Collective Agreement between Ontario Public Service Employees … · 2016-08-08 · Collective...

Collective Agreement

between

Ontario Public Service Employees Union on behalf of its Local 512

and

Central Toronto Youth Services

DURATION: April1, 2008- March 31,2011

/#/\ OPSEU WWsEFPO

Uncontrolled copy of 5-512-348-20110331-15

Sector 15 5-512-348-20110331-15

INDEX

ARTICLE PAGE#

PREAMBLE ..................................................................................................................... 3

ARTICLE 1 -RECOGNITION .......................................................................................... 3

ARTICLE 2 - MANAGEMENT RIGHTS .......................................................................... 3

ARTICLE 3- NO DISCRIMINATION ............................................................................. .4

ARTICLE 4- JOB SECURITY ......................................................................................... 5

ARTICLE 5 - REPRESENTATION ................................................................................. 5

ARTICLE 6- DUES CHECK OFF ................................................................................... 7

ARTICLE 7 - STRIKES OR LOCK-OUTS ....................................................................... 8

ARTICLE 8- GRIEVANCE PROCEDURE ..................................................................... 8

ARTICLE 9 - ARBITRATION ........................................................................................ 10

ARTICLE 10 - JOINT HEALTH AND SAFETY (JHSC) ................................................ 11

ARTICLE 11 - WORKPLACE SAFETY AND INSURANCE BOARD SUPPLEMENTS 12

ARTICLE 12- SENIORITY ........................................................................................... 12

ARTICLE 13- POSTINGS, TEMPORARY TRANSFERS AND PROMOTIONS .......... 14

ARTICLE 14- POSITION DESCRIPTION .................................................................... 15

ARTICLE 15 - LAYOFF AND RECALL. ........................................................................ 16

ARTICLE 16 - TECHNOLOGICAL CHANGE ............................................................... 17

ARTICLE 17 - LEAVES OF ABSENCE ........................................................................ 17

ARTICLE 18- HEALTH AND WELFARE BENEFITS ................................................... 23

ARTICLE 19 - EXPENSES ............................................................................................ 26

ARTICLE 20- WAGES .................................................................................................. 27

ARTICLE 21 -VACATIONS .......................................................................................... 27

ARTICLE 22- STATUTORY HOLIDAYS ...................................................................... 29

ARTICLE 23- HOURS OF WORK AND OVERTIME .................................................... 30

ARTICLE 24- PART-TIME, TEMPORARY EMPLOYEES AND FEE FOR SERVICE .. 32

ARTICLE 25- PERSONNEL FILES AND DISCIPLINARY NOTICES .......................... 32

ARTICLE 26- TERM OF AGREEMENT ....................................................................... 33

SCHEDULE A- PAY GRID Effective April1, 2008 ................................................... 35

SCHEDULE A- PAY GRID Effective April 1, 2009 ................................................... 36

SCHEDULE A- PAY GRID Effective April1, 2010 ................................................... 37

i


INDEX

ARTICLE PAGE#

LETTER OF UNDERSTANDING- ONE-TIME PAYMENTS ........................................ 38

LETTER OF UNDERSTANDING- FEE-FOR-SERVICE .............................................. 39

APPENDIX A- PARTICIPATION AGREEMENT ......................................................... .40

ii


PREAMBLE

The purpose of this agreement is to provide orderly collective bargaining relations between the Employer and its Employees covered by this Agreement through the Union, to secure prompt and fair disposition of grievances, to secure the efficient operation of the Employer's business without interruption or interference with work and to provide mutually satisfactory wages, hours and working conditions for the Employees. It is recognized by this agreement to be the duty of the Employer, the Union and the Employees to co-operate fully, individually and collectively, for the advancement of the said conditions.

While the female gender is used in this agreement it shall be deemed to include the male gender.

ARTICLE 1 - RECOGNITION

1.01 The Employer recognizes the Union as the sole bargaining agent of all Employees of the Central Toronto Youth Services, save and except all Managers and persons abov13 the rank of Manager and the Executive Administrative Assistant, Fee-for-Service (formerly contract workers) and Students.

1.02 The Employer agrees to notify the Union, at the Union's Regional Office, of the name and address of any new Employee within the bargaining unit.

ARTICLE 2 - MANAGEMENT RIGHTS

2.01 The Union recognizes that the Management of the Agency and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

a) maintain order, discipline and efficiency, and in connection therewith, to make, alter and enforce from time to time, reasonable rules and regulations, policies and practices to be observed by its Employees, provided they are not inconsistent with the express provisions of this Agreement, discipline or discharge Employees for just cause, provided that a claim of unjust discipline or discharge by an Employee who has completed the probationary period may be the subject of a grievance and dealt with as hereinafter provided;

b) select, hire, transfer, assign, direct, promote, demote, classify, lay-off or recall Employees and select Employees for positions excluded from the bargaining unit;

c) determine in the interest of the efficient operation and highest standard of service, the number of personnel required at any time; the hours of work; starting and quitting times; work assignments; working schedules; methods of doing the work;

3


the location of work; the sub-contracting of work; the number of shifts; the functions to be performed and the methods, procedures and equipment to be used; job content, quality and quantity standards; qualifications of an Employee to perform any particular job; use improved methods and equipment; decide when overtime shall be worked and require Employees to work overtime.

d) have the sole and exclusive jurisdiction over all operations, buildings, machinery, equipment and Employees.

2.02 The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this agreement. It is understood by the Union that the express provisions of this agreement constitute the only limitations upon the Employer's rights.

ARTICLE 3- NO DISCRIMINATION

3.01 The Union and the Employer agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practised by either party or their representatives because of membership or non-membership in the Union.

3.02 There shall be no discrimination, restraint or intimidation practised or permitted by the Employer or the Union or any of their representatives against any Employee because of sex, sexual orientation, gender identity, age, marital status, race, colour, religion, creed, national origin or political opinions.

3.03 The Employer, Employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code.

3.04 The parties agree that they will not tolerate, ignore or condone any type of improper comment or conduct that a person knows or ought to know would be unwelcome, offensive, or embarrassing. Including but not limited to: derogatory remarks, name calling, threats or other forms of intimidation, bullying, inappropriate jokes, innuendoes and teasing, insulting gestures, practical jokes, hate literature, actions which invade personal privacy, spreading rumours that damage one's reputation, arbitrarily refusing to work with another and inappropriate use of authority.

3.05 The employer must forthwith investigate reports of workplace bullying or psychological harassment- attempted, threatened or actual conduct of a person that causes or is likely to cause injury and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that s/he or another worker is at risk of injury - prepare a report in writing and make direct and proactive recommendations to address the current situation as well as prevent a recurrence of the incident if proven. A copy of this report is to be provided to the Joint Health and Safety Committee and to the affected workers.

4


ARTICLE 4 - JOB SECURITY

4.01 No Contracting Out

The Employer shall not contract out any work or services currently performed by bargaining Union members with the exception of those currently in place: cleaning contract and fee-for-service employees.

a) Employees who are excluded from the bargaining unit shall not perform duties normally performed by employees in the bargaining unit if it directly causes or results in the layoff of bargaining unit employees.

b) Volunteer and students do not replace employees or paid positions. The use of volunteers shall not be expanded beyond the existing practice or without prior consultation and agreement of the Union.

c) If fee-for-service employees worked regularly 17.5 hours or more per week over a six (6) month period or more, they shall then be consider bargaining unit employees.

ARTICLE 5- REPRESENTATION

5.01 The Union will keep the Employer informed of its stewards, committees and local regional representatives.

5.02 For the purpose of this Agreement, the name and position of each Committee member, the areas they represent and the effective date of their appointment shall be given to the Employer in writing.

5.03 No individual member or group of members shall undertake to represent the Union at meetings with the Employer without the authorization of the Union.

5.04 The Union may elect or appoint not more than three (3) members from amongst Employees in the bargaining unit, who have completed their probationary period to serve on such committees. Every reasonable effort will be made to elect or appoint members from different programs/teams to serve on any one committee at any one time.

5.05 The Employer recognizes the following committees: Joint Health & Safety Committee (JHSC), Negotiating Committee, Employer/Employee Relations Committee (EERC).

5.06 The privilege of committee members and stewards to leave their work without loss of pay or benefits to attend to Union business is granted on the following conditions:

a) such business must be between the Union and the Employer; and

b) the time shall be devoted to the prompt handling of necessary business; and

5


c) the committee members concerned shall obtain the permission of the supervisor concerned before leaving their work. Such permission shall not be unreasonably withheld.

5.07 The Employees will be allowed to hold Union business meetings on the Employer's premises provided that such meetings do not interfere with agency business and provided permission for such meeting is obtained in advance from the Executive Director or designate. Such permission will not be unreasonably denied.

5.08 Working Conditions

The Employer agrees to provide a thirty (30) minute period for new employees to be introduced to their Local Unit Steward.

5.09 Negotiating Committee

The Employer agrees to recognize a bargaining committee consisting of up to three (3) Employees plus the Union Representative for the purpose of amending or renewing the present Agreement.

5.10 Negotiating Time

Employees serving on the Union's Negotiating Committee shall be paid at the normal straight time rate of pay, for scheduled negotiating meetings during regular work hours, up to a maximum of two (2) conciliation meetings.

It is understood and agreed that, with prior notice, either party may be represented or assisted by an outside representative at any meeting of the committees listed in Article 5.05.

5.11 Employee/Employer Relations Committee (EERC)

a) The above committee shall be comprised of two (2) appointees of the Employer and two (2) appointees of the Union (one from the Wellesley and one from the Adelaide site), all of whom shall be Employees of the Employer.

b) The purpose of the committee shall be to provide joint consideration of various concerns which may arise in the day-to-day activities of Employees or issues such as: correcting conditions making for grievances and misunderstandings. However, under no circumstances shall matters be discussed that are the subject of negotiation of this Agreement or matters that at the time of the meeting are subject of a grievance or arbitration. All discussions, and/or agreements on any matter that takes place during these meetings shall be made on a without prejudice basis.

6


c) Meetings will be schedule every three (3) months. Meetings can be postponed with the mutual consent of both parties. Notwithstanding, either party may formally request that a special meeting be held sooner if necessary. The parties will alternate meeting locations between the Wellesley and the Adelaide site. Meetings of this committee will be held during normal work hours.

d) It is the joint responsibility of the Union and the Employer Chairperson to conduct the EERC meetings. The Chair responsibilities shall alternate between the two parties.

e) Agenda items shall be assembled and exchanged by the parties no later than one (1) week in advance of the EERC meeting. The person who has Chair responsibilities for the meeting shall be responsible for preparing and distributing the Agenda.

f) The Employer will prepare and issue the initial draft minutes to the other party within two (2) weeks following each EERC meeting. The parties will endeavour to sign and distribute the final minutes within four (4) weeks of the meeting. Minutes of EERC meetings will be approved and signed by both parties before distribution.

5.12 Copies of the Agreement

The Employer and the Union desire each Employee to be familiar with the provisions ofthis Agreement and her rights and obligations under it. For this reason, the parties shall share the cost of printing, and distribute sufficient copies of this Agreement to its Employees.

5.13 Bulletin Boards

The Employer will provide a bulletin board, approximately 2' x 3', in each work location for the posting of notices of Union business which shall be initialled by a Union Representative.

ARTICLE 6 - DUES CHECK OFF

6.01 The Employer agrees that it will deduct each pay period, a sum equal to regular Union dues from each Employee in the Bargaining Unit, from day one of employment. The Employer agrees that it will remit the total amount of such deductions to the attention of Accounting Department of the Union, 100 Lesmill Road, North York, Ontario, not later than the 151

h (fifteenth) day of each month following the month that deductions were made. The remittance shall be accompanied by a list of the names and social insurance numbers of those Employees for whom deductions have been made.

6.02 The Employer agrees to include the annual total of dues deducted on each Employee's T -4 slip.

7


6.03 The Union will advise the Employer in writing of the amount of its regular dues. The amount so advised shall continue to be deducted until changed by further written notice to the Employer.

6.04 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 7 - STRIKES OR LOCK-OUTS

7.01 There shall be no strikes or lock-outs so long as this Agreement continues to operate. The words "strike" and "lock-out" have the meaning attributed to them in the interpretation section of the Ontario Labour Relations Act.

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 It is the intent of this Agreement that an earnest effort be made by both parties to settle as quickly as possible any complaints or differences between the parties arising from the application, interpretation, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable.

8.02 An Employee who believes she has a complaint or a difference, as described in Article 8.01, shall first discuss the complaint or difference with her supervisor within ten (1 0) working days of the situation giving rise to the complaint or difference. The Employee may be accompanied by her Steward if she so desires.

8.03 If any complaint or difference is not satisfactorily settled by the Supervisor within ten (1 0) working days of the discussion, it may be processed within an additional ten (1 0) working days in the following manner:

8.04 Stage One

The Employee may file a grievance in writing with the Employee's Supervisor. The written grievance, signed by the Employee, shall state the nature of the grievance, the section or sections of the Collective Agreement that are alleged to have been violated, and theredress sought. The Employee's Supervisor shall give the griever her decision in writing within five (5) working days of the submission of the grievance.

8.05 Stage Two

If the Employee is dissatisfied with the decision of the Employee's Supervisor, the written grievance, signed by the Employee, must be presented to the Executive Director or designate by the griever within ten (1 0) working days from the date of receipt of the Supervisor's reply in the first step of the grievance procedure.

8


8.06 Within five (5) working days of receipt of the grievance, the Executive Director, or

designate will arrange a meeting if necessary with the grievor and her Steward.

8.07 Within five (5) working days of this meeting the Executive Director or designate shall give

their decision in writing.

8.08 Discharge Grievance

a) A grievance involving the discharge of an employee who has successfully

completed her probationary period must be reduced to writing and originated under

Step 2 within ten (1 0) working days of the employee being notified of discharge.

The nature of the grievance, the remedy sought, and the sections or sections of the

Agreement which are alleged to have been violated must be set out in the

grievance, which shall be signed by the employee. Notwithstanding anything in this

Agreement, a probationary employee may be disciplined or discharged at the sole

discretion of and for any reason satisfactory to the Employer provided the Employer

acts in good faith. The parties agree that such standard amounts to a lesser

standard than just cause in accordance with the provisions of the Labour Relations

Act as amended by Bill40 and that such action by the Employer is not subject to the

grievance and arbitration procedures and does not constitute a difference between

the parties.

b) The following aCtions shall constitute just cause for immediate dismissal. However,

the employee may grieve whether or not the specific act outlined below has

. occurred. If the act is found to have occurred, the penalty is not reviewable by the

Arbitrator:

(i) the physical, sexual or mental abuse of clients;

(ii) use of alcohol or illegal substances while on duty. or, working under the

obvious influence of these substances;

(iii) falsification of clinical records;

(iv) deliberate and intentional breach of confidentiality.

8.09 Policy Grievance

A grievance arising directly between the Employer and the Union concerning the

interpretation, application or alleged violation of the Agreement must be originated under

Step No. 2 within fifteen (15) working days of the event giving rise to the grievance. The

nature of the grievance, the remedy sought and the section or sections of the Agreement

which are alleged to have been violated shall be set out in the grievance. However, it is

expressly understood, that the provisions of this paragraph shall not be used by the Union

9


to institute a complaint or grievance directly affecting an employee who such employee could she/he institute and the regular grievance procedure shall not be thereby bypassed.

8.1 0 Group Grievance

Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign the grievance form and submit the grievance at Step 2 within fifteen (15) working days of the event giving rise to the grievances. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The grievances shall be processed as one grievance subject to all applicable provisions under the grievance procedure.

8.11 If the Employer fails to reply to a grievance within the time limits set out at any stage above, the grievance may be submitted to the next stage of the grievance procedure.

8.12 Time limits referred to in the grievance procedure and arbitration procedure may be extended by mutual agreement if specified in writing.

8.13 In this Article, days shall include all days exclusive of Saturday, Sunday and designated holidays.

8.14 The Employee, at her option, may be accompanied and represented by a Union Staff Representative and/or Union Steward at all stages of the grievance procedure.

ARTICLE 9- ARBITRATION

9.01 Should either party wish to refer a grievance to arbitration, written request for arbitration shall be made by registered mail to the other party within fifteen (15) working days of the date the Stage 2 decision was due. If no such written request for arbitration is received within the time limit then it shall be deemed to have been abandoned.

9.02 The party requesting arbitration shall indicate in its written request, the name of its nominee to the Arbitration Board.

9.03 Within ten (1 0) working days thereafter, the other party shall answer by registered mail by indicating the name and address of its nominee to the Arbitration Board. The two (2) nominees shall then select an impartial chairperson, so that the Arbitration Board will be composed of one (1) person appointed by the Employer, one (1) person appointed by the Union and a third person to act as chairperson chosen by the other two (2) members of the Board.

9.04 If either party fails to appoint a nominee within the time limits set out above, or if the two (2) nominees fail to agree upon a chairperson within ten (1 0) working days of their appointment or within such time as may be agreed upon, the Minister of Labour of the

10


Province of Ontario may be asked to nominate a person to act as chairperson upon request of either party.

9. 05 The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final and binding and enforceable on all parties, but in no event shall a Board of Arbitration have the power to change this Agreement, or to alter, modify or amend any of its provisions, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement:

9.06 Each party shall pay:

a) the fees and expenses of its nominee to the Board of Arbitration; and

b) one-half (%) of the fees and expenses of the chairperson.

9.07 Expedited Arbitration

Notwithstanding the foregoing prov1s1ons of this Article, either party hereto, may in substitution for the above procedure apply in writing for the appointment of a single arbitrator under Section 45 of the Ontario Labour Relations Act.

ARTICLE 10 - JOINT HEALTH AND SAFETY (JHSC)

10.01 It is the responsibility of the. Employer to provide a safe and healthy working environment for all of its' Employees, and it is incumbent upon such Employees of the Employer to ensure that such an environment is maintained at all times. The Employer and the Union shall in general, in any and all areas not otherwise covered by the Ontario Health and Safety Act, cooperate in improving rules and practices which will provide adequate protection to employees. To this end, the Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act, 1978, amendments thereto or successors thereof.

10.02 The Employer commits to giving priority during the term of this Agreement to the development of policies and procedures with respect to violence in the workplace. Such policies and procedures will be developed in consultation with the Joint Health and Safety Committee prior to implementation.

10.03 At least once a year, the harassment and bullying prevention and control measures, procedures, practices, equipment and training shall be reviewed and revised in light of current knowledge and practice.

10.04 The Employer will provide training on harassment and bullying prevention and control measures, policy, procedures, practices, equipment and training for the health and safety of workers. The Employer shall provide such training with no loss of pay or benefits to employees.

11


10.05 The Joint Health and Safety Committee will review compliance with the harassment and bullying prevention and control measures, policy, procedures, practices, equipment and training during their physical inspection of the workplace.

ARTICLE 11 - WORKPLACE SAFETY AND INSURANCE BOARD SUPPLEMENTS

11.01 When an Employee is absent from work by reason of an illness or injury occasioned by or as a result of her duty and where the Employee is in receipt of Workplace Safety and Insurance Board benefits (currently 90%), the Employer agrees to make up the additional amount necessary so as to provide that the total payment to the Employee shall approximate but not exceed the Employee's regular pay.

This make up does not apply where the Employee has been awarded a partial or full pension by the Workplace. Safety and Insurance Board.

11.02 It is understood that an Employee on Workplace Safety and Insurance Board benefits continues to receive all applicable benefits she would have had, had she not been absent.

No loss of seniority will occur to an Employee who is receiving Workplace Safety and Insurance Board benefits.

ARTICLE 12 - SENIORITY

12.01 Seniority as referred to in this agreement shall mean length of continuous service in the employ of the Employer in the bargaining unit.

12.02 Seniority List

Separate seniority lists for both part-time and full-time Employees shall be maintained by the Employer and posted on Union bulletin boards in January and July of each year of this Agreement. An Employee who transfers from part-time to full-time shall be given pro-rated credit for the time worked as part-time.

12.03 Probationary Period

New employees shall be hired on a probationary basis as follows:

All employees- one hundred and twenty (120) days of work.

In the event of illness during the probationary period requiring the employee to leave work during a shift, a day of work for the purposes of this Article is defined as one where the employee works five or more hours.

12


By mutual agreement of the parties the above probationary period may be extended.

No additional probationary period shall be required if an employee:

a) changes status (Part-Time to Full-Time or vice-versa)

b) accepts another position within the bargaining unit

c) is promoted within the bargaining unit

12.04 An Employee shall be deemed terminated and lose seniority if an Employee:

a) voluntarily quits; or

b) is discharged for cause and not reinstated; or

c) is laid off from work and fails to return to work within ten (1 0) working days from the receipt of the Employer's registered notice to return to work unless she presents a reasonable explanation acceptable to the Employer. Such acceptance shall not be unreasonably denied; or

d) fails to return to work upon termination of an authorized leave of absence unless she presents a reasonable explanation acceptable to the Employer. Such acceptance shall not be unreasonably denied; or

e) utilizes a leave of absence for a purpose other than which the leave was granted and without the prior written permission of the Employer; or

f) is absent from work for a period of three (3) working days without notifying the Employer, unless she can substantiate that she was unable to return due to illness, accident or other cause which prevented the Employee from notifying the Employer; or

g) is laid off or does no work for the Employer for the lesser of one year or the employee's length of seniority, except where she has been granted a leave of absence beyond this point;

h) has been absent from scheduled work for a cumulative total of four (4) or more scheduled work days in any nine (9) month period without authorization or contact with the Employer and cannot provide a reason which is satisfactory to the Employer;

i) has been absent from work for a period of twenty-four (24) consecutive months. This Article refers to only those employees who begin such an absence on or after April1, 1997.

13


ARTICLE 13 - POSTINGS, TEMPORARY TRANSFERS AND PROMOTIONS

13.01 Postings

In cases of filling all vacancies within the bargaining unit consideration shall be based on the following factors:

a) skill, educational qualifications and/or equivalent experience and the ability to perform the requirements of the position; and

b) where qualification and ability are relatively equal, seniority shall govern.

13.02 When a vacancy occurs or a new position is created inside the bargaining unit, the Employer shall notify the Local Unit Steward in writing and post notice of the position on the bulletin board mutually designated for this purpose and send e-mail copies of the notice to all CTYS staff.

The notice shall be posted for a period of not less than seven (7) working days, however, if the filling of this position creates a vacancy in the present staffing positions, then the posting requirements shall be reduced to a minimum of five (5) working days. Further, vacancies brought about by the filling of primary and secondary positions will require five (5) working days posting minimum also.

13.03 The Employer with the Union's agreement may waive the provisions of Article 13.02 above if:

a position is deemed vacant and the position has been filled by a Temporary employee on a time limited contract.

13.04 Such notice shall contain the following information:

nature of the position; qualifications for the position; shift; salary rate or range.

13.05 All applicants from within the bargaining unit shall be given first consideration for the position. Qualified applicants shall be interviewed for the position. This does not preclude concurrently advertising externally and only considering external applicants after all internal qualified applicants are given consideration.

All applicants shall be notified in writing of the reason(s) they did not receive the position applied for three (3) working days prior to consideration being given to applicants from outside the bargaining unit.

14


13.06 The successful applicant shall be placed in the position for a familiarization period of two (2) months. In the event the successful applicant proves unsatisfactory in the position during the familiarization period, or if the Employee is unable to perform the duties of the new job classification, or if the Employee wishes to return to her previous job, every effort shall be made to return her to her former or a similar position, at her former salary, without loss of seniority.

13.07 The Local Unit Stewards shall be notified of all appointments and recalls within five (5) working days.

13.08 Employees who are promoted in accordance with this Article will be paid the first rate of pay of the new classification to which they are promoted which is higher than their present rate of pay.

13.09 Temporary Transfers

a) Except as provided for in (b), when an employee is temporarily transferred to perform all the duties of a higher paying classification than their own, they will continue to receive the pay for their own ciassification unless such transfer continues for more than five (5) consecutive working days. If the transfer continues for more than five (5) consecutive working days the change in wage rate shall apply from the beginning of such transfer and shall be at the rate which is the next higher than their present rate but in the range to which they are transferred.

When an Employee is temporarily transferred to a lower paying position their rate shall not be thereby reduced. For the purpose of this article, a temporary transfer means a transfer that will last until the absent Employee returns to work or if it is the result of a vacancy as determined by Article 13.02, until such time as a qualified employee becomes available.

b) This article shall not apply when an Employee is temporarily required to perform some of the duties of an employee who is absent for twenty (20) consecutive work days or less.

13.10 An employee selected as a result of a posted vacancy need not be considered for a further permanent vacancy for a period of up to six (6) months from the date of her selection.

ARTICLE 14- POSITION DESCRIPTION

14.01 The Employer agrees to provide to the Union job descriptions for all bargaining unit positions within thirty (30) calendar days of ratification of this Agreement.

14.02 All employees are entitled to have in their possession, a copy of their current Position Description.

15


ARTICLE 15 - LAYOFF AND RECALL

15.01 A layoff is defined as a reduction in the work force for whatever reason other than by termination of probationary Employees, or discharge for just cause. The Employer will give written notification to the Union thirty (30) working days prior to or as soon as the Employer becomes aware of the pending layoff whichever comes first.

15.02 Within three (3) working days of the giving of such notice, the Employer/Employee Relations Committee shall meet and consider alternatives to the action contemplated, the requirements of the organization, staff/client continuity of care, educational qualification, training, expense and seniority in making recommendations as to how the layoff should proceed. The committee will make its recommendation to the Executive Director or designate.

15.03 When the Employer decides that circumstances require a reduction of personnel in any position and no· consensus recommendation has been received from the committee referred to in 15.02 above within five (5) working days from their meeting, the Employer will proceed as follows:

• probationary Employees performing the work in question shall be the first to be laid off· I

• thereafter, by seniority within the surplus classification;

• permanent Employees who are to be laid off may take the position held by the employee with the least seniority in their *seniority group, provided the Employee has the qualifications and ability to perform the work of the position.

15.04 Employees who exercise the right to bump into another position shall be paid the rate of the new position at the same progression level they presently hold.

15.05 No new Employee shall be hired while an Employee who is qualified to perform the work remains on layoff.

Employees who are qualified and who decline the offered position will be deemed to have terminated their employment.

* Seniority Group refers to (1) Administration (2) all others.

15.06 Severence

Employees who have not been recalled subject to the provision of Article 15 shall be paid severance pay in the amount of one (1) week's pay per years of service to a maximum of thirty-six (36) weeks. The entitlement is inclusive of any and all severance entitlements under the Employment Standards Act.

16


ARTICLE 16 - TECHNOLOGICAL CHANGE

16.01 In the event there is to be substantial change in technological equipment or process, or job duties, the Employer agrees to notify and meet with the Employee/Employer Relations Committee, as far in advance as possible, to discuss the implementation of methods by which such change shall occur.

ARTICLE 17 - LEAVES OF ABSENCE

17.01 Pregnancy/Parental Leave

a) Pregnancy/Parental Leave will be granted in accordance with the Employment Standards Act.

(i) Pregnancy Leave is a leave of absence without pay by reason of the employee's pregnancy for a period of seventeen (17) weeks.

(ii) Parental Leave is a leave of absence without pay for a period of thirty seven (37) weeks for a natural parent or a person with whom a child is placed for adoption, or a person who is in a relationship of some permanence with the parent of a child and who intends to treat the child as her/his own.

(iii) Birth mothers who take Pregnancy Leave are entitled to an additional thirty five (35) weeks of Parental Leave.

(iv) In order to qualify for Pregnancy Leave an employee must have commenced employment at least thirteen (13) weeks before her due date. To qualify for Parental Leave, an employee who is a new parent must have commenced employment at least thirteen (13) weeks before the leave begins.

b) An employee is entitled to one (1) week paid leave of absence for the birth/adoption of his/her child, provided he/she is not taking pregnancy/parental leave.

c) During the Pregnancy Leave or Parental Leave, an employee continues to participate in each type of benefit plan in accordance with Article 17 - Health and Welfare. The Employer shall continue to make the employee's contribution to all such benefit plans as if the employee was at work.

d) Seniority continues to accrue during Pregnancy Leave and Parental Leave.

17.02 The provisions of the sick leave plan do not apply to an employee who is entitled to commence or who has commenced a pregnancy/parental leave.

17:03 With the consent of the employer, a Parental leave of absence may be extended without pay in addition to the period set out in the Employment Standards Act for a total period of

17


up to twelve (12) months from the commencement of the leave Such leave will not be unreasonably denied and will be based on the needs of the Agency providing consistent and effective service to its clients. During the extension of this leave of absence, an employee shall continue to accrue seniority and may, at the employee's expense continue the benefits in effect at the commencement of the leave by a method arranged between the employee and the employer.

17.04 On return from Pregnancy Leave or Parental Leave, the employer shall reinstate the employee to the position s/he most recently held with the employer, if it still exists, or to a comparable position if it does not. The employee shall be paid at either the wage rate s/he was most recently paid by the employer or the wage rate s/he would be earning had the employee worked throughout the leave, whichever is greater.

17.05 Pursuant to the provisions of the article above and provided that an employee is eligible to receive Employment Insurance (EI) benefits, the Employer shall pay the employee a supplement to their El maternity or parental benefit as follows:

a) For the first two (2) weeks, payments equivalent to one hundred (1 00%) of normal gross salary (including any retroactive wage increase) of the classification, which the employee was receiving on the last day worked prior to the commencement of the Pregnancy Leave; and

b) Up to a maximum of thirty-five (35) weeks for Pregnancy/Parental Leave payment equivalent to the difference between the sum of the weekly El benefits the employee is eligible to receive and any other earnings received by the employee, and seventy-five percent (7 5%) of the actual weekly rate of pay for the classification, which the employee was receiving on the last day worked prior to the commencement of the pregnancy leave.

17.06 Personal and Sick Leave

a) Paid personal leave of up to two (2) days per calendar year may be granted to Employees when considered necessary by the Executive Director or designate. This leave provision is intended to cover immediate family and personal emergency situations.

b) Paid personal leave up to one (1) day per calendar year may be granted to Employees to cover medical or personal appointments.

c) Sick pay credits shall be used for sickness, accident and other medically related purposes including doctors and dentist appointments and illness of an employee and/or employee's family. Such a time shall be deducted in hours from their sick benefits.

d) All requests for doctor's notes, medical certificates, etc shall be paid for by the Employer.

18


e) Paid sick leave up to twelve (12) days per year shall be granted for absences due to sickness or accident. These days may be used as Mental Health days. An Employee shall be credited with twelve (12) days upon hire and each anniversary thereafter. It is understood and agreed that this allowance shall not accumulate from year to year and shall have no "cash out value".

f) Employees who are absent for more than three (3) consecutive work days may be required to provide the Employer with a medical certificate. In the event that an employee requires more than twelve (12) days sick leave in a given year, a note from a legally qualified medical doctor stating that the employee is unable to attend to her duties may be submitted to the agency if absent for more than one (1) consecutive work days.

g) Where, for reasons of health, an employee is frequently absent or unable to perform his or her duties, the Employer may require him or her to submit to a medical examination at the expense of the Employer.

h) Upon medical confirmation leave shall be granted as follows:

Eighty (80%) percent of regular salary for an additional (1 0) working days. Seventy-five (75%) percent of regular salary for an additional one hundred and ten (11 0) working days.

i) Failure to submit the doctor's note as referenced above shall result in loss of pay.

17.07 Bereavement Leave

a) Employees are entitled to five (5) days leave with pay upon the death of an immediate family member and shall be granted three (3) days leave with pay for the death of a secondary family member. The number of hours of pay shall be pro-rated for part-time employees.

b) Immediate family members shall be defined to include: partner, spouse, parents, child, sibling, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, niece, nephew or step-child.

c) Secondary family member shall be defined to include: aunts, uncles, former partner, first or second cousin, or any relative or individual to whom the employee was closely associated.

d) Any employee shall have the right in the case of death of an immediate family member to use any accumulated lieu time and/or vacation time to a maximum of three additional weeks, at the employee's option. Employees must notify their supervisor of their intention and the supervisor will not unreasonably withhold permission.

19


17.08 Employees will not be paid for regularly scheduled days off under this article.

17.09 Leave for Union Activities

a) Upon reasonable written notice a leave of absence without pay shall be granted by the Employer for an Employee elected or appointed to represent the Union at conventions, seminars, Regional or Divisional meetings. The Union agrees that not more than two (2) Employees shall be delegates at any one time.

b) When an Employee intends to seek office to an elected or appointed full-time position with OPSEU the Employee will advise the Employer at the time of making their nomination or application of the duration of the appointment.

c) Leave of absence (up to a maximum of ten (1 0) days per year) with no loss of pay and no loss of benefits shall be granted to an employee elected as an Executive Board Member of the Union. The Union will reimburse the Employer for the salary and benefits paid to the employee

17.1 0 Leave of Absence

After one (1) year of continuous service, a leave of absence with or without pay for other reasons may be granted, at the discretion of the Employer. Such leaves shall not be unreasonably denied.

a) Application for such leave shall be made in writing to the Employer as far in advance as possible, but in any event at least four (4) weeks prior to commencement of such leave. The application must clearly state the reasons for the leave of absence and the duration of such absence.

b) In the event of an Employee's absence without pay from the Employer in excess of thirty (30) continuous calendar days, the employee will not accumulate service or seniority for any purposes under the Collective Agreement for the duration of such absence. The benefits concerned shall be appropriately reduced and the Employee's anniversary date adjusted accordingly. During such absence the Employee will be responsible for full payment of all Employee benefits in which the Employee is participating. The Employee may arrange with the Employer to pre-pay to the Employer the full premium of such Employee benefits for the entire period of the leave or to pre-pay on a monthly basis for the entire period of the leave in advance of the Employee's obligation to forward the premiums, to ensure the Employee's continued coverage.

c) Upon return to work, the Employee shall be entitled to reinstatement to her former position or one comparable, at the rate of pay she was receiving when she went on leave.

20


17.11 Professional Development and Educational Leave

Professional Development

An employee who is required by the Employer to attend professional development programs, seminars, workshops, etc. shall continue to receive regular pay while attending such programs. Relevant expenses shall be borne by the Employer, such as travel from the office or from home whichever is lesser, parking, living expenses, registration cost and books.

Educational programs, seminars and workshops, etc., that are attended on a voluntary basis may be paid for by CTYS including registration, travel and living expenses. Reimbursement for such expenses will be at the discretion of the Manager and shall be

. requested in advance. Such a request shall not be unreasonably denied.

Educational Leave

A leave of absence with pay shall be granted to an Employee, on the approval of the Executive Director or designate to a maximum of five (5) days per year for participation in professional development courses, seminars and other job related educational programs.

17.12 Jury Duty and Witness Leave

An Employee who is selected as a juror or subpoenaed as a Crown Witness will be compensated for loss of pay from their regularly scheduled shifts(s) due to such service. Compensation will be based on their regularly scheduled hours at their regular hourly rate less the fee received for services. However, should the Employee not be selected as a juror or required as a witness then they are required to return to the Employer's premises to complete their remaining normally scheduled work day.

In order to qualify for payment under this section an Employee must:

a) inform their immediate supervisor within twenty-four (24) hours of their selection for service as a juror or witness;

b) if released from service and four (4) hours or more remain of the Employee's scheduled daily hours, return to the Employer's premises to complete their remaining normally scheduled work day;

c) provide a written statement to the Employer indicating the date of service, the time so spent and the fee received for their services; and

d) have completed their probationary period.

21


It is understood that if the Employee is entitled to receive pay under any other provisions of this agreement or as the result of government legislation, there will be no pyramiding or duplicating of benefits:

17.13 Family Medical Leave

a) The Employer shall provide Family Medical Leave without pay to employees for a period of up to eight (8) weeks within a twenty-six (26) week period to provide care and support to a specified family member, specified under the Employment Standards Act, who has a serious medical condition with a significant risk of death occurring within that twenty-six (26) week period in accordance with the provisions of the Act.

b) i) For full-time employees seniority shall continue to accrue during family medical leave however, the employee will not be paid for named holidays occurring during such leaves of absence. The employee shall continue to earn paid vacation and sick leave credits for the entire duration of the absence.

ii) In the case of part-time employees seniority shall continue to accrue during family medical leave. Weekly service and seniority entitlement shall be calculated by adding up the hours worked in the twenty (20) week period immediately prior to the leave and dividing this total by twenty (20). Upon return to employment, absence on family medical leave shall be considered as service for the purpose of entitlement to increased vacation pay and annual increment. However, the employee will not be entitled to pay-in-lieu of benefits and vacation pay nor will she be paid for named holidays occurring during such leaves of absence.

c) The employees participation in the insured benefit plans shall continue prior to the commencement of the leave, provided the employee pays for the premiums.

d) An employee returning from family medical leave shall be paid at the same step in the salary scale attained prior to going on such leave of absence. Should an anniversary increment fall during such leave of absence, the employee shall receive an anniversary increment upon return to employment.

e) Employees newly hired to replace employees who are on approved family medical leave may be released and such release shall not be the subject of a grievance or arbitration. If retained by the Employer, the employee shall be credited with seniority from date of hire subject to successfully completing her probationary period.

17. 14 Emergency Leave

As per the Employment Standards Act of Ontario, an Employee shall be entitled to ten (1 0) unpaid emergency leave days per year for the purpose of addressing:

22


a) A personal illness, injury or medical emergency;

b) The death, illness, injury or medical emergency of an individual as it applies to the employee's spouse or same sex partner, parent, step-parent or foster parent of the employee or the employee's spouse or same sex partner; child, step-child or foster child of the employee or the employee's spouse or same sex partner; grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse or same sex partner; the spouse of a child of the employee; the employee's brother or sister and a relative of the employee who is dependent on the employee for care of assistance. ·

If an employee takes only part of a day as Emergency Leave, it shall count as a full day of leave.

An employee must inform the Employer that s/he shall be taking an Emergency Leave of Absence. If an employee has to begin an Emergency Leave before notifying the Employer, the employee must inform the Employer as soon as possible.

An Employer is allowed to ask an employee to provide reasonable evidence that s/he is eligible for an emergency leave of absence.

ARTICLE 18- HEALTH AND WELFARE BENEFITS

18.01 The benefits outlined herein will be provided for all full-time Employees who have completed three (3) months of employment. Benefit coverage will include same sex partners.

18.02 Part-time Employees may participate on a pro-rata basis in certain ofthe following benefits once they have completed three (3) months of employment. The terms of participation, as with full-time Employees are governed by the terms and conditions set out in the various contracts of insurance. Part-time Employees who elect to participate in such programs will pay the balance of the pro-rata premium for such benefits.

18.03 It is understood and agreed that the description of these benefits as provided herein is not to be construed as a guarantee of either specific coverage or eligibility for benefits. The benefits are all provided subject to the terms and conditions set forth in the various contracts of insurance.

18.04 In cases of lay-off and unpaid leaves of absence for whatever reason the benefit coverage and the premium payment by the Employer shall cease at the end of the month in which the layoff or unpaid leave of absence occurs. If, however, the Employee wishes continuation of these benefits during such absences, the Employee will be required to pay the full premium for the applicable benefits by making arrangements with the Director of Administration prior to the commencement of the absence.

23


NOTE:

An Employee rece1v1ng health benefits shall continue to be covered by the major medical/dental and life insurance benefits for a period of one hundred and twenty (120) work days in addition to S.T.D.

18.05 Short Term Disability

a) An Employee who will be absent for a continuous period of two (2) weeks or longer due to sickness or accident may qualify for Short Term Disability (STD) benefits.

b) The Employee shall provide the Employer with a medical certificate stating the approximate length of time the Employee needs to be absent.

c) The Employee shall submit a claim to El for Employment Insurance Sickness Benefits within the first two (2) weeks of becoming unable to work due to sickness or accident. During this two (2) week period, the employee shall receive eighty percent (80%) of her regular salary.

d) Upon receipt of the medical certificate and the confirmation of approval by El or the confirmation of application to El, the Employee shall receive Short Term Disability benefits as follows:

During the period the Employee is in receipt of El Sickness Benefits, the Employer shall pay the difference between the El Sickness Benefits and seventy-five (75%) percent of regular weekly earnings for the period the Employee has qualified for benefits.

e) In the event that the employee's claim is not approved by El, any monies paid to the employee by the employer while awaiting El benefits shall be subject to repayment/set off obligations. In the event that the employer has paid the employee's benefit in advance of approved payment by El, the employee shall reimburse the employer for any duplication of payment to the employee.

f) When an employee has been on Short Term Disability for a period of twelve (12) weeks, she shall make the application to the benefit carrier for Long Term Disability.

18.06 Long Term Disability

The general terms of this benefit are as follows:

Elimination Period one hundred and twenty (120) work days

24


Benefit Sixty-six (66%) percent of basic monthly earnings at the date illness commenced to a maximum of three thousand five hundred dollars ($3,500.00) per month but to include CPP/WCB benefits.

18.07 Premium

The Employer will pay the full premium cost of the Short Term and Long Term Disability Plans.

18.08 Major Medical/Dental

The Employer shall sponsor a vision care plan with a maximum of three hundred and fifty dollars every ($350.00) twenty-four (24) months.

An Employee may elect either single or family coverage.

Dependent shall have the meaning as defined and administered by the present carrier in the contract with the carrier. Within ninety (90) days of ratification, dependants to age twenty-five (25) shall be covered subject to the terms and conditions of the Plan.

18.09 Life Insurance and A.D. & D.

The Employer will pay one-hundred percent (1 00%) of the premium cost to provide:

a) Full-Time Employees

Two (2) times annual salary rounded to the next higher one thousand dollars ($1 ,000.00).

b) Dependants

Spouse

Child: to 13 days

14 days to 21 yrs.

$5,000.00

$500.00

$2,000.00

NOTE: In the case of a full-time student, this benefit will be paid to age twenty-five (25) years.

NOTE: It is understood that the Employer may at any time substitute another carrier for any plan provided the benefits covered by each plan are not in total decreased.

25


18.10 R.R.S.P.

The Employer will contribute five percent (5%) of the calendar year (January- December) earnings of each full-time Employee to a group R.R.S.P. program.

This contribution will be made in the name of each eligible Employee prior to March 1st of the subsequent year.

Additional contributions may be made by the Employee subject to the terms and conditions of the Plan.

ARTICLE 19 • EXPENSES

19.01 Mileage

The current agency policy with respect to reimbursement to an Employee required to use her vehicle in the service of the Employer shall apply equally to bargaining unit Employees.

i) Effective April 1, 2008, the reimbursement rate shall be forty-two cents (42¢) per kilometre;

ii) Effective April 1, 2009, the reimbursement rate shall be forty-five cents (45¢) per kilometre;

19.02 Car Insurance Coverage

The Employer shall compensate those employees who transport clients for the additional liability cost of one hundred and fifty ($150.00) dollars per year for business car insurance, if the insurance is required.

19.03 Transportation

An employee who chooses to uses public transit (TTC) due to client services or on CTYS business will be reimbursed the cost of a TTC travel pass as per CTYS Policy of fifty percent (50%).

19.04 Meal expenses

Meal expenses will be marked on the T2200 form as "other expenses

19.05 Employees will be reimbursed for any approved out-of-pocket expenses

26


ARTICLE 20 - WAGES

20.01 Wages shall be paid in accordance with Schedules B through F as attached, which form part of this Agreement.

20.02 Starting rate of pay will be determined by placing the new employee on the appropriate salary scale at the step commensurate with her/his qualifications and experience as determined by the Employer.

20.03 Job Classification

a) The Employer agrees to draw up job descriptions for all classifications for which the Union is bargaining agent. All job description shall be dated.

b) Employer agrees to review all job descriptions annually to make sure they conform to the actual duties the employee is performing.

c) Where discrepancies are found, the job description will be updated and the position reclassified as necessary or/and in accordance with the provisions of Article 20.05.·

d) The Employer shall notify the Union and provide all relevant information concerning the change. The parties shall meet within thirty (30) days to negotiate the salary range for the new or revised classification using the Gender Neutral Job Evaluation System agreed to by the parties. If no agreement is reached between the parties then the Employer will set the salary range and classification for the new or revised classification subject to the right of the parties to file a grievance and have the rate determined by arbitration.

20.04 No Elimination of Present Classification

Existing classifications shall not be eliminated or changed without prior agreement with the Union.

20.05 Evaluation

The Union, Pay Equity Committee and the Employer agree to meet annually to review job classifications. New or substantially changed positions shall be reviewed using the Gender Neutral Job Evaluation System agreed to by the parties. Any change in the rate of pay agreed to resulting from such evaluation shall be retroactive to the date the new position was created or the changes in the job content became effective.

ARTICLE 21 -VACATIONS

21.01 The following vacation schedule shall apply to full-time permanent Employees. Vacation credits for part-time Employees shall be prorated as per Article 24.01.

27


21.02 The vacation year shall be April 1st to March 31st.

21.03 a)

b)

Vacation credits earned during a current vacation year shall be used not later than

March 31st of the subsequent vacation year.

Except as provided in 21.03(a) above, there shall be no carry over of vacation

credits.

21.04 On commencement of employment an Employee shall be credited with pro-rata vacation

credits for the balance of the current vacation year. However, no vacation may be taken

until the Employee has completed her probationary period.

21.05 a)

b)

c)

d)

During the first twelve (12) months of employment an Employee shall accumulate

1.25 paid days of vacation entitlement per month to a maximum accumulation of

fifteen (15 work days).

After twelve ( 12) months of employment an Employee shall accumulate 1.667 paid

days of vacation entitlement per month to a maximum accumulation of twenty (20)

work days.

After ten (1 0) continuous year of employment an Employee shall accumulate 2.084

paid days of vacation entitlement per month to a maximum accumulation of twenty

five (25) working days.

After fifteen (15) continuous years of employment, an employee shall accumulate

2.5 paid days of vacation entitlement per month to a maximum of thirty (30) working

days.

21.06 Vacation paid day accumulations shall be based upon the Employee's current straight-time

hourly rate for a regular work day.

21.07 It is understood and agreed that Employees on unpaid leaves (with the exception of Family

Medical Leave) of absence or who are in receipt of Long Term Disability Benefits will not

accumulate paid vacation days during such absences.

21.08 Employees shall receive written notice oftheir accumulated vacation credits not later than

March 31st each year. Such information is also available from the Director of

Administration at any time.

21.09 a)

b)

Employees shall be required to advise their .immediate supervisor of the dates

during which they wish to use their vacation credits before April 30th each year.

In the event a conflict exists regarding requested vacation periods which cannot be

resolved, the time period shall be allotted to the Employee with the greater seniority.

28


c) Employees who fail to make their requests known by the April 30th date shall have to accept whatever open periods remain available.

d) The final approved vacation schedule shall be posted not later than May 15th.

e) In making their vacation request Employees will be mindful that other Employees may require time during peak vacation periods (June - September). Therefore, requests for more than two (2) consecutive weeks to a maximum of four (4) consecutive weeks will be considered according to program needs.

21.10 If a paid holiday falls or is observed during an Employee's vacation period, they will be granted an additional day of vacation with pay for each holiday in addition to regular vacation time provided they worked their last scheduled day immediately before going on vacation and worked their first regular scheduled day immediately following the vacation period.

21.11 Employees who resign shall receive vacation pay in accordance with The Employment Standards Act.

ARTICLE 22 - STATUTORY HOLIDAYS

22.01 The following days are recognized as Statutory Holidays:

New Year's Day Family Day Good Friday Easter Monday Canada Day Thanksgiving Day

Christmas Day Boxing Day Civic Holiday Labour Day Victoria Day Floater Day

22.02 When any of the above-noted holidays fall on a Saturday or Sunday and are not proclaimed as being observed on some other day, the following Monday or the preceding Friday as determined by the Employer will be deemed to be the holiday for the purpose of this Agreement.

22.03 The Floating Holiday shall be taken at a time mutually convenient to the Employee and the Employer.

22.04 When any of the above-noted holidays fall on an Employee's scheduled day off, the Employee shall receive another day off with pay at a time mutually agreed upon between the Employer and the Employee. In such cases the Employee must meet the qualifying factors as identified in Article 22.08 of this Article in order to qualify for the lieu day pay.

22.05 Holiday pay will be computed on the basis of the number of hours the Employee would otherwise work had there been no holiday, at their regular hourly rate of pay.

29


22.06 When an Employee is scheduled to work on a Statutory holiday, she shall be paid twice the regular rate of pay and shall, in addition, be granted an extra lieu day without loss of straight time earnings.

22.07 Lieu days shall be taken at a mutually agreed upon time. Such agreement shall not be unreasonably withheld. Such lieu day shall be scheduled within thirty (30) days following the holiday.

22.08 In order to qualify for holiday pay, an Employee must work her last scheduled day immediately preceding and her first scheduled day immediately following the holiday.

22.09 It is understood that if an Employee is entitled to receive pay on any day recognized as a paid holiday under any other provision of this Agreement or as the result of government legislation, there will be no pyramiding or duplicating of benefits.

ARTICLE 23 - HOURS OF WORK AND OVERTIME

23.01 The normal work week will be thirty-five (35) hours, exclusive of meal periods.

For the purposes of this Collective Agreement the normal hours of work shall be seven (7) hours per day, Monday to Friday scheduled between 8:30 a.m. to 5:30 p.m.

Notwithstanding the foregoing, it is understood that this Article sets out the normal hours of work for Employees covered by the Agreement and is intended to provide a basis for calculating time worked, and it is understood that hours of work per day and days of work and working schedules may be performed by Employees to reflect the flexibility required to provide services not easily or conveniently arranged during the normal business day.

23.02 Authorized work hours in excess of the normal work week under Section 23.01 and excepting of Special Outings, shall be compensated for on the following basis:

a) Employees normally scheduled to a thirty-five (35) hours work week shall be entitled to compensatory time off on an hour-for-hour basis for all hours worked in excess of thirty-five (35) hours per week up to forty-four (44) hours per week.

Such hours must be pre-approved where possible by the manager. Such overtime shall be discussed with the manager on the next business day or as soon as possible thereafter.

b) Approved hours worked in excess of forty-four (44) hours per week will entitle the employee to compensatory time at the rate of time and a half (1 %).

c) Compensatory time off shall be granted within thirty (30) days of the day on which the excess hours were worked. Such compensatory time-off, while determined by the Employer, shall also be in its determination, satisfactory to the Employee and

30


cognizant of the need to maintain adequate client service. Where such compensatory time-off cannot be scheduled within the thirty (30) day period referred to above, unless extended by mutual agreement between the Employer and Employee, the Employer will pay for each hour worked in excess of thirty-five (35) but not exceeding forty-four (44) hours per week on a straight time basis. Employees may not accumulate more than three (3) days of compensatory time without written consent from their supervisor.

These hours shall not be deemed to constitute any guarantee whatsoever either as to hours of work per day or per week.

d) Hours worked in excess of forty-four (44) hours per week may be taken by the Employee, at the Employer's option, in the form of compensatory time-off at a rate of one and one-half (1 %) hours for every hour worked in excess of forty-four hours per week.

When an Employee is called in on her scheduled day off, she shall be compensated at time and a half (1 %) her regular straight time hourly rate.

23.03 Special Overnight Outings

It is understood in this agreement that Special Overnight Outings refer to those outings which require continuous client supervision by the Employee and which require the employee to work more than one (1) full consecutive shift including overnight duty.

Special Overnight Outings shall be compensated for in the form of time off and shall be calculated on the basis of one (1) day for each work week day and one and one half (1 %) days for each weekend day involvement in addition to regular salary.

23.04 Overtime and Scheduling

a) There shall be no duplication or pyramiding of hours worked for the purpose of computing overtime or other premium payments.

b) The parties to this Agreement recognize that the nature of the Employer's operations may require the performance of overtime work from time to time. Employees will make every effort to cooperate in the performance of such overtime. The Employer will attempt to advise Employees of required overtime as far in advance as practicable and will consider legitimate personal excuses of Employees.

23.05 The Employer will provide as much notice as practicable with respect to changes in the work schedules.

23.06 Where major changes in the scheduling of hours of work, including the introduction of new schedules of work are required, the Employer agrees to notify the Union.

31


23.07 It is understood that overtime must be authorized by the employee's immediate supervisor before overtime rates become effective.

ARTICLE 24- PART-TIME, TEMPORARY EMPLOYEES AND FEE FOR SERVICE

a) A part-time Employee is one who is hired to work regularly less than the work week provided for in this Agreement.

b) A temporary Employee is a person hired for a specific purpose or reason with the intent that the duration of the employment is limited and includes any person retained by the Employer on contract.

c) Temporary employees are those hired on a time-limited contract forthe purpose of filling a vacancy in the bargaining unit caused by a bargaining unit member taking a leave of absence. Also includes employees hired for staffing a pilot project funded for a specific period of time. Such a time shall not exceed twelve (12) months. An extension shall be granted with the union's agreement. Such a request shall not be unreasonable denied.

NOTE: Temporary employees as prescribed in b) and c) above shall have no right to grieve dismissal because their contract was terminated.

d) The Employer shall notify the Union of its intention prior to the hiring of any temporary Employee stating the name of the person intended to be hired, specific purpose, expected length of assignment and reason for doing so.

e) "Fee-for-service" employees are defined as any short-term service that is paid for on a fee basis by CTYS.

f) Part-time and Temporary employee shall receive the wage rates, seniority credits, conditions of employment and benefits specified in this Agreement on a pro-rata basis according to her hours of work and the insurance carrier policy... An Employee working Part-Time, who has completed her probationary period in accordance with Article 12.03, shall receive all rights and benefits under this Agreement on a pro-rata basis retroactive to date of her commencement of employment.

NOTE: Part-Time employees are eligible for insurance benefits if they work between 17.5 and nineteen (19) hours per week. Part-Time employees working less than twenty (20) hours do not qualify for Long Term Disability.

ARTICLE 25 - PERSONNEL FILES AND DISCIPLINARY NOTICES

25.01 Personnel Files

Each Employee shall be entitled to review her personnel file on reasonable notice and in

32


the presence of the Employer. The Employee shall be given a reasonable amount of time to review her personnel file.

The Employer recognizes that the primary purpose of performance appraisals are for professional development.

A copy of the Employee's performance appraisal shall be given to the Employee and will not be placed on her personnel file until discussed with the Employee.

25.02 Disciplinary Meeting and Notice

a) A Disciplinary Meeting is defined as a meeting with a Bargaining Unit member during which Management makes reference to discipline in regards to a specific issue.

b) A Disciplinary Notice is defined as a memorandum, notice or letter that includes reference to discipline in regard to an identified Bargaining Unit member.

c) The Employer shall inform the Employee of her right to have Union representation (Local Unit Shop Steward/Staff Representative) at any meeting; that the Employer believes is likely to result in disciplinary action against the employee. Failure to notify the employee of this right shall make any discipline null and void. An Employee shall have the right to grieve a disciplinary notice.

d) Any discipline issues shall be in writing, copied to the employee and the Union; unless the employee specifically requests not to have such a correspondence forwarded to the Union. No employee shall be disciplined or discharged without just cause. Delivery of a written Disciplinary Notice referring to the implementation of discipline following a Disciplinary Meeting, without discussion of the Disciplinary Notice, does not constitute a Disciplinary Meeting.

e) The record of any reprimand, warning or any other disciplinary action of an employee shall be removed from the employee's personnel file twelve (12) months after the conduct which was the subject of the discipline, reprimand, warning or any other disciplinary action.

ARTICLE 26 - TERM OF AGREEMENT

26.01 This agreement shall come into effect April 1, 2008 and shall continue in effect until March 31, 2011 and from year to year thereafter unless either party gives to the other party notice in writing within ninety (90) days prior to the expiry date of its desire to terminate or amend this agreement.


33

(:,

215.02 All Letters of Understanding are part of this Agreement.

{

Dated at Toronto, this sJ day of _ _J_;;·-----~0...;;1~;_~-f=------ 2008.

FOR THE EMPLOYER:


34

n 0

'D '< 0 r-n

U1 I

U1 f-' N I w

""" co I

N 0 f-' f-' 0 w w f-' I f-' U1

SCHEDULE A- PAY GRID

JOB CLASSIFICATION Annual

RESEARCHER Bi-weekly Hourly Annual

POLICY ANALYST BI-weekly Hourly Annual

PROGRAM COORDINATOR Bi-weekly Hourly Annual

CASE COOROINATORIMGR. Bi-weekly Hourly Annual

YOUTH SUPPORT WORKER Bi-weekly Hourly Annual

PROGRAM COUNSELLOR Bi-weekly Hourly Annual

PROGRAM ASSISTANT Bi-weekly Hourly Annual

PAYROLL CLERK Bi-weekly Hourly Annual

SECRETARY Bi-weekly Hourly Annual

RECEPTIONIST Bi-weekly Hourly

3% Wage Increase

Effective April 1, 2008


Bargaining Unit Wage Grid Effective April 1, 2008

STEP 1 STEP2 STEP3 STEP4 $ 62,536.17 $ 64,412.25 $ 66,344.62 $ 68,334.96 $

2,405.24 2,477.39 2,551.72 2,628.27 34.36 35.39 36.45 37.55

50,508.48 52,023.73 53,584.45 55,191.98 1,942.63 2,000.91 2,060.94 2,122.77

27.75 28.58 29.44 30.33 50,399.53 51,911.52 53,468.86 55,072.93

1,938.44 1,996.60 2,056.49 2,118.19 27.69 28.52 29.38 30.26

50,399.53 51,911.52 53,468.86 55,072.93 1,938.44 1,996.60 2,056.49 2,118.19

27.69 28.52 29.38 30.26 47,961.27 49,400.11 50,882.11 52,408.57

1,844.66 1,900.00 1,957.00 2,015.71 26.35 27.14 27.96 28.80

43,362.35 44,663.22 46,003.12 47,383.21 1,667.78 1,717.82 1,769.35 1,822.43

23.83 24.54 25.28 26.03 39,445.76 40,629.13 41,848.01 43,103.45

1,517.14 1,562.66 1,609.54 1,657.82 21.67 22.32 22.99 23.68

39,445.76 40,629.13 41,848.01 43,103.45 1,517.14 1,562.66 1,609.54 1,657.82

21.67 22.32 22.99 23.68 35,792.24 36,866.01 37,971.99 39,111.15

1,376.62 1,417.92 1,460.46 1,504.27 19.67 20.26 20.86 21.49

35,792.24 36,866.01 37,971.99 39,111.15 1,376.62 1,417.92 1,460.46 1,504.27

19.67 20.26 20.86 21.49

STEP5 STEP 6 STEP7 70,385.01 $ 72,496.56 $ 74,671.46 2,707.12 2,788.33 2,871.98

38.67 39.83 41.03 56,847.74 58,553.17 60,309.77

2,186.45 2,252.05 2,319.61 31.24 32.17 33.14

56,725.12 58,426.87 60,179.67 2,181.74 2,247.19 2,314.60

31.17 32.10 33."07 56,725.12 58,426.87 60,179.67

2,181.74 2,247.19 2,314.60 31.17 32.10 33.07

53,980.83 55,600.26 57,268.26 2,076.19 2,138.47 2,202.63

29.66 30.55 31.47 48,804.71 50,268.85 51,776.91

1,877.10 1,933.42 1,991.42 26.82 27.62 28.45

44,396.55 45,728.45 47,100.30 1,707.56 1,758.79 1,811.55

24.39 25.13 25.88 44,396.55 45,728.45 47,100.30

1,707.56 1,758.79 1,811.55 24.39 25.13 25.88

40,284.48 41,493.02 42,737.81 1,549.40 1,595.89 1,643.76

22.13 22.80 23.48 . 40,284.48 41,493.02 42,737.81

1,549.40 1,595.89 1,643.76 22.13 22.80 23.48

35

n 0

'D '< 0 r-n

U1 I

U1 f-' N I

w

""" co I

N 0 f-' f-' 0 w w f-' I f-' U1




POLICY ANALYST Bi-weekly Hourly Annual

PROGRAM COORDINATOR Bi-weekly Hourly Annual

CASE COORDINATORIMGR. Bi-weekly Hourly Annual







3% Wage Increase



Bargaining Unit Wage Grid Effective April1, 2009

STEP 1 STEP2 STEP3 STEP4 STEPS

$ 64,412.26 $ 66,344.62 $ 68,334.96 $ 70,385.01 $ 72,496.56 2,477.39 2,551.72 2,628.27 2,707.12 2,788.33

35.39 36.45 37.55 38.67 39.83 52,023.73 53,584.45 55,191.98 56,847.74 58,553.17

2,000.91 2,060.94 2,122.77 2,186.45 2,252.05 28.58 29.44 30.33 31.24 32.17

51,911.52 53,468.86 55,072.93 56,725.12 58,426.87 1,996.60 2,056.49 2,118.19 2,181.74 2,247.19

28.52 29.38 30.26 31.17 32.10 51,911.52 53,468.86 55,072.93 56,725.12 58,426.87

1,996.60 2,056.49 2,118.19 2,181.74 2,247.19 28.52 29.38 30.26 31.17 32.10

49,400.11 50,882.11 52,408.57 53,980.83 55,600.26 1,900.00 1,957.00 2,015.71 2,076.19 2,138.47

27.14 27.96 28.80 29.66 30.55 44,663.22 46,003.12 47,383.21 48,804.71 50,268.85

1,717.82 1,769.35 1,822.43 1,877.10 1,933.42 24.54 25.28 26.03 26.82 27.62

40,629.13 41,848.01 43,103.45 44,396.55 45,728.45 1,562.66 1,609.54 1,657.82 1,707.56 1,758.79

22.32 22.99 23.68 24.39 25.13 40,629.13 41,848.00 43,103.44 44,396.55 "45,728.44

1,562.66 1,609.54 1,657.82 1,707.56 1,758.79 22.32 22.99 23.68 24.39 25.13

36,866.01 37,971.99 39,111.15 40,284.48 41,493.02 1,417.92 1,460.46 1,504.27 1,549.40 1,595.89

20.26 20.86 21.49 22.13 22.80 36,866.01 37,971.99 39,111.15 40,284.48 41,493.02

1,417.92 1,460.46 1,504.27 1,549.40 1,595.89 20.26 20.86 21.49 22.13 22.80

STEP 6 STEP7 $ 74,671.46 $ 76,911.60

2,871.98 2,958.14 41.03 42.26

60,309.77 62,119.06 2,319.61 2,389.19

33.14 34.13 60,179.67 61,985.06

2,314.60 2,384.04 33.07 34.06

60,179.67 61,985.06 2,314.60 2,384.04

33.07 34.06 57,268.26 58,986.31

2,202.63 2,268.70 31.47 32.41

51,776.91 53,330.22 1,991.42 2,051.16

28.45 29.30 47,100.30 48,513.31

1,811.55 1,865.90 25.88 26.66

47,100.30 48,513.31 1,811.55 1,865.90

25.88 26.66 42,737.81 44,019.94

1,643.76 1,693.07 23.48 24.19

42,737.81 44,019.94 1,643.76 1,693.07

23.48 24.19

36

n 0

'D '< 0 r-n

U1 I

U1 f-' N I w

""" co I

N 0 f-' f-' 0 w w f-' I f-' U1




POLICY ANALYST Bi-weekly Hourly Annual

PROGRAM COORDINATOR BI-weekly Hourly Annual

CASE COORDINATOR/MGR. Bi-weekly Hourly Annual







3% Wage Increase



Bargaining Unit Wage Grid Effective April 1, 2010

STEP 1 STEP2 STEP3 STEP4 STEP 5

$ 66,344.63 $ 68,334.97 $ 70,385.02 $ 72,496.57 $ 74,671.46 2,551.72 2,628.27 2,707.12 2,788.33 2,871.98

36.45 37.55 38.67 39.83 41.03 53,584.44 55,191.98 56,847.73 58,553.17 60,309.76 2,060.94 2,122.77 2,186.45 2,252.04 2,319.61

29.44 30.33 31.24 32.17 33.14 53,468.87 55,072.93 56,725.12 58,426.87 60,179.68 2,056.49 2,118.19 2,181.74 2,247.19 2,314.60

29.38 30.26 31.17 32.10 33.07 53,468.87 55,072.93 56,725.12 58,426.87 60,179.68

2,056.49 2,118.19 2,181.74 2,247.19 2,314.60 29.38 30.26 31.17 32.10 33.07

50,882.11 52,408.58 53,980.83 55,600.26 57,268.27 1,957.00 2,015.71 2,076.19 2,138.47 2,202.63

27.96 28.80 29.66 30.55 31.47 46,003.12 47,383.21 48,804.71 50,268.85 51,776.91

1,769.35 1,822.43 1,877.10 1,933.42 1,991.42 25.28 26.03 26.82 27.62 28.45

41,848.00 43,103.44 44,396.55 45,728.44 47,100.30 1,609.54 1,657.82 1,707.56 1,758.79 1,811.55

22.99 23.68 24.39 25.13 25.88 41,848.00 43,103.44 44,396.55 45,728.44 47,100.30

1,609.54 1,657.82 1,707.56 1,758.79 1,811.55 22.99 23.68 24.39 25.13 25.88

37,971.99 39,111.15 40,284.48 41,493.02 42,737.81 1,460.46 1,504.28 1,549.40 1,595.89 1,643.76

20.86 21.49. 22.13 22.80 23.48 37,971.99 39,111.15 40,284.48 41,493.02 42,737.81

1,460.46 1,504.28 1,549.40 1,595.89 1,643.76 20.86 21.49 22.13 22.80 23.48

STEPS STEP 7 $ 76,911.61 $ 79,218.96

2,958.14 3,046.88 42.26 43.53

62,119.05 63,982.63 2,389.19 2,460.87

34.13 35.16 61,985.07 63,844.62 2,384.04 2,455.56

34.06 35.08 61,985.07 63,844.62

2,384.04 2,455.56 34.06 35.08

58,986.31 60,755.90 2,268.70 2,336.77

32.41 33.38 53,330.22 54,930.13

2,051.16 2,112.70 29.30 30.18

48,513.31 49,968.71 1,865.90 1,921.87

26.66 27.46 48,513.31 49,968.71

1,865.90 1,921.87 26.66 27.46

44,019.94 45,340.54 1,693.07 1,743.87

24.19 24.91 44,019.94 45,340.54

1,693.07 1,743.87 24.19 24.91

37

LETTER OF UNDERSTANDING- ONE-TIME PAYMENTS

Between:

LETTER OF UNDERSTANDING

ONTARIO PUBLIC SERVICE EMPLOYEES UNION On Behalf of its Local 512

and

CENTRAL TORONTO YOUTH SERVICES

If the fiscal position at year end permits, management will give consideration to onetime payments to members of the Bargaining Unit. The decision to make such onetime payments shall be at the sole discretion of the Executive Director, and shall occur only if such funds are not required for the operation of the agency.

rJ ; ~ Dated at Toronto, this 3rrt_ day of ----=:;~...;;;;;1::....;· W:::::..::=:'\f__,_~ ..;..." _____ 2008.


38

LETTER OF UNDERSTANDING - FEE-FOR-SERVICE

Between:

LETTER OF UNDERSTANDING

ONTARIO PUBLIC SERVICE EMPLOYEES UNION On Behalf of its Local 512

and

CENTRAL TORONTO YOUTH SERVICES

The employer agrees to maintain the current hiring of "Fee-for-Service" employees to a minimum and for the sole purpose to continue to provide uninterrupted services to clients in accordance with Article (Job security c))

However, the Employer and the bargaining team shall meet no later than six (6) months from signing this agreement to further discuss:

a) The phasing out and organizing initiative of "Fee-for-Service" contracts.

b) The number on employees that may qualify to enter the bargaining unit as per Article (Job security c)) over the last six (6) months.

c) The number of permanent positions that may be available.

d) And agree on a process to be established on how to deal with the roll over of those positions.

.---7 j -------Dated at Toronto, this ."Src day of -""-_i....;:..._w....::~-\__,_[·=------ 2008.

39


APPENDIX A- PARTICIPATION AGREEMENT

OPSEU JOINT TRUSTEED BENEFIT FUND


40

PART A AGREEMEJI.T'TO .l'AR7ICJPATE IN Tll:E OPS.EU JO!i'<T TRUSTEED BENEFIT FDND

BETWEEN:

CEi'ITRAL TOROi'<TO YOUTH SERVICES

-aod-

TRUSTEES OF THE OPSEU JOil'<T TRUSTEED .SENEFJ'T FUND (1he ''Trust")

I. The Employer-.agrc::s to p1Hiicip.il1C m tile OPSEU Joiu1 Ti'l!Stecd Bene:fit Fund {the: "Trust"). The Tntsl is ::stabHsbcd by :t Trusl Agrt:cmcm mudc lJS of June 6., 1996. wrucn umy fx:.::unendcd frnm time 10 Linte. The Trust is governed by i.l Bo<Jrd ofTnmc=s (the "Trustees"). Til~ Employ~:~" hcreby~arc:s to 0:: boulld by lhe Trm."'. Ag:enu:nl :md to comply ·with U'tc dim:Licns oflhc: Trustc:s n::<:d:::: under j[S l:!ztnS.

2. Tiw Trust. shall provide c:::rtain !ilsuit:d health and wcJrare benefits to the eligib!c employees: of the E.'nploycr. 1k Trustees m::~.y cootr<lct with a:t insumncc ~y {L'l!! Insurer") f. '"Om time 10 Lime. in their sole discretion, in n:!!:pcct of t.'ms~ b:n::fiiS. The "ciigibl~ anpioye::s" of !he E..mployeroc-th: :!mployccsoftbc Employe:- in 1h~ foU~ing units and employee ~rroup~-:

j, The effective date oi covemge fer t.i.e cligibJc empJoy~s of th: Employer 3ha1l be !he da!e indic.·ued by the Employer below. k effective ante shall be, at the =licst, !h: lim d:!y of a month following !he date this A.."=om is delivered to !h: Truslees and shall not be later 1lmn nine!}~ {90) days from the date thlltt'llse'\~~t is dcli\•ernl to the Trustees:

August I, 2005

4. Tite E.rnpioyer~haiJ pay or deduct and remit pre.nUwns to the Trm1 as required by the Trusi.ec~ from time to tim:.

;. In the 0"'/cnt !hat !h: Employer do.,; not make premium paymonts or remiltan= os :md when requin:d by th: Trust=, u-.. Employer shall be JjabJc .for inlc:rest an late~ at Joe",{, or such .othc:-l'iltc m: may be prescribt:d by t..ic Tru~"'le::::S. The Trust Agreement also provides. :unong othertbi."'lgs.flw1dcrmquc:zt Employes a.r: :rui>ject to:

(a} lutep"Jlll"'ll~ for interest, liquidated d:Jru!ges :md re::.<onablc !egnland co!lootion costs:

(b) n::quire:mc:rtsta poSldcpa!."its, :ufvnnce payrnc::nts or .::urety bonds wil.b the TniS'C: Oi

(c) suspension or !Cflll.inaiion. of cmre.rngt: for the ErnpJ~s eligible emp!oyc::s. in which ~ the Employer ma.y be directly n:sp'?ns:iblc1oj1S employees or their coJic:::dve bi!..""gnining ngcnl f~r the provision aihe.'lcfits.

6. The Trust...e::s shan uuthariz::: !.he ..E!DpJoyer to rub:nit 1o the lnsurc:r a .fuJJy complct...-.a aod -c:xea~red Employe:- Applic-ation for Group CQv~ under rhc OPSEU Joim Trus:lccd Benefit Fund ("the Applic::nion") and the Insurer shnll issue iDSW'ilDcc ctn'C'rnge in nccordancz wi1h. the Fmancia.l • .o\gre::mc:Dt wilhiD thirty (30} .days of rea::ipt of sucb applic::ujon • .'\ description of lbe insurnnc:c co-..~ge shaJl be set out in on Employee 3cn:frt Booklet, which upon approwi by tbc E:nploya. shall bo attached to this Agr=ncnt ""Sc!Jeduio "A". Schedule 'A" will olso conlllin a Pn:mium Rate Swnm:uy. Schedule "A" shall be d=ned !o ha p;u1 of this Agr=<nenL and wiU be issuod by the Jnsu:-::r within 60 days of!h: eff<Cti-.IC daie of co=ge•nd appro•..! by the Empioyc:r of !h: Employee &netit Book!<=>.

7. The benerlls provided by !h: Trus( shall bo those bcnefiis as autlinod in Schedule YA". Far unioniz:d iJm"g;Uning units, the T"""ces.lmd their insures-, shalJ require n document signed by holh the Employer :md the Bm-g-.Untng Agcnl in order to c.'mngc the Benefit. D=:cripticn in Schedule "A". Such Benofn D=riplion chango:; must be =::pmblc to the Trustees ;md thcir lnsu=.

8. An Enrnlmenl Farm sball be completed and c:<ceuterl by etch eligible employee ond the Employer no lara thnn thirty-one (31) days ali=: the etfcctive date of :m employc:'s cov=ge. .

9. The Trust..."""eS' have entered1 imo .II F:rumcial Agr-...em::nt with th~ lnsu:rcr, undc:- which th:!: ln.stJTCI" wiU provide the insum:f benefits to the

eligibJc empioy:es of the Employer~

10. The Employ"' s~.DJI provide onch n:ports to !he l= respecting tho nurnaor and numes of eligible employ=: and such other rel"'·•nt dllt.a m; the Trustees rnD)', from time to limo, dir=l.

...,, ~ ,'T /! DATED t!Hs _____ _J;C,:;;;_...l.t-____ doyof ___ \;~-~...:~..=,_ __ ....--;/'ff'---•104~

;e;~~FORTI£ETIWST: ~~~· lb~-\ Per: (Aull>uli=l ~atu"'} i-' (Aufllorized s;gn:Uure) '

FOR TiiE EMl'LO\'ER: Per. (Authorized Sigllllllrre)

Mailing Address; (oS tQ,Jit..lu1 ~ £.

3~ f/r · (5}) 7.

my t(;J


PrintN~me

Eu1>1U: \ll1-k Y"- ~ '-'"'j$ .0 t<j Tcleplwpe; LfJb • 'jl "/ - J J 00 F:tosimile: l}J 6 ~ 'il </ - .2 9"s 0

-·-~-

-1-

P_A.RTB

COLLECTIVE AGREEi\rfENT PROVISIONS

I. The pro,~sions of this .Part B shal! be deemed to the ll:,nr=ent b-.::tween the Employer and OPSEIJ ("the Collective Agreernent(s)") covering eligible emplcye"'..s as d=ribed in section 2 ofthc Agrce:nent to Participate in the OPSEU Joint Trusteed Benefit Fund ("the TIU5t") (":he Agreeme:1t to Participate"). Jf there is any conflict between any provision ofihis P;1.rt B and any tenn of the Collective Ag;"'..err.ent, this Part B shall govern.

2.- In addition, Scileduie "A" to the Agreement to Par.icipate, as contemplated by section 7 of the Agreerr-.ent to Participate, shall also be deemed to be pan: of the Collective Agreement(s) be:ween the Employer and OPSEU. Tne provisions of this Part B and Schedule "A" are enfon:eable pursuant to tbe grievance and aroirration procedures set cut in the Collective Agreement(s). however, any disputes regarding entitlement to benefits are not subject to the grievance and arlJitration process and shall be processed in accordance with the Dispute Resolution Procedtm: in the Financial .'\.greemeot between the Trustees of lhe OPSEU Joint Trusteed Benefit Fund ("the Trust=") acd the Insurer.

3. Tl1e Employer shall provide the benefits described as Schedule "A" through the Trust to the employ= of tbe Employer in bargaining unit(s) represented by OPSEU and to such other employees as are descnoed in section 2 of the Agreement to Participate. Tile Employer and OPSEU agree that Schedule "A" is subject to the siandard contraclllal tcnns and conditions and adminis-.rnti'"' ierms set out in the Insurance Policy held by t~e Trustees.

4. The Employer shall pay or deduct and remit premiums in the amounts and manner required by the Truste..'"S pursuant to the Agreement to Participate..

5. In the event tha! an Employer does not make premium payme.~ts or remittances as and when required by the Trustees, !he Employer shall be Jil!b!e for interest on late or ouistanding payments at 10% or such other rate as may be prescnoed by the Trustees. 11Je Trust Agre=t creates obligations for Employers, which the Employer and OPSEU hereby a.,oree are enforceable under the Collective Agreements. These o\?ligations include the obligations to:

(a} pay late payment charges for interest, liquidared damages and reasonable legal and collection costs; and

(b) post deposiis, advance payments or surety bonds with the Trtb"'t.

6. Moreover, the Trust may also suspend or terminaie rovemge for the Employer's eligfole employees in the event that the Employer fails to ma1.-e premium payments or remittances as and when required by the Trust=, in which case the Employer will be directly respoDSlole to its employees for the pro\•ision of benefits.

7. -!'lorwithstanding that the benefit plan sponsored by tre: Trust may be a multf-;:mployer benefit plan for the pwposes of the Workplace Sqfety and Insurance Acr, 1997. S.O. !997, c. 16. the Employer and OPSEU agree that the Employer shall, pursuant to the Collective Agreement(s), pay premiums for elig.ole employees and their depe.~da.'lts throughout the first year ar1er an injury to an eligible employee. For purposes of this section, the tenn ''injury" has the same definition as in the Workplace Safr!IJ• cmd lns-oirance Ac~ /997, supra.

8. This Collective Agre::ment language shall remain in effect so long as tbe Collective Agreement is in force as signed by the parties on , 20 __ . Whflii a new Coile::tive Agreement is being bargained, the parties will seriously give considemtion to continued participation in the Trust Fund by e::tend..ing this agreement (Part C). Should a decision be made to leave the Trust Fund, one hunc!P>..d and twenty (120) days v.rritten notice is ~d prior to the first of the month following the expiration of the Collective Agreement

DAlED«>is __ ....::;:l..;;....:.7_~ __ doyof ___ m.,<-~:=::~...__ ___ ~200s-. FOR THE ENil'LOYER=

FOR OPSEU LOCAL:

Leah Casseilll3n, President, OPSEU:

(Print N::une)

;!2oCcT< ~~ (Pri&;~e}% {A_Jr (Prlni Namej


-.

; :.

!· i

I· l ~

Collective Agreement between Ontario Public Service Employees … · 2016-08-08 · Collective...

Documents

Transcript of Collective Agreement between Ontario Public Service Employees … · 2016-08-08 · Collective...