of the Employer. No more than one (1) employee shall be absent at one time. Such leave must be applied for in writing at least two (2) weeks in advance of the convention or educational session as the case may be. The total of all leaves of absence for all employees shall not exceed twenty (20) working days per calendar year. The member who is an employee of the Employer shall be paid any wages, benefits and associated costs forfeited as a result of the attendance at negotiations and the Union agrees to reimburse the Employer for such wages paid.

13.04 Jurv Duty

When employees are required to report for Jury Duty or summoned as a witness in a court of law (other than a court proceeding occasioned by the employee's own personal interests), the Employer will top up the employee's wages to equal one hundred percent (100%) of their regular daily wages provided the employee provides proof of service verifying compensation paid by the Court.

ARTICLE 14- WAGES

14.01 'Wages shall be paid in accordance Schedule "A" attached.

ARTICLE 15- HOURS OF WORK

15.01 None of the provisions of this Agreement may be construed as a guarantee of hours of work per day or per week, or a guarantee of days of work per week. Hours of work will be determined by Employer. It will be necessary to maintain flexibility in hours of work as the position requirements dictate to meet the needs of clients.

The employer shall post a two (2) week schedule on Thursday of each week which shall commence the following Monday. Such posted schedule may be subject to change based on exigencies of the operation which will be communicated to employees with as much advance notification as possible, failing mutual agreement reverse seniority within the classification shall be used.

For the purposes of this agreement the work week commences at 0000 Saturday and concludes on Friday 2359. The work day shall be the period of 24 hours commencing at 0001 of the operation as scheduled by the employer.

Standard hours of work vary by position and client requirements. Workload, operational efficiency, staffing needs and other factors may require changes to an

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employee's start and finish times and total hours worked. The Employer will provide as much notice as possible whenever the aforementioned changes are required.

Full-time employees usually work 7.5 hours daily excluding the one (1) hour unpaid meal period averaged over a two week period including one (1) fifteen (15) minute break in each half of the shift. This shall not preclude the employer from establishing shifts of greater or less than 7.5 hours daily.

Full-time employees usually work sixty hours or more bi-weekly and part-time employees usually work less than sixty hours biweekly. This shall not preclude the employer from scheduling Part-time employees hours greater than sixty and employees may be scheduled additional hours biweekly to cover unforeseen absences. ·

Part-time employees are those who are regularly scheduled for less than sixty (60) hours bi-weekly but who may on agreement be scheduled for more hours to cover unforeseen absences, etc. Part-time employees who work greater than five (5) hours shall be entitled to an unpaid meal period as per the full-time above and shall further be entitled to one (1) 15 minute break during the five hour shift. Part­time employees who work a regular shift as defined above (7.5 hours) excluding a one (1) hour unpaid meal break shall be entitled to two (2) 15 minute rest periods as per full-time.

In addition, when necessary, employees may be required to work overtime or hours other than those normally scheduled.

All employees are paid their regular rate of pay for all scheduled hours worked and paid overtime at one and one-half (1 Y,) times their regular rate of pay after 88 hours worked averaged over a two week period and must be approved by the Employer.

Full-time employees who work beyond their scheduled hours but less than eighty­eight hours shall take time off in lieu at a mutually agreed to time within a one month period or request payment.

Full-time employees who work beyond eighty-eight (88) hours shall take time off in lieu or request payment based on one and one-half (1 Y>) times for each hour worked at a mutually agreed to time within a one month period.

15.02 An employee who is unable to report to work because of sickness or other reasonable cause shall notify their supervisor as soon as possible and, absent in extenuating circumstances, at least four (4) hours before the start of shift so that proper measures can be taken for a replacement.

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15.03 On Call

a) When an employee is scheduled to be on call they will receive on call pay in the amount of three hundred dollars ($300.00) for one (1) week period. On call hours are subject to change based on operational requirements. Current it is daily from 945 pm to 745 am.

b) On call will be offered on a rotational basis in order of seniority to Coordinators, failing which it will be scheduled by reverse seniority.

ARTICLE 16- VACATIONS

16.01 Full-Time Coordinators will be paid regular salary when on vacation as follows:

Less than one (1) year of employment, as Two (2) weeks' vacation with pay (prorated of December 31st each year in first year of employment), based on 4%

of a ross earninas. After one (1) year of employment, as of Three (3) weeks' vacation with pay, based December 31st each year on 6% of gross earnings. After eight (8) years of employment, as of Four (4) weeks' vacation with pay, based December 31st each year on 8% of gross earnings. After fifteen (15) years of employment, as Five (5) weeks' vacation with pay, based of December 31st each vear on 10% of aross earninas.

16.02 All other employees shall receive vacation pay in accordance with the Employment Standards Act, 2000.

16.03 An employee shall not be permitted to accumulate her vacation from year to year.

16.04 During an unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended for the period of the absence in excess of thirty (30) continuous calendar daysand the employee's anniversary date adjusted accordingly. Employer will continue to pay its share of the premiums for up to one (1) year while an employee is in receipt of W.S.I.B. benefits or pregnancy/parental leave provided employees continue to pay their portion, if any.

16.05 Scheduling and Approving Vacation

(a) With their supervisor's approval, employees may take vacation based on the vacation time already earned and that which will be earned in the current vacation year.

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Request for vacations must be submitted, in writing, to the Supervisor no later than March 15 each year. Subject to operational requirements, the Supervisor will notify the employee by April 20 if the vacation is granted. Seniority will govern where conflicts arise between requests of two or more employees.

(b) Request for vacation at other times of the year require at least one (1) months written -notice. Vacation request for this period may be approved · on a first come first served basis. The Employer shall approve/deny all vacation requests within fourteen (14) calendar days of having received the request.

(c) Vacations during peak periods may be denied in order to ensure that client care demands can be met. Peak periods include:

• December 15 to January 15 inclusive; • March School break; and • The two week period that proceeds the fall school year.

(d) When payroll systems permit, vacation accrual and usage will be denoted on payment detail reports.

ARTICLE 17- PAID HOLIDAYS

17.01 For the purpose of this Article the following are the Public Holidays:

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day Family Day

Employees are eligible for public holiday pay provided the employee has worked all of her last scheduled day of work before the public holiday and her first scheduled day of work after the public holiday, unless reasonable cause for not doing so is shown.

Employees who work on a public holiday shall be paid at the rate of time and one half (1 %) the employee's hourly rate for all hours worked on the public holiday. In addition, the employee will receive pay for the holiday in accordance with the Employment Standards Act Alternatively, the employee may request to be paid at the rate of time and one half (1 %) the employee's hourly rate for all hours worked on the public holiday and choose a substitute day ancl be paid the public holiday pay within one(1) month.

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ARTICLE 18 - BENEFITS

18.01 Full-time Non- Probationary Employees: The Employer agrees to pay 100% of premiums for the benefits that are in existence as at the date of this Agreement except LTD or Critical Illness, that the employee pays 100% ofthe premium cost, and it is understood that the Employer's obligation pursuant to this Agreement is

· to contribute the specified amounts of the premium for such benefits.

Part-time Non - Probationary Employees will have their respective applicable share of the contribution to the cost of benefits deducted from their pay. Should an employee be eligible to purchase additional benefits through the carrier they are solely responsible for any cost associated.

18.02 Any coverage pursuant to any of the benefits provided herein will be subject to the terms and conditions of the insurance carrier's policy or policies as the case may be, or the carrier's contract with the Employer.

18.03 The benefit package shall not form part of this Agreement and shall not be the subject of either a grievance or arbitration under this Collective Agreement.

18.04 The Employer shall provide a benefit summary to all members within thirty (30) days following ratification and when a change of benefits occur affecting the member usage or costs .

. ARTICLE 19- GENERAL

19.01 No Pyramiding

There shall be no pyramiding or compounding of any overtime pay, premium pay or any other benefit provided for in this agreement.

19.02 Copies of Agreement

A copy of this Agreement shall be issued to each employee who is now employed or becomes employed during the term of this Agreement. The cost of printing the Agreement shall be equally shared between the Employer and the Union.

19.03 Personnel File

An Employee may request, in writing, an opportunity to view her personnel file in the presence of her Supervisor or delegated representative. The request shall be made at least one (1) week in advance of the review.

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19.04 The Employer shall provide a bulletin board for the use of the Union to post notices to its members. Prior to posting, such notices must be approved by the Executive Director or her designate.

ARTICLE 20- DURATION

20.01 This Agreement shall be in effect until March 31, 2019, and shall remain in effect from year to year thereafter unless eitherparty gives the other party written notice of termination or desire to amend the Agreement.

20.02 Notice that amendments are required or that either party desires to terminate this Agreement may only be given within a period of ninety (90) days prior to the expiration date of this Agreement or to any anniversary of such expiration date.

Dated in Thunder Bay this

For ParaMed Home Health

---­,

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ParaMed Home Health Care - Thunder Bay Schedule "A"

Apri11, 2016- March 31,2019 ·

Effective December 19, 2016

Coordinators Start After One Year

After Two Years ·

After Three Years After Four Years

After Five Years

Administrators Start After One Year After Two Years After Three Years

After Four Years After Five Years

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$13.86 $14.07 $14.87 $15.24.

$15.39 $15.54

$12.00 $12.18 $12.36 $12.55 $12.74 $12.93

Letter of Understanding

Between

ParaMed Home Health -Thunder Bay

And

Unifor Local 229

Re: Women's Advocate

The parties recognize that female employees may sometimes need to discuss with another woman matters such as violence or abuse at home or at work. They may also need to find out about specialized resources in the community such as Counselors or women's shelters to assist them in dealing with these and other issues.

For this reason the parties agree to recognize a female employee from the bargaining unit who will serve as a Women's Advocate.

The Union will be responsible to train and educate the Women's Advocate, and the parties agree that the Women's Advocate will act strictly as a referral agent and not a counsellor.

In addition, the Women's Advocate will familiarize herself with the Employer's Employee and Family Assistance Program and in each instance will provide the female employee with an Employee & Family Assistance Program pamphlet or information with respect to the EFAP.

The Women's Advocate will be allowed reasonable time preferably during breaks, for the purpose of making a referral to a female employee who has requested immediate assistance. To conduct such business, the Women's Advocate shall obtain permission from her Supervisor (or designate) before leaving her job or work area, and shall notify her Supervisor (or designate) upon her return. Such permission will not be unreasonably withheld.

The local Union executive will develop appropriate communications to inform female employees about the referral role of the Women's Advocate.

Liability The parties agree that the Union is solely responsible and liable for the actions of the Women's Advocate and in addition, agree that interaction between the Women's

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Advocate and the female employee is not a collective agreement matter.

Dated this 241h day of May, 2017.

ForParaMed Home Health Care;

Q/d~o/

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Letter of Understanding

Between

ParaMed Home Health -Thunder Bay

And

Unifor Local 229

Part-time Shift Distribution, Overtime Distribution, Christmas Schedule- Employer agrees to meet to discuss union suggestions on the above in a labour management committee. Such agreement does not indicate the employer's agreement to such protocol's but rather their willingness to consider the Union's position. Agreements, if any, as a result of such discussions will not form part of the collective agreement.

Dated this ~day of t!olc~r,lz~~

For Unifor Local 229

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