CAW LOCAL 40 and NUCLEUS INDEPENDENT LIVING … · 2016-04-20 · *CAW LOCAL 40 and NUCLEUS...

*CAW LOCAL 40 and NUCLEUS INDEPENDENT LIVING* COLLECTIVE AGREEMENT April2006

COLLECTIVE AGREEMENT

betvveen

Nucleus Independent Living

And

CA V\1 ·· Canada (National Automobile, Aerospace and Agricultural

Implernen~ \Vorkers Union of Canada) and its

Local40

April 1, 2006 to March 31, 2009

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TABLE OF CONTENTS

Preamble ....................................................................................................... 3 Purpose of Agreement. ................................................................................. 3 Article 1- Scope and Recognition ............................................................. 3 Article 2 - Union Membership ................................................................. 3 Article 3 - Management Rights ................................................................. 4 Article 4- No Discrinllnation .................................................................... 6 Article 5 - Union Representation and Activity ....................................... 6 Article 6- Bulletin Boards ........................................................................... 7 Article 7 - No Strikes, No Lockouts ............................................................ 7 Article 8 - Grievance Procedure .................................................................. 7 Article 9 - Discharge .................................................................................... 9 Article 10 - Arbitration .................................................................................. 9 Article 11 - Discipline ................................................................................. 1 0 Article 12- Seniority ................................................................................... 11 Article 13- Leave of Absence ..................................................................... 12 Article 14- Health and Safety ..................................................................... 13 Article 15- Holidays ................................................................................... 15 Article 16- Vacations .................................................................................. 16 Article 17 - Transportation ......................................................................... 17 Article 18 -Sick Leave ................................................................................ 17 Article 19- Benefits ..................................................................................... 18 Article 20- Rates of Pay and Classifications ............................................... 19 Article 21- Report Pay ................................................................................ 19 Article 22 - Meal Allowance ........................................................................ 19 Article 23- Hours ofWork and Overtime ................................................. 19 Article 24. - 1'erm of Agreement. ................................................................ 20 Letters of Agreement between the parties ............................................ 23, 24

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* CAW LOCAL 4.0 and NUCLEUS INDEPENDENT LIVING *

Preamble

Both parties to tlus Collective Agreement wish to ensure that the integlity of the Independent Living Philosophy is recognized and protected. It is agreed that the purpose of the Independent Living Plulosophy is to provide an environment where disabled consumers have rights and responsibilities, as individuals and as members of the wider cmmnmuty.

It is further recognized that there is a muque relationslup between consmners and staJ.I, one that is based on mutual respect.

It is w1derstood that this preamble is not intended to minimize any Employee rights as set out vvithin the Collective Agreement.

Purpose of Agreement

The general purpose of tius agreement is to esLc<blish and maintain satisfactmy conditions of employment between the Employer and its employees covered by tlus agreement and to provide a means for the prompt disposition of g1ievances and for orderly collective bargainmg.

Article 1 - Scope and Recognition

1.01 The employer agrees to voluntary recognition of the union if any new projects (example: Nucleus 3) are developed within the municipality of Metro Toronto. All employees save and except team coordinators, persons above the rank of team coordinator, office and clerical staff, will become members of the union under the terms and conditions of this collective agreement.

Article 2 - Union Membership

2.01 a) The Employer agrees that, for as long as tlus agreement remains in force as a condition of employment, all present employees shall become and remain members of the muon.

b) As a condition of employment, all new employees will be required to join the muon upon commencement of employment and shall remain members of the m1ion.

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2.02

2.03

c) As a condition of employment, all new employees will be required to complete an application for membership in the local union at the time of hiring.

d) The employer will deduct from the pay of each Employee covered by ti1e agreement such monthly dues and initiation fees of new employees as may be adopted by CAW National Union. Each Employee shall sign a payroll deduction authorization.

Deductions shall be made on the first payroll of each month and shall be remilled to the Uruon not later than the last day of that month. At ti1e time of each remittance the Employer shall specify the employees hom whose pay tire deductions were made. In instances where dues have not been deducted from an Employee, the reason shall be stated (eg. leave of absence).

The Uruon agrees to indemnify <md hold tire Employer h<mnless with respect to any suits, claims, actions or proceedings cmmnenced against the Employer by reason of tire deduction of dues provided for herein. Dues deducted on behalf of the Union shall be forwarded to the Financial Secretary of the CAW-Canada Local 40.

The Employer will include the arnow1t of the previous year·'s mrion dues paid on the employees' Income Tax T-4 slips.

The Union shall notify the Employer by letter of the monthly arnount of such dues and ar1y ch<mges therein.

The Employer agrees to send to the Urrion ollice, witirin one month of completing their probation, the names, addresses and telephone numbers ar1d classifications of all new employees.

Article 3 - Management Rights

3.01 The Urrion recog1lizes and aclmovvleclges that the management of the Employer ar1d its facilities and direction of the work force ar·e fixed exclusively in the Employer ar1d V\~thout limiting the generality of the foregoing, ti1e Union acknowledges ti1at it is the exclusive function of the Employer to: a) Maintain order, discipline arrd eliiciency ar1d in connection

therewith to mal<.e, alter ar1d enforce from time to time reasonable rules ar1d regulations, policies ar1d practices to be


3.02

3.03

observed by its employees, discipline or discharge employees for just cause;

b) hire, transfer, assign to shifts, promote, demote, classify, lay-ofl~ recall, or select employees for positions excluded from the bargaining unit;

c) determine the location of operations and their expansion or their curtailment, the direction of the work force, the schedules of operations, the number of shifts, determine the method and processes to be employed, job content, quality and quantity standards, the establishment of work or job assignments; determine the qualifications of an Employee to perform any particular job duties; the nature of equipment used and to use new or linproved methods and equipment, change or discontitme existit1g equipment, methods or processes; decide on ti1e number of employees requit·ed at any time, the nwnber of hours to be worked, starting •md quittit1g titnes, when overlitne shall be worked subject to the Employer's commitment to mait1tain service; the detennitlation of financial policies, includit1g general accow1tit1g procedures and consumer relations;

d) the Employer shall not contract out b•u·gaitling wlit work. Notwithstanding tllis provision, the Employer may utilize the services of a relief agency it1 filling attendm1t cm·e vacancies it1 emergency situations;

e) have the sole and exclusive jurisdiction over all operations, buildings, machinery, m1d equipment.

The Employer, therefore, retains all rights not otherwise specifically modified by this Agreement, provided, however, that the functions refened to it1 Article 3.01 above shall be exercised reasonably m1d fairly m1d consistently with the terms of tl1is agreement. Any claim that the employer has itnproperly exercised these functions it1 a manner inconsistent with the terms of tins agreement shall be subject to the provisions of the grievance procedure as set out herein.

\Vhere the Employer creates a new bm·gaitling wlit job or substantially changes the content of an existing job, tl1e Employer will provide the Union with four (4) weeks written notice of ti1e content of the new or changed job m1d the rate of pay the Employer will establish for such job. If the Union is not in agreement with the rate set by the Employer, the Union shall have the right to refer the disputed rate to m·bitration.

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Article 4, - No Discrimination

4.01 The Employer and the U1lion agree that there will be no discritllination agait1st any Employee because of race, creed, colour, age, sex, disability, mmital or pm·ental status, nationality, m1cest1y or U1lion membersllip or because of such Employee's membersllip or position it1 ti1e U1lion or lack of membership it1 the U1lion.

Article 5- Union Representation and Activity

5.01 The Employer will recog1lize four ('1.) muon stewards '~~th a maximum of two (2) stewm·ds it1 each of the current projects. In the event that more thm1 one muon steward is scheduled to work the same shill, only one (1) muon steward, whose selection shall be determined by the U1lion, shall act it1 his/her union steward capacity for that sllift. The Union shall keep the Employer informed of the names of the current stewm·ds. In order to be eligible for the position of stewm·d, m1 Employee must have completed six months of continuous employment. The Employer shall not be requit·ed to recogilize any steward unless it has been so notified.

5.02 The Union recogilizes ti1at the stewm·d is m1 Employee of the Employer and that he/she will not leave work dming working hours except to perform llis/her duties under the Agreement after first malung illTmlgements with the Temn Coordinator or his/her designate. Under these cit·cwnstm1ces the Employer shall pay the stewm·d lor m1y regulm· hours of work missed in dit·ect dealings "'~til the Employer.

5.03 Three (3) employees from the bargairling mlit shall serve as members of the negotiating committee, in addition to a Union staff representative. The Union shall compensate employees lor alltitne necessmuy lost from work to prepm·e for m1d altend negotiation meetings. The employer will compensate members of the Ba1·gaining Conmlittee for Lime spent it1 negotiations during regulm· shills.

5.04. The pmties desit·e eve1y Employee to be fanlllim· with the provisions of tl1is Agreement and llis/her 1ights m1d obligations w1der it. For tllis reason sullicient copies of the AgTeement for each Employee it1 ti1e bm·gaitling mlit, which will be lonnalted to ti1e dimensions of 8 W' by 5 W'., shall be provided. Nucleus Independent Living"'~]] pay one hundred percent (1 00%) of p1intit1g the said collective agreement a11d to be distributed withit1 two (2)monlhs of signing. i

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*CAW LOCAL 40 and NUCLEUS INDEPENDENT LIVING* COLLECTIVE AGREEMENT April 2006

5.05 The employees shall have the right to have the assistance of a representative of the Union when dealing or negotiating with the Employer. Such representative shall be gTanted access to the Employer's premises by pre-arrangement with the Executive Director or Iris/her desig11ate, in order to investigate and assist in the administration of the Collective Agreement.

5.06 The Union agrees that wrion meetings will not be held in the office of the Employer, the stalT lounge or consumer's apartments without seeking prior permission from the Employer.

Article 6 - Bulletin Boards

6.01 The Employer shall provide a bulletin board in the stall lounge and post notices provided they bear the si~,onature of an authorized otlicer or steward of the U1rion and an authorized representative of the Employer.

Article 7- No Strikes, No Lockouts

7.01 There shall be no strikes or lockouts so long as tlris AgTeement continues to operate. The words "st1ike" and "lockout" shall be defined as in the Ontario Labom Relations Act.

Article 8 - Grievance Procedme

8.01

8.02

The parties to tlris Agreement are agreed that it is important to settle g1ievances as quickly as possible. Working days as used in tlris Article refers to Monday-Friday, excluding holidays.

No g1ievances shall be considered, a) where the circwnstances giving rise to it occmred or originated

more th<m ten (10) full working days before the filing of the gnevance, or,

b) wliess the matter has been refened to the Temn Coordinator and an opportwrity given to settle it witl1 the assistm1ce of a union steward if the Employee so desires.

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8.03

8.04

8.05

A grievm1ce of an employee properly m·ising w1der this Agreement shall be settled as follows: Ptior to initiating a formal grievance, an employee having a complaint will make the circumstances sunounding Iris/her complaint known to tl1e Temn Co-ordinator. The Temn Co-ordinator will have tln·ee working days to respond to the employee's complaint.

Step 1 Failing resolution of the employee's complaint within three (3) working days of b1inging the comphrint to the Team Co-ordinator the union stewm·d and the aggTieved Employee shall present his/her glievance in Wiiting to the Team Co-ordinator. l-Ie/she shall have tl1e assistance of Iris/her steward. If a settlement in Vl'liting satisfactmy to the Employee concerned or the w1ion is not reached witlrin tln·ee (3) working days (or any longer period which may be mutually agTeed upon) the next step in the grievance procedme may be tal~en within five (5) working days therealter.

Step 2 The mrion m1d the aggrieved Employee shall present Iris/her griev<Ulce to the Executive Director, who shall consider it and render a WI·itten decision witlrin five (5) working days. The aggrieved Employee shall have the assistm1ce of the steward and/or a U1rion representative. If a settlement satislactmy to the wrion or the Employee concemed is not reached, the grievance may be referred to ;n·bitration as set out hereinalter witl1in fifteen (15) working days.

The Utrion or the Employer shall have the right to file a policy gtievance based on a dispute mising out of the application, interpretation, or alleged violation of tlris Agreement. A policy grievance may be ilritiated by either party in vvritil1g at Step 2 of the gtievancc procedme, at ar1y tunc vvitlrin ten (1 0) working days of the cil·cumstances giving rise to the grievar1cc or tl1e date the pmty ought reasonably to have become awar·e of the circumstar1Ccs giving rise to such g1icvar1ce.

The parties may mutually agr·cc to meet on allY g1ievar1ce appealed to m·bitration ar1d/or mutually agree lo proceed to Mediation before moving to Arbitration. The cost of the Mediator m1d associated expenses will be bome equally by the parties.

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*CAW LOCAL 40 and NUCLEUS INDEPENDENT LIVING*

COLLECTIVE AGREEMENT April2006

8.06 At any step of the grievance procedure the parties may mutually agree to extend the time limits. A gTievance that has not been properly processed tlu·oug'h tl1e gTievance procedure may not be refened to arbitration.

Article 9 - Discharge

9.01 A claim by a seniority Employee that he/she has been unjustly discharged shall be treated as a grievance if a written statement of such gTievance is lodged by the Employee with the Executive Director of Nucleus Independent Living within five (5) working days after tl1e Employee ceases to work for tl1e Employer. The Executive Director will meet w:itl1 the Union at Step 2 witllin live (5) working days. A probationaiy Employee e<umot grieve his/her discha1·ge.

The written decision of the Executive Director shall be rendered within five (5) working days of tl1e meeting. If a settlement satisiitctory to the Employee concerned is not reached tl1e grieva11ce may be referred to a1·bitration as set out hereinailer.

9.02 Such special g1iewmce may be settled by confirming the Employer's action in dismissing the Employee or reinstating the Employee with full compensation for the time lost or by a11y other a!Tallgement which is just a11d equitable in tl1e opitlion of tl1e conlening pa1ties.

9.03 The Employer agrees to notifY the Union oHice if a se1liority Employee is disclm·ged \or suspended witllin two (2) working days of such action, a11d agrees to provide the Union with copies of all w<mling letters witltin five (5) working days of their issua11ce.

Article 10 - Arbitration

10.01 In the event of a failure to reach a settlement 1mder tl1e procedure set out above, either pa1ty may i1litiate a1·bitration proceedings by notilying the other 1xuty iu vvtiting of their intention to go to a1·bitration witlrin lilleen (15) working days alter tl1e Wlitten reply at Step 2.

The following persons shall act in rotation commencing in the follmving order as a1·bitrators to hea1· grieva11ces

1. Fra11k Reilly 2. Ba1·1y Fisher 3. Elaine Newma11

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Where the designated a1·bitrator refuses to or is unable to hea1· tl1e matter within sixty (60) days, tl1e pa1ty havit1g referred the matter to a1-bitration may tl1en proceed to tl1e next na1ned a1-bitrator on tl1e list. If none of the a1·bitrators on the list agree to hea1· tl1e matter or a1·e not available witllin sixty (60) days, all <u·bitrator shall be appoit1ted by the Munster of Labour upon request by eitl1er pa1ty pmsuant to tl1e applicable provisions of tl1e Ontatio Labour Relations Act.

No person shall be appon1ted a11 Arbitrator who has been involved previously in atl attempt to negotiate or settle the gTievatlce.

10.02 Each pa1ty shall bea1· the expense of ll1e Arbitrator.

10.03 The decision of the Arbitrator shall be final a11d bnidn1g on all pa!·ties. The Arbitrator shall not be authorized to mal~e a11y decision or recommendation n1consistent with the provisions of lllis Agreement, shall not have the power to add to, subtract from or modify any tenns of tliis agreement.

Article 11 - Discipline

11.01 No discipfumy measure shall be unposed on a11y Employee without just cause and without the Employee receivit1g a w1itten notice shownlg the grounds on wllich a discipill1a1Y measure is imposed.

11.02 Any Employee swnmoned to a disciplilmy meetn1g for tl1e purpose of imposing a discipill1aty measure shall be accompa1lied by a union stewa1·d if reasonably available.

11.03 When one (1) yea1· or more has elapsed from the date of a11y discipillle, such discipline will be considered null a11d void a11d will not be used agail1st the Employee in the future, unless such discipln1e 1s releva11t or snllila1· in nature to tl1e current disciplnlalY matter.

11.04 Pcrsmmel files: employees may review then· persmwel files, in the presence of the Executive Director or llis/her desig11ate dwing regula!· oilice hours. Employees who wish to review tl1eir personnel records must give forty-eight (4.8) hours notice to the Executive Dil·ector.


Article 12- Seniority

12.01 Seniority shall mean the length of continuous setvice with the Employer in the bargaining milt and shall include setvice with the Employer prior to the certification of the Union. A fiill-lime Employee vvill be on probation until he/she has completed sixty (60) working clays with the Employer. A part-time Employee will be on probation until he/she has completed three hundred and seventy-live (37 5) hours with the Employer, which ever comes lirst. At the completion of the probationmy period the Employee shall be placed on the seniority list with seniority from the date of hire. A revised copy of each seniority list shall be posted on the bulletin bom·cl m1cl sent to the Union in Jmmmy of each yem·. During the probationmy period, the Employee shall be entitled to all rights m1cl benefits of tlus Agreement except as otherwise provided herein.

12.02 In all cases of lay-olls, trm1sfers, recall, promotions, other than appointments to positions outside the scope of the bm·gaining unit, the following factors shall be considered: skill a11d ability, and where these factors m·e relatively equal, tlten seniority shall govern.

12.03 An Employee shall lose all seniority a11d employment status if he/she: a) voluntmily leaves tl1e employ of tl1e Employer; b) is dischm·gecl a11d is not reinstated through tl1e grievm1ce or ;u·bilra

tion procedure; c) is laid olf for a period of more llm1 two yem·s; d) is absent from work without penmssion for three (3) consecutive

working days, unless a11 explm1ation satisfaclmy to the Employer is given by the Employee;

e) fails to return to work upon temunation of a11 autl1orized leave of absence or utilizes a leave of absence for purposes oll1er thm1 tl10se for wltich the leave of absence may be grm1ted, unless a11 explanation satisfactmy to ll1e Employer is given by the Employee;

0 fails to relum to work within seven (7) working days after being recalled li·mn a lay-oll' by notice sent by registered mail, unless a11 explanation salisfactmy to the Employer is given by the Employee;

12.04. It shall be the duty of the employees lo notifY the Employer promptly of <my chm1ge in address. If an Employee fails lo do litis, tl1e Employer will not be responsible for failure of a notice sent by registered mail to reach such Employee.

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12.05 Se1uorily shall be maintained a11cl accumulated during absence due to lay-oft~ sickness, accident, a11d authorized leave of absence.

12.06

12.07

12.08

12.09

12.10

No 1i.1ll-lime seniority Employee shall be laid oft' so long as m1y pmttime Employee continues to work, w1less a pmt-time Employee is normally scheduled for sixty (60) or more hours in a pay pe1iod m1d has seniority over a fiill-time Employee in the b;u·gaining w1it.

The Employer shall notily employees who m·e to be laid olf len (1 0) working days p1ior lo the elTeclive dale of lay-oil~ or awm·d pay in lieu thereof

The Employer shall prominently post notice of all job vacancies within the bm·gaining wilt for a period of five (5) working days. A copy of the notice will be sent lo the U1ilon. The notice shall contain a description of the position (classilicatibn, liill-time, pmt-lime, regulm· slllil, project location, etc.), wage m1d necessmy qualifications.

Giv 1 reasona e notice an~ the mutual agt ement of the E\_nployee illid_ e,"ployer, m" Emplo.x~;~W be trm1sfer~·e o m1other pr~~S in

trder lo over emer ~Y sJ:tnatwfts-\e.g. vacatwns, s '"days).

\An Employee will only be lrm1slerred to a position outside the bm·gain. ·~1g milt with Ius/her consent. An Employee trm1sferred to a position

~.- outside the bm·gaitilng unit will r<·tain all seniority accumulated up to tl1e dale of leaving tl1e wilt but will not accull'lulate m1y furtl1er setilorily ·~., r. . "' while so employed outside the unit.

12.11 In scheduling slllils a11d days oil~ the Employer, where feasible, acconunodate Employee preferences by senimily m1d will do so grm1ling preference: a) to liill-lime employees on the basis of their se1ilmity; b) llten to pmt-lime employees on the basis of their setilorily; last

preference will be given to probati<_>.nmy employees. ..--,·,_, ... , • ·'t /' ·- 1 . .

<J 1 I ~(./ /lf,(_,L . {,(/ /t':/~'(1. Article 13- Leave of Absence '

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13.01 Leave of absence without pay a11d wi~{10ut loss of s,eniorily will be considered on a11 individual basis when requested witl1 a good a11d sufficient reason and may be denied if it unduly interferes '1\~th ll1e operating requirements of the Employer. However, such leave Hill not be unreasonably withheld.

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13.02

13.03

The Employer agTees upon five (5) working days written notice to grant leave of absence without pay for Union business. Up to thTee (3) employees, one from each project, may be absent at the same time. Permission for such leave will not be unreasonably withheld when less than live (5) working days notice is given.

a) When a member of his/her immediate fllinily dies, a full-time seniority Employee shall be entitled to take fom (4) working days leave with pay. For the pmpose of tllis section, irmnediate fillnily is defmed as mother, father, spouse, brother, sister, cllildren, gTandpm·ents, gTmldclllldren, mother-in-law, or father-inlaw.

Employees m·e entitled to one (1) day off to attend the funeral of a sister-in-law or brother-in-law.

b) This provision will also apply to a pmt-tirne senimity Employee who has worked on eleven (11) days in the 1om-week period preceding the death. Such part-time Employee will be entitled to up to lom ('t) days leave witl1 pay for scheduled work days only witllin tl1e five (5) calendar days that follow the death.

13.04 The Employer will pay a full-time seniority Employee who is called lor jmy service or who has been subpoenaed as a witness in a cowt of law for each day of such service. 111e Employer will pay the Employee the dilference between his/her regulm· em·1lings m1d the payment he/she may receive lor jmy service or witness fees. The Employee will present proof of service.

13.05 Maternity Leave/Paternity Leave/Parental Leave

Maternity, patenlity and pm·enlal leave shall be in accordm1ce with tl1e Employment Stm1dm·ds Act.

Article 14 - Healili and Safety

14.01 The Employer, tl1e U1lion m1d tl1e employees willtal(e all reasonable measmes witllin their control to foster the health and safety of consumers and employees. It is agreed that botl1 tl1e Employer m1d the Union shall co-operate to the fullest extent possible ir1 the prevention of accidents m1d in tl1e promotion of health and safety of all consmners mid employees.

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14.02

14.03

A Health and Safety Cmmnittee shall be established which is com posed of two Employer representatives m1d two U1lion U1lion representatives. The cmmnittee shall meet once eve1y three (3) months to jointly mmlitor, inspect, investigate and review Health m1d Safety conditions and practices. Employees appoir1ted to tl1e Cmmnittee shall perform the duties assigned to tl1em without loss of pay.

Transportation to tl1e nem·est hospital lor employees requiring medical cm·e as a result of m1y injmy during workir1g homs shall be at the expense of tl1e Employer.

14 .. 04 The Employer shall provide first aid kits in the stalT lounge; botl1 pm·ties will ensme tl1at tl1e kits m·e in good condition, accessible, m1d available to employees at all tUnes.

14.05 No Employee shall be required to work on any job or operate mry piece of equipment m1til he/she has received the proper trairling and instructions. Consmners m·e responsible for directing their· ovvn cm·e m1d as such will participate ir1 the trai1ling process.

14.06 The Employer will continue its practice of providing staJT assist<mce as necessmy when an Employee must perform heavy lilting.

14 .. 07 No Employee shall be disclm·ged or otherwise disciplined for refusing to work when he/she has <m honest belief tl1at it would endm1ger his/her or any other person's health or safety. An Employee may not exercise tllis right if the refusal to perlonn the work places tl1e life, healtl1, salety or physical well-beir1g of m10tl1er person in immediate dm1ger. Employees will report m1y such hazm·dous situation to tl1e Healtl1 m1d Safety Cmmnittee for ilmnediate ilwestig-dtion.

1'1..08 Havil1g regard to tl1e safety and health of both consumers m1d st<ill, the Employer agTees to encomage tl1e use of safer beds m1d/or Hoyer Wls where deemed necessmy.

14.09

14.10

The Employer agrees to reimbmse an Employee classified as Housekeeper for clotlling used il1 the comse of the Employee's workplace duties, to <Ul mmual ma;xilnum of one hundred ($100) lll receipted pmchases.

Wherever practicable the Employer will assig11 female staff to work witl1 female consumers (if requested by tl1e consmner) witl1 respect to personal cm·e (eg. treatments) except il1 emergency situations.

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Article 15 - Holidays

15.01 The Employer agTees to recognize the following paid holidays for all senimity employees: New Year'~ Day Labour Day Good F1iday Cluislmas Day Victoria Day Boxing Day Canada Day _Easter Sw1day

.,,Civic Holiday Thanksgiving Day or days celebrated in lieu thereof.

15.02 The Employer agrees to gnmt one (1) ammal floating holiday with pay to all full-lime seniority employees V\~th six (6) months of service. This day is to be tal<.en at a mutually convenient time, or to be tal<.en on the Employee's birthday if requested. Employees must tal<.e their paid floater day and are not entitled to payment in lieu of such paid floater day.

15.03 a)

b)

c)

Full-lime seniority employees shall receive one (1) day's regular pay for each of the holidays listed in Article 15.01, provided they fulfil the requirements of Article 15.06. Part-time seniority employees who have worked eleven (11) days in the four (4) week pe1iod preceding the holiday will receive holiday pay for each of the holidays listed in Article 15.01, provided they fulfil the requirements contained in Article 15.06. Holiday pay for such part-lime employees shall be equivalent to the average of an Employee's daily earnings, exclusive of overtime, for days worked in the thirteen (13) week pe1iod preceding tl1e holiday.

Work throughout his/her scheduled shill on the paid holiday after agreeing to work tl1e holiday w1less excused by the Employer.

15.04 a) When an Employee who qualifies for a paid holiday works on a holiday, he/she will be paid for all homs worked on tl1e holiday at his/her regular rate of pay and shall receive a paid day off in lieu of tl1e holiday. b) When an Employee who does not qualifY for a paid holiday works on a holiday, he/she mil be paid one-and-one-half (1-1/2) times their regular rate of pay for all hours worked on tl1e holiday. c) All seniority employees who work on Christmas Day, NewYears Day, Labour Day, Victoria Day and 1lmlksgiving Day will be paid one-and-one-half (1-1/2) times their regular rate of pay for

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15.05

15.06

15.07

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all hours worked on the holiday. Employees who qualily under the provisions of Article 15.06 will also receive a lieu paid holiday. When a full-time seniority Employee works a holiday and elects not toTake llis/her lieu holiday "'~tl1 pay, the Employee shall receive double-time-and-cine-half (2T-l/2) for· tl1e hours worked on the holiday.

Lieu holidays for qualill.ed employees shall be tal<.en at a time convenient to the Employee provided tl1ere is mutual agreement between the parties. The Employer mil not umeasonably withhold tllis agTeement where the Employee gives ten (I 0) days notice. The lieu day must be tal<.en w:itllin three (3) months of the holiday worked unless there is mutual agreement to extend the entitlement to paid time off from work. Otherwise, the Employer shall mal<.e payment for the lieu holiday at tl1e end of the tln-ee (3) month period. Statutmy Holidays shall be paid at ten hours per pay for employees on permanent night slllft.

In order for ;m Employee to be eligible for holiday pay in accordance V\~lh tllis Article, the Employee must: a) be a full-lime se1limity Employee, or be a part-time seniority ~mployee having worked eleven (11) days in the four (4) week penod

preceding the holiday; . b) work his/her last scheduled day of work immediately precedmg and first scheduled day of work inunediately following tl1e paid holiday unless absent for good cause and excused by the Employer;

When an Employee is scheduled to work on a paid holiday, and docs not work, he/she will not be paid for the holiday unless excused by tl1e Employer.

15.08 Requests to work on a paid holiday shall be subnlitted in wTiting at least tvvo (2) weeks in advance of the Holiday.

15.09 Whenever possible, the Employer ~~1 ensure that employees receive pay cheques on tl1e normal Thmsday pay day including weeks covering public holidays.

Article 16 - Vacations

16.01 All employees of the Employer who have completed one (1) year of service shall be entitled to two (2) weeks of vacation w:itl1 vacation pay equal to [om percent (4.%) of gross wages annually.

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16.02

16.03

All full-time employees of the Employer who have completed four

(4) years of service shall be entitled to three (3) weeks vacation with

vacation pay equal to six percent (6%) of gross wages annually. All

part-time employees who have completed four (4) years of service

shall receive tvvo (2) weeks vacation with vacation pay equal to six

percent (6%) of gToss wages. All full-time employees who have com

pleted six (6) years of service shall be entitled to four ('!) weeks vaca

tion witl1 pay equal to eight percent (8%) of gross wages annually. All

part-time employees who have complet~d five (5) years of service

shall receive tlu·ee (3) weeks of vacation with vacation pay equal to six

percent \6%) of gTOss wages annually.

Effective April 1, 2000, all full-time employees who have com

pleted 19 years of service shall be entitled to five (5) weeks vaca

tion equal to ten percent (10%) of gross wages annually.

If a paid holiday falls or is observed dming an Employee's vacation

pe1iod he/she shall be allowed an additional vacation day which shall

be consecutive with the Employee's vacation period.

Vacations will be talten at such times of the year as will not interfere

with the eilicient scheduling of employees and must be ananged and

approved by fue Employer. The Employer will endeavom to accom

modate the requests of employees provided such vacation does not

unreasonably interfere with the efficient scheduling of work. In cases

of dispute and insofar as possible, employees with greater seniority

will be given fmt preference as to the time of their vacation. Vacation

schedules shall be posted by March 1 of each year.

Article 17 - Transportation

17.01 Whenever an Employee is required to use tl1e public transportation

system in the course of llis/her duties dwing the work day, such Em

ployee shall be provided with bus fare for that purpose.

Article 18 - Sick Leave

18.01 Employees absent fi·om work due to illness or non-compensable in

jury shall be gTanted sick leave provided that ilh1esses in excess of

tl1ree (3) days must be covered by a medical certificate verifying the

illness/injmy and stating a return to work date.

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18.02 All se1limity employees will be entitled to eight (8) hours sick pay for

each one-hm1dred-and-seventy-two (172) paid homs received. EiTec

tive calendar year 1990, all sick days accmnulated but not used dming

the calendar year will be paid to each Employee at calendar year end

to a maximum of tvvelve (12) sick days. An Employee has the option

to cany over three (3) of the twelve (12) day maximmn into the fol

lowing year. Employees may use any cany-over of mmsed sick days

during the following calendar year only. The Employer will malte its

best efforts to malte any such payments p1ior to December 25.

18.03

An Employee working the ten (1 0) hour shift will have the option to

talte ten (10) homs sick time up to a total ofllinety-six (96) hours sick

pay.

An Employee claiming paid sick days shall report his/her illness or

injmy at least eight (8) hours in advance of tl1e Employee's next

scheduled sllift, mliess the Employee is unable to do so with good

cause. An Employee on sick leave shall give at least eight (8) hours

advance notice of llis/her return to work . It'

Article 19- Benefits

19.01 The Employer agTees to pay one hundred percent.((OO%) of the cost . '

of OHIP premimns lor all fUll-time employees and: part-time employ-

ees working sixty (60) regularly scheduled hours in a pay period, after

completing probation, or as provided for by government legislation if

a gTeater benefit to employees.

19.02 The employer agrees to continue the current coverage under the

group insurance plan (or its equivalent) for eligible employees as

described in Atticle 19.01. The dental coverage shall be paid consis

tent with the previous years ODA schedule. Life insurance and

AD&D for all eligible staff will be $40,000.00 per life.

19.03 The Employer agTees to provide the U1uon office with a copy of the

Healtl1 and Wellare Plan and any amendments thereto witllin three

(3) months of ratification.

19.04 The employer agrees to establish an employee Canada Savings Bond

deduction on a volm1tmy basis.

~ ~a:h Employee of l'j ucleus I1~dependent Living ~ill be entitled to

~ VISIOn e<u·e coverage of up to $175.00 eve1y two yem·s.

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Article 20 - Rates of Pay and Classifications

20.01 Job classifications and rates of pay shall be as set forth in Appendi.x "A" attached hereto and forming part of this Agreement.

Article 21- Report Pay ' 21.01 An Employee reporting for work on a scheduled shill shall be pro

vided with a minimum of four (4.) hours work or four (4) hours pay at the regular straight-time hourly rate. A current phone number shall be provided by each Employee.

Article 22 - Meal Allowance

22.01 When an Employee is required to work in excess of twelve (12) consecutive hours, the Employee shall be paid a meal allowance of ten ($10) which shall be added to the Employee's pay cheque as a nontaxable benefit.

Article 23- Hours ofWorkand Overtime

23.01 Each Employee shall be entitled to a 30-minute paid lunch when working a shift of more than··five homs.

23.02 Employees may agree to exchange shifts provided that no additional overtime costs result to the Employer as a result of the exchange and provided the Employee advises the Employer in 1vriting of the exchange, wherever possible no later than tl1e start of the exchanged shill. If the reason for the shill exchange is to enable an Employee to attend an educational progTamme, and, provided suliicient notice is given, the Employer agTees to continue its present practice of cooperating in shill scheduling and shili: exchange.

23.03

recognized that the Employer has a commitment to maintain service to consumers and employees will co-operate with overtime requests insofar as possible. An Employee acting as a monitor may not leave !lis/her shill until the next shill is covered by a least one (1) Employee.

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23.0'1 Work performed in excess of eighty (80) hours in a pay period shall be considered as overtime and shall be paid at the rate of time-andone-half (T-1/2). The Employer will not alter the Employee's schedule to avoid paying overtime without the consent of the Employee.

23.05 Full-time employees shall normally be scheduled to work eighty (80) hours in a two (2) week period.

23.06 No lull-time Employee shall be required to work more than one (1) weekend in any consecutive tvvo (2) week period. No part-time Employee shall be required to work more than three (3) weekends in a consecutive four (4) week period wliess the Employee requests otherWise .

23.07 a) Employees' work schedules shall be posted two (2) weeks in advance of the schedules becoming e!Iective where practicable. Schedule changes will be subject to the needs of the conswners. Employees allected by any such change will be notilied of the change at least twentyDfour (2,1.) homs in advance and may decline such change of slllii: in emergency situations.

23.08 In the event that the Employer plans to permanently alter the cmrent starting or finislling times for any shili:, the Employer will provide the/ Union with one (1) month's written notice. TI1e Employer will meet with the Union's committee witllin five (5) working clays of a written request li·otn the Urlion in order to discuss the maller and to give good faith consideration to any representations made by the Urlion cotmnittee.

Article 24 - Term of .A...greement

2'1.01 This agreement will become effective as of April 1, 2006 and will remain in effect through March 31, 2009 and from year to year thereafter, unless either party gives notice in writing to the other, of termination or of amendment, not more than ninety (90) days and not less than thirty (30) days prior to date of expiration.

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Signed tllis 30tll day of March, 2006 at Toronto.

For the Employer For the Union

Kristina Hall AI Reeves Laura Awosanya Bmce Francis

Plllllip Paul DavidAmow Tony Sewell

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Appendix "A"

RATES OFPAY,JOB CLASSIFICATIONS

Attendant and Housekeeper

Effective Effective Time in Job Ap1il1, 2007 Ap1il1, 2008

Start

After probation (but not earlier than 3 months)

After 12 months

After 24 months

$ 15.04

$ 16.51

$ 16.90

$17.46

Increase to pension conuibution Effective

Ap1il 1, 2006 0.25

Shift Mmlitors

$15.19

$16.67

$17.07

$17.63

Effective Ap1ill, 2007

0.07

Eilective Ap1ill, 2008

0.07

A list will be posted of those employees who have the necessary skill ar1d ability to be mmlitors. Where two or more employees who have been so deemed qualified ar·e scheduled to work tl1e sarne shill, the most se1lior Employee shall be the shift monitor for tlmt sllift. The Shift Mmlitor Pre1nium will be sixty cents ($0.60) per hour. The first five (5) minutes of each Mmlitor's slllit shall not be booked and shall be reserved for orientation ar1d pape1work, subject to urgent consumer needs wllich shall take p1imity.

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Letters of Agreement between the parties

LOCKERS,

POLICY MANUAL, SICK DAYS

The following letters do not form part of the formal collective agreement. They are included here for yom information.

Lockers The Employer will provide safekeeping lockers for all employees. For health reasons, the lockers may be periodically inspected by representatives of the Health and Safely Committee in the presence of the Employee. The Employee will be given 2,1 homs notice of any inspection.

Policy Manual Nucleus policy and procedmes manual will retlect that the Employer will mal~e its best efforts to ensme that consumers reporting to the StalT Lounge limit ti1eir visit to essential communications.

Sick Days Tllis will confirm the agreement of ti1e parties with respect to the proper interpretation of Sick Day entitlements as follows: 1) Any unused sick days accumulated Ii·om Januaty 1 tin·ough Decem

ber 31 in atly yeat· will be paid out at Christmas time (to a maximum of 12), or at the Employee's option, the totaJ unused sick days (to a maximum of 12) may be split between a maximum of 3 days catTied over into the next calendat· yeat· atld a payout at Christmas time for atly remaining unused sick days. In no case shall the payout/ cat1yover exceed atl aggregate maximum of 12 days;

2) The calculation at Cln'islmas time will cover only days actually accumulated dw1ng the calendat· yeat·. It will not include atlY unused cat·Iyover li·mn ti1e previous yeat·. Such cat·1yover days will be forfeited if not used dming the calendat· yeat·.

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Letter of Agreement - Article 14,

Healili and Safety Certification Training

The Employer agrees to provide the required H,ealth & Safety Certification training for one (1) Union Healti1 & Safely Cmmnittee member as designated by the Uilion, wllich u·aining shall begin not later thatl October 1, 199Lf, through ti1e Worker's Health & Safety Centre.

The pat·ties agree to submit a joint letter to ti1e appropriate Millishy seelill1g flillds for ti1e costs (including tuition, comse expenses, <md lost wages) for ti1e certification of a second wlion healti1 & safety cmmruttee member regulat'ly workmg atilie other project location. Upon receipt of flilldlllg, such second committee member will be scheduled to begil1 the comse witilin one month .

Letter of Agreement - Medical Certificate

The Employer agrees to pay for the fee chat·ged by a medical practitioner for ·. ilie WI'iting of atly certificate requil·ed by the Employer for Employment related atmual physical exatnil1ation.

Confidentiality

Tllis will conlinn ti1e assmatlce ti1at mat1agement respects ti1e conlidentiality of the information concenling employee's personal affairs that it may become awat·e of Ii·mn time to time.

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