COLLECTIVE AGREEMENT

between

WCSWR (hereinafter referred to as "WCSWR ")

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CAW LOCAL 302 (hereinafter referred to as "the Union")

Effective: September 7,2012

Expiry: July 31, 2015

Table of Contents

ARTICLE 1 - GENERAL PURPOSE ................................................................................ 1

ARTICLE 2 - RECOGNITION ......................................................................................... 2

ARTICLE 3 - THE RIGHTS OF WCSWR ........................................................................ 3

ARTICLE 4 - STRIKES AND LOCKOUTS ...................................................................... 4

ARTICLE 5 - CAW REPRESENTATION ........................................................................ 4

ARTICLE 6 - SECURITY FOR CAW ............................................................................... 6

ARTICLE 7 - GRIEVANCE PROCEDURE ...................................................................... 7

ARTICLE 8 - ARBITRATION ........................................................................................... 9

ARTICLE 9 - DISCIPLINARY ACTION AND DISMISSAL ............................................... 9

ARTICLE 10 - ACCESS TO PERSONNEL FILES ........................................................ 1 0

ARTICLE 11 - SENIORITY ........................................................................................... 10

ARTICLE 12 - HOURS OF WORK ................................................................................ 14

ARTICLE 13 - PAID HOLIDAYS ................................................................................... 20

ARTICLE 14 - VACATION ............................................................................................. 21

ARTICLE 15 - JOB CLASSIFICATION AND WAGE RATES ........................................ 23

ARTICLE 16 - SCHEDULING FUNCTIONS .................................................................. 24

ARTICLE 17 - JURY AND COURT WITNESS LEAVE ................................................. 24

ARTICLE 18 - LEAVES OF ABSENCE ......................................................................... 24

ARTICLE 19 - PREGNANCY/PARENTAL LEAVE ........................................................ 27

ARTICLE 20 - JOB VACANCIES .................................................................................. 28

ARTICLE 21 -SICK LEAVE ........................................................................................... 29

ARTICLE 22 - BENEFITS AND FOLLOWING LANGUAGE ......................................... 31

ARTICLE 23 - OCCUPATIONAL HEALTH AND SAFETY COMMITTEE ..................... 31

ARTICLE 24 -INCLEMENT WEATHER/EXTREME CONDITIONS ............................. 32

ARTICLE 25 - TECHNOLOGICAL CHANGE ................................................................ 32

ARTI CLE 26 - RRSP ..................................................................................................... 33

ARTICLE 27 - MILEAGE ............................................................................................... 33

ARTICLE 28 - DAYLIGHT SAVINGS ............................................................................ 33

ARTICLE 29 - DEFERRED SALARY LEAVE PLAN ..................................................... 33

ARTICLE 30 - REPAYMENT ........................................................................................ 35

ARTICLE 31 - DURATION ............................................................................................ 36

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ARTICLE 1· GENERAL PURPOSE

1.01 Both parties agree that their mutual interest lies in friendly co-operation, supported by open and meaningful two way communication. The purpose of this agreement is to establish and maintain a framework of the terms and conditions of employment to be applied in a consistent and equitable manner to the mutual benefit and interest of both parties and to provide a process for the resolution of the interpretation, application and administration of the Agreement. The following provisions have been jOintly developed to reflect our commitment to these principles and values.

1.02 The term "employee" shall mean a person employed by WCSWR and represented by CAW as set out in Article 2:01.

1.03 The term "permanent employee" is defined as full time, part time and relief employees. Temporary and contract employees and student volunteers and volunteers are not included within this definition.

1.04 The term "full time employee" shall mean any employee regularly employed for thirty three (33) hours or more per week.

1.05 The term "part time employee" shall mean any employee regularly employed less than thirty three (33) hours per week.

1.06 The term "relief employee" shall mean any employee hired to provide coverage on an as needed basis or when full time or part time employees are not working their regularly scheduled shift due to vacation, illness, paid holiday(s) or for any other reason.

1.07 The term "temporary employee" shall mean one who has been hired by the employer to work in place of a permanent full time or part time bargaining unit employee on a temporary basis. A temporary employee will be hired for a period that is no longer than six months unless the temporary employee is hired to replace an employee absentfor reasons set out in Articles 18, 19 and 21 of the collective agreement.

A temporary employee will not be eligible for the employer's benefit group plan or RRSP unless stated otherwise in this collective agreement. A temporary employee will only be eligible for statutory benefits as prescribed under the Employment Standards Act, 2000 unless at the time of starting work in a temporary position the employee already receives other benefits (e.g. sick leave, vacation and float days). Temporary employees will not receive preference to permanent employees nor will they be retained or granted any work or rights in preference to permanent employees. Should a temporary employee be hired for permanent full time or part time work, the hours that they have accrued in their

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temporary position shall be counted for seniority purposes. Temporary employment may be terminated by either the employer or the employee provided that two (2) weeks notice is given.

1.08 A contract employee is any person hired by the employer for a position for which there is a specified end date, other than a newly created classification or a position in a classification outlined in Schedule A.

There will be no layoffs of bargaining unit members as a result of hiring a contract employee. Further, if it becomes necessary to implement a layoff in accordance with Article 11.06, the contract position(s) will be laid off after the special funding has been exhausted.

A contract employee will not be eligible for the employer's benefit group plan or RRSP unless stated otherwise in this collective agreement. A contract employee will only be eligible for statutory benefits as prescribed under the Employment Standards Act, 2000 unless at the time of starting work in a contract position the employee already receives other benefits (e.g. sick leave, vacation and float days). Contract employees will not receive preference to permanent employees nor will they be retained or granted any work or rights in preference to permanent employees. Should a contract employee be hired for permanent full time or part time work, the hours that they have accrued in their contract position shall be counted for seniority purposes. Contract employment may be terminated before the end of the contract by either the employer or the employee provided that two (2) weeks notice is given.

ARTICLE 2 - RECOGNITION

2.01 WCSWR recognizes CAW as the sole collective bargaining agent for all employees of WCSWR in the Regional Municipality of Waterloo, save and except supervisors, persons above the rank of supervisor, office and clerical employees.

2.02 WCSWR and CAW agree that there will be no discrimination, harassment interference, restriction or coercion exercised or practiced by WCSWR or CAW or by any of their representatives with respect to any employee in the matter of hiring, wage rates, training, upgrading, promotion, transfer, layoff, recall, supervisory action, classification, discharge or otherwise by reason of age, race, creed, colour, ancestry, citizenship, place of origin, ethnic origin, sex, marital status, sexual orientation, family status, disability, all as defined in the Ontario Human Rights Code, as amended, nor by reason of political or religious affiliation, nor because of an employee's membership or non-membership in CAW or because of her activity or lack of activity in CAW.

The Employer and the Union jointly affirm that every employee in the workplace shall be entitled to a respectful workplace. The environment must be free of discrimination and harassment.

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Harassment is a form of discrimination, based on a prohibited ground as set out above and includes personal harassment. Harassment means any improper behaviour by a person that is directed at and/or is offensive to any employee and which that person knew, or ought reasonably to have known, would be inappropriate or unwelcome. It comprises objectionable conduct, comment or display made on either a one-time or continuous basis that demeans or belittles.

2.03 The Employer agrees to inform all new Employees that they are represented by the Union and shall provide a copy of the collective agreement.

2.04 The Union will not engage in Union activities during working hours or hold meetings at any time on the premises of the Employer without the written permission of the Chief Executive Officer or a person designated by her

2.05 Since CAW is recognized as the sole and exclusive bargaining agent of the employees, WCSWR agrees that it will not enter into any other agreements with employees, either individually or collectively, which will conflict with any of the provisions of this Agreement.

2.06 Supervisors and all other persons who are not in the bargaining unit shall not perform work normally performed by the employees unless the Supervisor or her designate have first made responsible efforts to determine that employees are unavailable or unable to perform such work. In such case the Supervisor or her designate may take such steps as are necessary to ensure that bargaining unit work is performed and this work may be done in such cases by Supervisors and/or other persons who are not in the bargaining unit.

Nothing in this Agreement shall preclude the use of volunteers or persons on a vocational job placement in the performance of any work assigned by the Employer, provided no bargaining unit employee is displaced as a result thereof.

ARTICLE 3 - THE RIGHTS OF WCSWR

3.01 CAW agrees that all rights and prerogatives of management are retained by WCSWR and remain exclusively the function of WCSWR and, without limiting the generality of the foregoing, WCSWR's rights include:

(a) The right to maintain order, discipline and efficiency; to make, alter and enforce rules, regulations, policies and practices to be observed and adhered to by the employees and such rules will be made available to all employees and CAW; to suspend, discipline and discharge any employee provided that a claim by an employee who has acquired seniority and who has completed the probationary period, that she has been discharged or diSCiplined without just cause may be the subject of a grievance and/or arbitration and dealt with as hereinafter provided;

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(b) The right: to select, hire and retain a work force including employees; to determine the qualifications necessary for the work; to determine who is qualified for the work; to transfer, assign, promote, demote, classify, lay off, recall and suspend employees; to determine the number of employees to be hired; to determine the amount and form of compensation for employees; to plan, direct and control operations, to select, hire, and retain employees for positions included in and excluded from the bargaining unit and to transfer employees within the bargaining unit;

(c) The right: to operate and maintain operations in order to satisfy its commitment and responsibilities; to determine the location of operations and the expansion or curtailment; to direct the work force including employees; to schedule operations; to subcontract work; to establish, change or modify the number of shifts; to establish, maintain or modify the methods, processes and means of operation, job contents, quality and quantity standards; to use new or improved methods, facilities and equipment, or decide on the number of employees needed at any time, the number of hours and shifts to be worked, starting and quitting time, when and where overtime shall be worked; the qualification of an employee to perform any particular job; to expand, reduce, alter, combine, transfer, assign or cease any work; and generally, to manage its activities without interference as the sole and exclusive right of WCSWR.

(d) The sole and exclusive jurisdiction over all operations, buildings, equipment, financial policies and employees shall be vested in WCSWR.

3.02 WCSWR's rights enumerated above shall be deemed not to exclude other rights not specifically set forth. WCSWR, therefore, retains all rights not otherwise specifically covered by this agreement.

3.03 WCSWR agrees that it will not exercise the foregoing rights, contrary to the express provisions of this Agreement. In the event it is alleged that WCSWR has exercised any of the foregoing rights contrary to the express provisions to this Agreement, the matter may be made the subject of a Grievance.

ARTICLE 4- STRIKES AND LOCKOUTS

4.01 There shall be no strikes or lockouts during the term of the Agreement. The words "strike" and "lockout" shall have the meaning as set forth in the Labour Relations Act as amended. The parties agree that there shall be no picketing within half a kilometre radius of WCSWR.

ARTICLE 5 - CAW REPRESENTATION

5.01 CAW shall elect a Union Committee composed of a total of four (4) employees with whom WCSWR will deal on all matters relating to this Collective Agreement including grievances, negotiations and arbitration. If Relief workers become

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Union Chairs, they must be available to meet during regular business hours (8:30-5:00).

5.02 (a) Two members of the Union Committee shall receive their regular rate of pay, or time off in lieu at the request of the employee for up to a maximum of five (5) days to attend at contract negotiation meetings, inclusive of preparation time whether on or off the Employer's premises. Meetings will be considered the employee's shift for that day.

(b) Members of the Union Committee and employees shall receive their regular pay to attend meetings with management approval on or off the premises of WCSWR set to resolve the interpretation, application and· administration of the agreement which shall cover meetings up to but not including arbitration, with representatives of the Employer. If it is a relief employee, Article 12.06 is not applicable.

(c) Members of the Union Committee shall receive their regular pay to attend meetings as identified under Article 5:06 (Mutual meetings between WCSWR and Union Committee) up to a maximum of four (4) hours each per month unless further paid hours are agreed to by WCSWR.

(d) A Union Committee member who attends a meeting identified in Article 6:02 shall receive her regular pay to attend the meeting.

(e) Union Committee members attending Union business not paid for by the employer shall receive their regular pay. The Employer will bill the Union for lost time incurred. The bill will be paid to WCSWR within 30 days upon receipt.

5.03 CAW agrees that the Union Committee members have responsibilities to perform in connection with their employment and only such time as is reasonably necessary for the prompt processing of CAW business will be consumed by such persons during working hours. If it is necessary for a Union Committee member to attend to CAW business during her working hours, she shall not do so without first obtaining permission from her Supervisor or designate. When resuming her regular work, she shall again report to her Supervisor or designate. Such permission will not be unreasonably withheld.

5.04 The Union Committee shall have the right to have the assistance of the CAW Representative or the CAW Local 302 Representative in all matters relating to the interpretation, application and administration of the Agreement. The Representative shall have access to WCSWR with the prior mutual agreement between the Representative and the Chief Executive Officer or her designate to perform such duties as Representative. The Representative agrees to abide by WCSWR policy(ies) relating to access to the building. WCSWR will provide to

. the CAW office copies of the policy(ies).

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5.05 (a) WCSWR agrees to supply CAW Local 302 with the name of the representative of WCSWR responsible for the administration of this Collective Agreement and the Chief Executive Officer. WCSWR will advise the CAW Local 302 Representative of any changes to this list.

(b) The Union may elect one Steward who may replace a member of the Union Committee if that member is unavailable. CAW agrees to supply WCSWR with the names of the Union Committee Members and Steward and will advise WCSWR of any changes to this list.

5.06 The Union Committee and WCSWR will meet at mutually agreeable times should either feel there is business for their consideration. Such meeting shall be arranged as quickly as possible upon request. A CAW Representative may attend if mutually agreed by the Union Committee and WCSWR.

5.07 WCSWR will provide one bulletin board for the convenience of CAW in posting Union notices.

5.08 CAW may appoint one (1) Union Committee member who may attend at meetings of the Board of Directors. The Union Committee member who attends such meetings shall attend without pay. The Chief Executive Officer must be notified in writing, 7 days in advance of the name of the CAW representative planning to attend.

ARTICLE 6 - SECURITY FOR CAW

6.01 (a) WCSWR agrees to deduct from the employees, and pay whatever sums may so be authorized by CAW for dues, for the term of this Agreement. WCSWR shall remit the same to the Secretary-Treasurer of CAW Local 302 together with a list of employees for whom deductions have been made. CAW agrees to indemnify and save harmless WCSWR from any claims arising by virtue of such payroll deductions except for any claim arising out of an error committed by WCSWR.

(b) Employees shall apply to be a member of the CAW.

(c) Union dues are deducted each pay period and remitted monthly by WCSWR to the CAW Local 302 no later than the last day of each month. WCSWR also agrees to advise the CAW Local 302 office of the names of union employees no longer employed at WCSWR.

6.02 New employees will have the opportunity to meet with a Union chairperson or her deSignate without members of the management for thirty minutes (30) when on shift without loss of regular pay. Such meeting shall be scheduled in conSUltation with the appropriate supervisor within the first month of employment. The union will give a copy of the collective agreement at such meeting.

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6.03 T-4 slips issued annually to employees shall show deductions made for union dues.

6.04 It is agreed that the Chair(s) of the Union Committee will be advised as soon as new employees commence as to their classification and hiring date.

ARTICLE 7- GRIEVANCE PROCEDURE

7.01 It is the mutual agreement of the parties that all matters relating to the discipline of an employee or the interpretation, application and administration of this Agreement between employees and WCSWR will be worked through as quickly as possible, without interruption to the program or service delivery, using only the designated grievance and arbitration procedures hereinafter set out. Employees shall have the assistance of a Union Committee Member or Steward, if so desired, at all stages of the grievance procedure after the Informal Stage.

Informal Stage The Employee or group of employees will attempt to resolve a grievance by informal discussion with the appropriate Supervisor prior to initiating the formal grievance.

Step 1 An Employee or group of employees shall submit the grievance in writing and signed on the form provided by CAW to the Senior (Sr.) Director of Operations within fifteen (15) days from the time the grievor(s) became aware of the circumstances giving rise to the grievance. A Step 1 meeting shall be held within ten (10) days of the receipt of the grievance between the appropriate Supervisors and/or designate(s) and the griever(s) and one or two member(s) of the Union Committee. If a satisfactory settlement is not received in writing within seven (7) days of this meeting, the grievance may proceed to Step 2.

Step 2 Failing settlement at Step 1, the written grievance may be referred in writing to the Chief Executive Officer within seven (7) days of receipt of the decision at step 1. A meeting will be held with the Chief Executive Officer and/or designate(s), 1 and/or two members of the Union Committee and the CAW representative(s) within ten (10) days from referral of the grievance in an attempt to settle the grievance. The grievor may be present. WCSWR must respond in writing within seven (7) days of such meeting. If a satisfactory settlement is not reached the grievance may be referred to arbitration as hereinafter provided but such referral must be made within fourteen (14) days of receipt of the response. Receipt is deemed to have occurred on the fifth (5th

) date following the date of the mailing.

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7.02 Policy Grievance

It is understood and agreed that either party may register a policy grievance within twenty (20) days after becoming aware of the circumstances giving rise to the grievance with respect to the application, administration or interpretation of this agreement. Such policy grievance if submitted by CAW shall be to the Chief Executive Officer and if by WCSWR shall be submitted to a member of the Union Committee, in writing and shall commence at Step 2 of the foregoing grievance procedure.

7.03 Group Grievance

Where two or more employees have similar grievances dealing with the same issue concerning the interpretation, application, administration or alleged violation of this agreement, CAW may initiate the grievances as a group grievance signed by the Chair of the Union Committee or the Chair's nominee and shall submit the grievance in writing and signed on the form provided by the CAW to the Sr. Director of Operations or her designate within twenty (20) days after becoming aware of the circumstances giving rise to the first grievance. The Sr. Director of Operations or her designate will respond in writing within seven (7) days. If the grievance is not resolved, a meeting shall then be arranged with the Chief Executive Officer and/or designate(s), the CAW Representative, the concerned employees and 1 and/or 2 members of the Union Committee, within seven (7) days following receipt of the Chief Executive Officer's or her designate(s) response. WCSWR must respond in writing within seven (7) days of such a meeting. If a satisfactory settlement is not reached the grievance may be referred to arbitration as hereinafter provided but such referral must be made within fourteen (14) da¥s of receipt of the response. Receipt is deemed to have occurred on the fifth (5 h) date following the date of the mailing.

7.04 A claim by an employee that she has been dismissed without just cause shall be treated as a grievance if a written statement of such grievance is signed by the dismissed employee and delivered to the Chief Executive Officer or her designate within fourteen (14) calendar days after notice of dismissal has been given to WCSWR. The grievance shall proceed directly to Step 2 of the grievance procedure and the meeting therein provided shall occur within ten (10) days of the receipt of the grievance in an attempt to settle the grievance. The grievance may be settled by confirming WCSWR's decision to dismiss the employee, or alternatively where appropriate reinstatement with or without compensation or by any arrangement which is just and equitable in the opinion of WCSWR and CAW or an Arbitrator established in accordance with the Arbitration provisions of this agreement.

7.05 Time limits contained in this grievance process may be extended by mutual agreement.

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7.06 Prior to the grievance being arbitrated, mediation may be used to settle the grievance, provided both parties agree.

7.07 The term "day" when used in this agreement for the grievance procedure, shall exclude Saturdays, Sundays and paid holidays.

ARTICLE 8- ARBITRATION

8.01 It is understood and agreed that no matter may be referred to Arbitration without the Grievance Procedure having been completed.

8.02 A matter may be referred to Arbitration by written notice delivered to the other party that the matter is being referred to Arbitration. The notice must also contain the name(s) of the party's proposed three arbitrators. The recipient of the notice shall, within ten (10) calendar days, confirm agreement to one of the arbitrators proposed, or propose alternative name(s) of arbitrators.

8.03 In the event the parties fail to agree on a single arbitrator within 20 calendar days of the written referral to Arbitration, the Minister of Labour of Ontario, upon request of either party, shall appoint a single arbitrator.

8.04 The decision of the single arbitrator will be final and binding for all concerned parties thereto and the employee(s).

8.05 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or work through the grievance or unless mutually agreed to by the parties.

8.06 The single arbitrator shall not alter or modify any of the provisions of this Agreement or substitute any new provisions in lieu thereof or to give any decision inconsistent with the terms and provisions of this Agreement.

8.07 Each of the parties shall pay their own expenses of preparing and presenting its own case, including wages or salaries of its witnesses, and the parties shall share equally the fees and expenses, if any, of the single arbitrator.

8.08 The time limtts contained in this Agreement may be extended by mutual agreement.

ARTICLE 9 - DISCIPLINARY ACTION AND DISMISSAL

9.01 Employees subject to disciplinary action shall have the right to the presence of a Union committee member at the time the action is taken if she so wishes. WCSWR will advise the employee(s) of this right. CAW acknowledges that in certain circumstances immediate action is required to ensure the safety and security of WCSWR. A disciplinary meeting will be scheduled.

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9.02 In any matters that necessitate disciplinary action, it is agreed such action must be removed from an employee's file after eighteen (18) months of working at active employment for WCSWR, if within that eighteen (18) month period there has been no further disciplinary action(s).

9.03 Disciplinary action must be communicated to the employee concerned within ten (10) days of WCSWR becoming aware of the circumstances given rise to the disciplinary action.

9.04 It is agreed CAW Local 302 and the Union Committee will be notified in writing of the dismissal of any union employee.

ARTICLE 10 - ACCESS TO PERSONNEL FILES

10.01 Personnel records will be maintained in a confidential location. An employee may have supervised access to her own file in the administration office, upon request to the Human Resources Manager or her designate. The employee may be accompanied by a Union Committee Member of CAW while reviewing her own records. The employee will be provided a copy of any item she requests.

ARTICLE 11- SENIORITY

11.01 Seniority, for the purpose of this Agreement, is defined as the length of continuous service in the bargaining unit and will be applied on a bargaining unit wide basis. Such seniority will date from the first day worked and will accumulate thereafter in accordance with Article 11 :02. In the case where more than one employee commences work on the same date, seniority for those employees will be determined by lottery. A full time Employee shall be on probation until she has actively worked for a continuous period of six (6) months or has actively worked 910 hours, whichever is firs!. A part time Employee shall be on probation until she has actively worked for a continuous period of six (6) months or has actively worked 546 hours, Whichever is firs!. A Relief Employee shall be on probation until she has actively worked for a continuous period of four (4) months or has worked 416 hours, whichever is greater. The period an Employee is on probation may be extended by mutual agreement between the Employee and WCSWR. The employment of a probationary employee may be terminated at any time at the sole discretion of WCSWR and shall not be subject to the grievance procedure.

11.02 An employee shall accumulate seniority only under one of the following conditions:

(a) While working at active employment for WCSWR, or on a paid leave of absence;

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(b) During any absence due to medically certified illness/injury or pregnancy or parental leave;

(c) Unpaid leave for thirty (30) days or less.

An employee who does not qualify to accumulate seniority shall maintain existing seniority unless and until that employee loses same pursuant to Article 11:10 of this Agreement.

11.03 Seniority lists will be posted on the CAW bulletin board and will be revised every six (6) months according to the records of WCSWR. This will include a list of hours worked by each relief and part-time staff. Employees will have sixty (60) calendar days from the date on the seniority list to notify WCSWR in writing of any errors, changes and/or additions.

11.04 WCSWR will supply the Union Chairs with copies of the seniority list as well as forwarding a copy to the local CAW office.

11.05 It is agreed employees will be transferred to a position outside of the bargaining unit only by mutual agreement. If an employee is transferred outside the bargaining unit, seniority shall be retained. If an employee returns to the bargaining unit within a twelve (12) month period, she shall return at the salary level she would have been at if she had remained in the bargaining unit. It is understood that the twelve (12) month period may be extended by mutual agreement.

11.06 LAYOFFS AND RECALL

(a) In the circumstances where an employee is laid off, seniority within a classification will prevail.

An employee subject to layoff shall have the right within seven (7) days of written notification of the layoff to either:

i) Accept the layoff; or

ii) Displace an employee with less seniority, providing the employee has the relevant skill, ability, efficiency and qualifications to perform the work and has previously performed the duties of the position within the last six months.

(b) Recall will be in the reverse order of layoff. An employee will be recalled to a classification from which she was laid off or a position previously held or in another position provided that the employee has the relevant skill, ability, efficiency and qualifications to perform the work and has previously performed the duties of the position within the last six months.

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(c) WCSWR agrees not to hire any new employees while there are employees in the same classification on layoff who have the skill and ability to perform the work.

(d) Employees who refuse to return to work when recalled under the terms of this provision will be considered to have voluntarily resigned unless otherwise mutually agreed.

(e) WCSWR shall give an employee who is laid off for a period of more that eight (8) weeks, notice in writing, or pay in lieu of notice, or a combination of notice and pay in lieu of notice, in accordance with the following schedule:

(i) Up to two (2) years service - two (2) weeks;

(ii) Three (3) years service or more but less than four (4) years service­three (3) weeks;

(iii) Four (4) years service or more but less than five (5) years service -four (4) weeks;

(iv) Five (5) years service or more but less than six (6) years service - five (5) weeks;

(v) Six (6) years service or more but less than seven (7) years service -six (6) weeks;

(vi) Seven (7) years service or more but less than eight (8) years service­seven (7) weeks;

(vii) Eight (8) years service or more - eight (8) weeks.

The parties agree that any notice or pay in lieu of notice that an Employee receives pursuant to this provision is inclusive of any notice of termination, or pay in lieu of notice, that the Employee is entitled to pursuant to the Employment Standards Act, 2000 in the event that the Employee's employment is terminated.

(f) Service shall be calculated as defined in Article 11.01, as of the date of the proposed layoff.

11.07 If an employee wishes to grieve a lay-off the employee shall submit the grievance in writing to the Chief Executive Officer or her designate within fifteen (15) working days of the lay-off notice being received. Receipt is deemed to have occurred on the fifth (5th

) day following the day of mailing. Thereafter, the grievance shall proceed immediately to Step 2 as set out in Article 7.01.

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11.08 In the event of a layoff, the Employer will meet with the Union to review the following:

(a) The reasons causing the layoff;

(b) The services, if any, the Agency will provide to its residents/clients after the layoff;

(c) The method of implementation including the areas of cutback and the employee to be laid off.

11.09 In the event of a layoff of employees, the Employer shall pay its share of the Insured Benefits Premiums for thirty (30) days after the end of the month in which the layoff occurs. The employees may, as long as allowed under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of the benefit or benefits.

11.10 An employee shall lose all seniority and her employment shall be deemed to be terminated if she:

(a) Voluntarily resigns her employment with WCSWR;

(b) Is terminated and the termination is not reversed through the grievance and arbitration procedure;

(c) Fails to notify of her intention to resume work for WCSWR within five (5) workings days following the date of the written notice of recall from the WCSWR sent by registered mail to the employee's last known address as recorded on the records of WCSWR, or she fails to report to work within five (5) working days from such notification except for the reasons satisfactory to WCSWR;

(d) Overstays a leave of absence or vacation except if in the opinion of WCSWR there is justification;

(e) Absents herself for three (3) consecutive working days without notifying WCSWR unless in the opinion of WCSWR there is justification for both the absence and the lack of notification;

(f) Is absent from work due to layoff for a continuous period of 12 (twelve) months;

(g) Uses a leave of absence for a purpose other than that for which the leave has been granted;

(h) Is retired.

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11.11 In the event that an Employee voluntarily resigns her employment, she will endeavour to provide the Employer with two (2) weeks notice of her resignation.

ARTICLE 12- HOURS OF WORK

12.01 (a) Article 12 provides the basis for defining the norma! hours of \A/ork, but shall not be read or construed as a guarantee of hours of work per day or week, or days of work per week, or a work schedule.

(b) Full time employees will be scheduled thirty three (33) to forty eight (48) hours per week. The hours of work of full time or part time residential and relief employees will be up to twelve (12) hour shifts. All other full and part time employees will be scheduled up to ten (10).

(c) Employees who work longer than five (5) consecutive hours but less than seven (7) consecutive hours, shall be entitled to one unpaid thirty (30) minute meal period. Employees who work seven (7) consecutive hours or longer are eligible to take one half (112) hour meal period and two (2) fifteen (15) minute breaks during their shift without pay. No employee will work longer than five (5) consecutive hours without taking the meal period. Breaks may not be taken at the end of the shift, unless previously approved by the Supervisor.

Breaks will be scheduled by WCSWR in accordance with service delivery needs. Employees must take breaks at scheduled times unless pre-approved by their immediate Supervisor andlor designate.

(d) Employees who work seven (7) consecutive hours or longer that begins between and including 9:00 p.m. and 5:00 a.m. will be paid for their one half (112) hour meal period and two (2) fifteen (15) minute breaks. Emp!oyees 'Nno "A/ork longer than five (5) consecutive hours on a shift, that begins between and including 9:00 p.m. and 5:00 a.m. will be paid for their one half (1/2) hour meal period. Residential employees who are single staffed in the residential program will be entitled to a paid meal period.

(e) For the purposes of section 22 of the Employment Standards Act, 2000, the parties agree that for the purpose of calculating overtime, when a part time or full time residential or relief employee works a 12 hour shift schedule, their hours will be averaged over a period of two

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weeks. All hours worked in excess of eighty-eight (88) hours in a two (2) week pay period shall be considered "overtime hours". It is the relief worker's responsibility to inform a manager if accepting a shift would put them over 88 hours and request permission to work the overtime hours.

12.02 (a) Full time and part time residential employees who are working the 12 hour shift schedule will receive Compensatory Time (paid time in lieu) at the rate of one (1) hour for each overtime hour worked above their scheduled hours per day up to and including eighty-eight (88) hours per two week pay period, and one-and-one-half (1.5) hours for each overtime hour worked beyond eighty-eight (88) hours per two week pay period. All other full time and part time employees will receive Compensatory Time at the rate of one (1) hour for each overtime hour worked up to and including forty-four (44) per week, and one-and-one -half (1.5) hours for each overtime hour worked beyond forty-four (44) hours per week.

(b) The approval of the Supervisor or designate must be obtained before incurring Compensatory Time except in case of an emergency. A full or part time employee may incur up to thirty (30) minutes Compensatory Time in case of an emergency but must immediately report the circumstances of the emergency to the supervisor or designate.

(c) Once 21 hours compensatory time is accumulated, it needs to be taken off prior to the accumulation of additional Compensatory Time. Employees requesting Compensatory Time off must complete the Request for Time off Form five (5) working days prior to the requested time off and submit to their immediate supervisor or designate. Compensatory Time off will not be approved if adequate programming cannot be maintained.

Compensatory time must be used by December 31 st• Only Compensatory Time earned in the last two (2) weeks of December of each year will be considered for carry forward into the next year and must be approved in writing by the Supervisor. This compensatory time must be taken by January 31 st and the supervisor has the right to schedule this. Should there be extenuating circumstances in the opinion of WCSWR management a time extension will not be unreasonably denied.

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(d) Relief employees must obtain the approval of the Supervisor or designate before working hours beyond their scheduled hours, except in case of an emergency. A relief employee may incur up to thirty (30) minutes overtime in case of an emergency but must immediately report the circumstances of the emergency to the supervisor or designate.

12.03 When an employee is not required to report for the scheduled shift, WCSWR shall attempt to contact the employee at least three (3) hours in advance of start of the shift. If WCSWR makes no attempt to contact the employee concerned, then the employee who reports for their scheduled shift shall receive work or pay in lieu of work for at least four (4) hours.

12.04 In normal circumstances, no full time or part time employee shall be scheduled to work for more than five (5) consecutive days in a seven (7) day period without the employee's consent.

12.05 Employees who work in excess of their regularly scheduled shift shall be entitled to additional paid breaks of fifteen (15) minutes for each additional four (4) hours worked.

12.06 Employees required to report by a Supervisor or designate for a meeting outside their scheduled shift and who report for the meeting will be paid the greater of one hour or the length of the meeting.

12.07 All Full Time and Part Time Employees must be available to work within the current rotation for their program, and are expected to work at both locations.

12.08 Relief Availability

(a) All Relief Employees hired before April 20, 2011 must make themselves available for a minimum of 2 full shifts per week. Of these two shifts, one must be an overnight. The length of a shift will depend on the type of schedule rotation. Availability for a shift is not location specific, and relief employees are expected to work at both locations.

(b) Relief employees hired or moving to a relief position after April 20, 2011 must make themselves available for a minimum of 3 shifts per week. Of these three shifts, two must be overnight shifts with one of those overnight shifts being between Monday through Friday.

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(c) Availability must be such that there is at least 11 hours or more between the two shifts and would satisfy the requirements under the Employment Standards Act. An employee may choose to post their availability in terms of days rather than shifts as long as they are available for all shifts in that day, including overnights.

(d) In order that Relief Employees may have consecutive days of vacation time, Relief Employees may be unavailable or "off" for up to a set number of weeks per year, according to the following schedule.

Length of Continuous Employment in Vacation Time the Bargaining Unit as of Dec.31

Less than 4 years 3 weeks

4 years but less than B years 4 weeks

B years or more 5 weeks

These weeks may not be carried over from year to year. When booking "off" a week, the relief employee must note this in their availability by the first day of the month for the following month. The employer reserves the right to restrict the number of relief off to no more than two relief staff per week. Should more than two relief staff want the same week off, seniority will be applied if a mutual agreement cannot be reached. Weeks must be whole weeks and not partial weeks.

(e) Relief employees must submit availability to work at least 10 of the public holidays per calendar year. If the public holiday falls on a Friday, Saturday, Sunday or Monday, Relief employees must be available for the whole weekend including the public holiday. Availability for public holidays must be provided by December 1 of each year for the year following and relief employees must be available to work all shifts during a public holiday. Relief employees who book off Christmas, Boxing Day, or New Year's Day in any given year, may not book off the same public holidays in the following year. The employer reserves the right to restrict the number of relief who are unavailable on a public holiday to no more than two relief staff. Should more than two relief staff be unavailable for a public holiday; seniority will be applied if a mutual agreement cannot be

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reached. Relief employees who are hired after December 1 of each year will be expected to be available for all remaining public holidays until the end of the next calendar year.

(f) Relief employees must provide their availability no later than the first of each month for the month foiiowing. Reiief empioyees cannot change their availability once the employer has received it, unless permission is obtained which will not be unreasonably denied.

12.09 Posting of the Schedule

The employer will post the schedule by the fifteenth (15) of every month for the following month for all employees. This schedule will include all work shifts and known time off (vacation, comp, float, training, etc.) for full time and part time employees and scheduled work shifts for relief employees.

The employer will give thirty (30) days notice to any full time or part time employee regarding a change to her schedule.

Relief employees will be scheduled on a monthly basis for shifts requiring coverage based on seniority and their availability. Overnights will be scheduled by the employer before other shifts starting with the least senior relief for those hired or moving to relief after April 20, 2011. In the event that a more senior relief employee is available for the same shift, it will be assigned based on seniority. Employees will not be scheduled more than three overnight shifts per week unless no other employee is available. All other shifts will be scheduled by the employer one shift per week by seniority and availability until the seniority list is exhausted and/or there are no more unassigned shifts.

In the event that any shift requiring coverage is not filled, the shift will be posted vacant from the 1S·h of the month to the 21 s, of the month for shifts in the following month. During this time, any relief employee may accept the shift regardless of availability. Should more than one relief employee accept the shift, the most senior relief employee will be assigned the shift. If the shift remains vacant, full time or part time employees will be offered the shift. Should the employer be unable to fill the shift, the Relief employee with the lowest seniority will be mandated to work, subject to the Employment Standards Act and so on up the relief list.

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12.10 Unassigned shifts or vacancies in the schedule

Shifts that become available after the schedule is posted will be filled by the completion of a call out. The available shift will be first offered by availability to the Relief employee with the least number of shifts. If that employee declines then it will be offered to the Relief employee with the next-least number of shifts, and so on. Where at any point in this process there are two or more Relief employees with the same number of shifts, then it will be offered within that group by seniority.

Notwithstanding the foregoing, where a shift becomes available on a public holiday after the schedule is posted, it shall be filled on the basis of a call out. The available shift will be first offered to the most senior Relief employee based on availability. If that employee declines then it shall be offered to the next most senior Relief employee based on availability.

Should no Relief employee accept an unassigned shift from a call out, the employer reserves the right to mandate a Relief employee with lowest seniority and availability to work the shift. In the event that extenuating circumstances may prevent a Relief employee from working a shift she must discuss this with the Manager in charge of scheduling or the designate prior to the shift. Extenuating circumstances will not be unreasonably denied.

12.11 In the event that the relief list has been exhausted and a shift remains unassigned, all relief employees regardless of availability will be offered the shift. Failing this, full time or part time employees will be offered the shift. Should the employer be unable to fill the shift, the relief with the lowest seniority will be mandated to work, subject to the Employment Standards Act and so on up the relief list.

12.12 Relief employees must work at each shelter location a minimum of one shift in a one month period and one of the shifts must be an overnight shift. Relief employees who refuse shifts offered meeting this requirements shall be deemed to have voluntarily resigned their employment.

12.13 a) Relief Employees may be permitted to switch up to two shifts per month that were shifts scheduled according to Article 12.08 with approval from management 7 days prior to the shift without penalty. Both employees involved in the switch must agree in writing to the switch. Shifts that are switched must be the same length (number of hours).

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b) Full and part time employees may be permitted to switch up to two shifts per month with approval from management 7 days prior to the shift without penalty. Both employees involved in the switch must agree in writing to the switch. Shifts that are switched must be the same length (number of hours). No more than one weekend shift switch is allowed per month.

12.14 The union (which includes any of the Union Committees or CAW Representative) will be informed prior to any major modifications, rotation changes or shift length of the work schedules. All efforts will be made to give reasonable notice.

12.15 WCSWR will be responsible for maintaining the call out lists regardless of medium.

12.16 Any employee may be assigned to any work location or shift within their availability.

ARTICLE 13- PAID HOLIDAYS

13.01 WCSWR shall recognize the following days as Paid Holidays:

New Years Day Family Day Good Friday Easter Monday

Victoria Day Canada Day Civic Holiday Labour Day

Thanksgiving Christmas Day Boxing Day

13.02 Relief employees who work on a Paid Holiday will receive pay at a rate of time and one half (1 )1,) for all hours worked in addition to their statutory holiday pay.

13.03 Full time and part time employees who work on a Paid Holiday will receive pay at a rate of time and one half (1 )1,) for all hours worked and, at the staffs request, either another day off in lieu or their statutory holiday pay.

This seciion does not appiy to an employee who:

a) Fails to work her scheduled regular day of work following a paid holiday unless a satisfactory reasonable excuse is provided or unless prior approval is obtained from the Employer;

b) Has agreed to work on a paid holiday and who, without reasonable cause, fails to report for and perform the work.

13.04 When a Paid Holiday occurs during a full time or part time employee's vacation period, the full time or part time employee will be entitled to an additional vacation day.

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13.05 If one of the Paid Holidays occurs on a full time or part time employee's day off, the full time or part time employee will receive an extra day off at a time mutually agreed upon between the full time or part time employee and WCSWR.

13.06 Full time and part time employees, because of religious or spiritual affiliations, may take a written request to their immediate supervisor or designate for a Paid Holiday, if possible, substituted for the Paid Holidays set out in Article 13:01.

ARTICLE 14- VACATION

14.01 Full time and part time employees will be eligible for vacation and vacation pay and relief employees will be eligible for vacation pay according to the following schedule:

Length of Full Time Part Time Vacation Pay as a Continuous Employees Employees % of Earnings Employment in the Bargaining Unit as of Dec. 31 Less than 4 years 105 Hours Pro-rated Hours 6%

(3 weeks) (3 weeks) 4 years but less 140 Hours Pro-rated Hours 8% than 8 years (4 weeks) (4 weeks) 8 years or more 175 Hours Pro-rated Hours 10%

(5 weeks) (5 weeks)

14.02 (a) The vacation year shall be from January 1 to December 31 of the calendar year. Full time and part time employees will begin to earn vacation hours on January 1 each year. Full time and part time employees with less than one year of continuous employment in the bargaining unit as of December 31 will have vacation hours pro-rated according to their start date.

(b) Full time and part time employees may continue to request vacation and vacation pay before it is earned in accordance with Article 14.09. In the event an employee is no longer employed by WCSWR or is no longer a full time or part time employee for an reason:

i) The employee will only be paid the vacation pay she has earned and has not already received; and

ii) WCSWR is authorized to deduct from the earnings of the employee any vacation pay that she has received but not earned.

14.03 In this article "earnings" means earnings of the employee for the fifty-two (52) week period ending as of November 30th of that year before vacation pay.

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14.04 Relief employees shall be paid outstanding earned vacation pay with the first pay in December of each year. Relief employees may make a written request to the Human Resources Manager or designate once in a calendar year, two weeks in advance of a pay period, to be paid all outstanding earned vacation pay to the end of that pay period.

14.05 Where a full time employee's scheduled vacation is interrupted due to illness, and the employee can provide immediately upon return from vacation a medical certificate establishing such illness, the period of illness shall be considered sick leave.

14.06 An employee whose employment ends for any reason will only be paid outstanding earned vacation pay in accordance with the provisions of the Employment Standards Act or as set out in Articles 14:01 to 14:03, whichever is greater.

14.07 Vacation hours taken by full time and part time employees are deducted in the pay period in which they are taken. Vacation hours are brought forward from the last time sheet and recorded in the first week of the next time sheet.

14.08 Full time and part time employees must request in writing, approval from their immediate Supervisor, to carry over any accumulated vacation hours up to a maximum of thirty-five (35) hours at December 31 s' to March 31 of the following year. This re~uest is to be made to the immediate Supervisor or designate by November 301 of the calendar year. Vacation not taken by December 31, or by March 31 of the following year if approval to carry over has been given, will be scheduled by WCSWR. The employee and immediate Supervisor will meet in January of each year to discuss scheduling of unused vacation from the previous year.

14.09 Full time and part time employees will take vacation hours at a time mutually agreed by WCSWR and the employee. In order to exercise seniority rights, the advanced request for vacation must be made to the immediate Supervisor or designate in writing on or before January 31 51 of each year for the period for April 151 through to September 30lh and on or b ..... .1: ....... - 1 •• hI3 .. st,...,: ............... .. I ......... ~""II' th"'" ... "",ri""d ""f' n .... tftbft .. ",st thrru'gh +,.., U!:II .. ,..h

'CIVIII:i oJUIY I VI 'CU.""I y""u.1 IVI I..., t-" ..... .., V' _".., ..... III ........ I.'" ............ .

31 51 of the following year. Seniority rights may be exercised once in a calendar year. Advanced requests for vacation will be approved within one month of the deadline. All other vacation requests will be considered on a first come, first served basis. In all other cases, employees must complete the appropriate request form, by the first of the month prior to the month of which the vacation is requested and submit it to their immediate supervisor for approval. Requests for vacation will not be unreasonably denied. When considering vacation requests the first priority of WCSWR is to ensure an effective work force at WCSWR.

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14.10 In the event of the death of employee, the employee's beneficiary or estate shall be entitled to receive such vacation pay as may stand to the credit of the employee.

14.11 Paid vacation hours for the year will be pro-rated for unpaid leaves of absences; including but not limited to, maternity leave.

ARTICLE 15- JOB CLASSIFICATION AND WAGE RATES

15.01 The job classification and wage rates are set out in Schedule "A" which is attached hereto and forms part of this Agreement.

15.02 (a) If an existing classification is changed within the bargaining unit, or a new classification is created within the bargaining unit, WCSWR will provide CAW with a job description. The job description will be provided to CAW as early as possible for implementation of changes to an existing job or to the creation of a new classification. The rate of pay shall be subject to negotiation between WCSWR and CAW;

{b) IfWCSWR and CAW are unable to agree on the rate of pay, such dispute shall be submitted to arbitration for final determination within thirty (30) calendar days of the implementation of the classification. The new rate shall be retroactive, for all hours paid under the classification.

(c) The Board of Arbitration shall set a wage rate bearing an equitable relationship to the classifications not in dispute in Schedule "A".

15.03 (a) An employee who secures a position in a higher paid classification, either on a temporary or a permanent basis shall be placed on the wage grid in the applicable classification at the same step they held while occupying their previous position.

(b) Where an employee holds a full time temporary pOSition, the employee will move up the grid, only after completing 12 months in the temporary position.

(c) Where an employee completes a full time temporary position, the employee shall, if returning to a relief position be placed on the grid based on the accumulated hours to date.

15.04 Pay day will be every second Friday for the immediately preceding pay period, unless mutually agreed otherwise. WCSWR is entitled to deduct amounts from an employee's pay in order to correct payments for previous pay periods.

15.05 In the event the pay day falls on a statutory holiday, WCSWR agrees to pay all employees on the preceding work day.

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ARTICLE 16- SCHEDULING FUNCTIONS

16.01 The Employer will not require any employee to perform management functions, with the exception of scheduling of last minute shifts as per Article 12 and operational guidelines.

ARTICLE 17 - JURY AND COURT WITNESS LEAVE

17.01 The Employer shall grant leave of absence without loss of seniority, benefit or wages to an Employee who serves as a juror. The Employer shall pay such an Employee the difference between her normal earnings and the payment she receives for jury services. The Employee will present proof of service and the amount of pay received.

17.02 Should an Employee present herself for selection, and not be selected, she is required to return to the Employer's premises to complete her remaining normally scheduled work day.

17.03 Time spent by an Employee required to serve as a subpoenaed/summoned witness in any matter arising out of her employment, shall be considered as time worked at the Employee's regular hourly rate of pay.

ARTICLE 18 - LEAVES OF ABSENCE

18.01 CAW Leave of Absence

(a) WCSWR shall be in agreement with leave of absence without pay for two (2) employees to attend CAW conventions, seminars, educational classes, and other CAW business if they are scheduled to work.

(b) The request for such leave of absence will be made in writing to the Chief Executive Officer or her designate at least two (2) weeks in advance, unless there are extenuating circumstances, and there must be sufficient staff coverage for the time employees seek to be absent. Such request will not be unreasonably denied.

(c) VVCSVVR. in its absolute discretion, may consent to the attendance of three (3) employees.

18.02 Personal Leave of Absence

(a) A personal leave of absence shall be within the parameters of Article 18:02 (b) or 18:02 (c) and shall be without payor benefits and for legitimate personal reasons such as elder care. Employees shall make a written request for personal leave of absence and shall identify the specific reasons for the request. A personal leave of absence must have the consent of the Chief Executive Officer or designate and must not

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interfere with the efficient running of WCSWR. Such consent shall not be unreasonably withheld. Employees will return from the personal leave of absence without loss of seniority, length of service and attained salary level.

(b) Employees may request once per calendar year, a personal leave of absence for no more than 15 days. The request shall be made at least five (5) days before the personal leave of absence. Extensions may be granted for extenuating circumstances.

(c) In addition to Article 18:02 (b), after two consecutive years of service, employees may request a personal leave of absence once in five (5) calendar years of no more than twelve (12) months. The request shall be made at least forty-five (45) days before the personal leave of absence. Where an employee has been on a leave of absence of more than thirty (30) days she must return to active service for a minimum period of two consecutive years before she may request a leave of absence under this provision.

18.03 Float Hours

(a) Full-Time Employees shall receive 21 float hours, to be scheduled at mutually agreeable times. Part-Time Employees will receive pro-rated hours per year. Float hours are earned based on each month of active employment, unless otherwise required by statute. Float hours cannot be carried over from one calendar year to the next. Where an Employee does not earn all the float hours for that year, the number of float hours will be reconciled (rounded to full months) upon the Employee's return from leave, or cessation of employment. Where the Employee's employment ceases, any overpayment will be repaid as per Article 30.

(b) Employees are not entitled to financial compensation for any unused float hours either during or after the employee's employment.

(c) An employee must make a written request to their immediate Supervisor or designate, five working days prior to the time requested to use float hours. Extenuating emergency circumstances will be taken into consideration.

18.04 Bereavement Leave

(a) In the event of a death of a Full Time employee's immediate family, the employee will be entitled to receive a leave of absence with pay at or about the time of death for the days they were scheduled to work. The maximum entitlement is five (5) consecutive working days. For the purpose of this provision, immediately family is defined as spouse,

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common law partner, child, mother, father, sister, brother, grandparent or grandchild, mother-in-law, father-in-law, daughter-in-law and son-in-law.

In the event of the death of an aunt, uncle, sister-in-law, brother-in-law, grandparent-in-Iaw or ward, a full time employee shall be entitled to receive a leave of absence with payor at about the time of the death for the days they were scheduled to work. The maximum entitlement is three (3) consecutive working days.

(b) Compassionate leave of one (1) day with pay may be approved by the Chief Executive Officer or her designate in the event of a death of someone with whom the staff has had a significant relationship. Such approval shall not be unreasonably denied.

(c) An Employee who is on vacation at the time of a bereavement for which they are entitled to bereavement leave shall not have their vacation hours reduced for such absence. The period of vacation so displaced shall be either added to the vacation period or reinstated at a later date by mutual agreement between the Employee and the Employer.

(d) The parties agree that a bereaved employee may request, and the Employer shall grant, additional time off without pay for the purpose of travel related to the death of a member of the employee's family.

(e) Employees shall be entitled to an extension of the above-mentioned time limits without pay.

(f) Part time employees shall be entitled to bereavement leave on a prorated basis on their FTE.

(g) Relief employees shall be entitled to unpaid bereavement leave.

18.05 Workplace Safety & Insurance Board

(a) The Employer shall provide the injured employee with a copy of the Workplace Safety & Insurance Board "Form 7" prior to submitting it to the Workplace Safety & Insurance Board, or the documentation required for an alternative plan, in order to give the employee an opportunity to discuss with the Employer and amend any errors or omissions which may exist.

(b) The employee shall be reinstated to her former position or provided with alternative work of a comparable nature at not less than her wages at the time of her leave of absence without loss of seniority, service or benefits accrued.

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(c) The Employer will continue the benefits as herein provided relating to sick leave, vacation and health and welfare program, while an employee is receiving benefits from Workplace Safety & Insurance Board or appealing a decision at the Workplace Safety & Insurance Board.

18.06 Educational Leave

(a) Where new or additional skills are required by WCSWR, WCSWR will ensure that staff are provided with the necessary training and will pay employees for such training. Employees shall be given a reasonable period of time, without any reduction in rates of pay during which they will acquire the new or additional skills required. The reasonable period of time shall be determined relative to other employees being provided with the same training. If there are no other employees to compare to, the reasonable period of time shall be determined by WCSWR.

18.07 Benefits

(a) A leave of absence is an authorization for an Employee to be absent from work for a definite period of time which has been approved in advance by the Employer. Paid leave includes paid benefits; unpaid leave shall not, unless required by legislation.

ARTICLE 19 - PREGNANCY/PARENTAL LEAVE

19.01 Pregnancy/Parental Leave will be granted in accordance with the Employment Standards Act (ESA) as amended from time to time and:

(a) Upon return to work, an employee shall be reinstated to her position, at the start of the work schedule, provided the position still exists. If not, then to a comparable position at the same rate of pay as when the leave commenced, or, if it is higher, the rate the employee would have been earning had she worked through the leave.

(b) WCSWR may require, on medical grounds, that such pregnancy/parental leave must begin on a date earlier than requested by the employee, if at such time the duties of her position cannot be reasonably performed by a pregnant woman or the performance of the employee's work is materialy affected by the pregnancy and the employee must, if requested by WCSWR furnish proof of her fitness to resume her employment.

(c) If an Employee does not notify the Employer in writing of her intent to return to work or does not return to work upon the expiration of her leave, she shall be considered as having terminated her employment.

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ARTICLE 20 - JOB VACANCIES

20.01 (a) When a vacancy occurs or a new position is created inside the bargaining unit, as a result of death, retirement, resignation, promotion, demotion, transfer, termination of employment, an absence from work on an approved leave of absence, including, but not limited to, Pregnancy/Parentalleave and Workplace Safety & Insurance Board leave or in the case of temporary vacancy exceeding three (3) months or contract position the Employer shall post a notice of the position on the bulletin board for a minimum of ten (10) calendar days and will accept written application during those ten (10) calendar days. Part-time, Relief, Temporary and Contract Employees shall be given the opportunity to apply for new positions or vacancies that are posted and shall be considered before any other employee is hired.

(c) Such notice shall contain the following information:

(i) Nature of position;

(ii) Qualifications;

(iii) Required knowledge and education;

(iv)Skills;

(v) Occupational requirements;

(vi) Salary rate.

(c) This article shall not apply to temporary vacancies of less than ninety (90) days duration. This article shall not apply if the Employer determines that the demands of the agency (e.g. service delivery or financial constraints) dictate that a vacancy need not be filled.

20.02 In filling a job positing, the Employer will give primary consideration to the following:

(i) Nature of position;

(ii) Qualifications;

(iii) Knowledge and education;

(iv) Skills;

(v) . Occupational requirements;

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Where the Employer considers the above criteria to be relatively equal, seniority shall govern.

It is understood that there will be no change to the existing job qualifications, education and occupational requirements without first discussing the change with the Union.

20.03 In the event the successful applicant within thirty (30) working days of commencing work in the posted position, or such longer period as may be mutually agreed upon in writing, proves unsatisfactory or requests a return to her former position, she shall be returned to her former position without loss of seniority. It is understood this procedure does not prevent the employee from lodging a grievance.

20.04 If no applications to fill such vacancy or new job created are received from employees, or if there is no successful applicant from within the bargaining unit, then WCSWR may give consideration to persons not employed in the bargaining unit.

20.05 Copies of all job postings shall be provided to a member of the Union Committee before posting.

20.06 The name of the successful candidate will be communicated to employees through e-mail after all applicants are advised of the results.

20.07 If a full time or part time employee resigns they will be eligible to be placed on the applicable relief employee lists in order of seniority provided they have first given WCSWR two weeks written notice.

ARTICLE 21-SICK LEAVE

21.01 (a) Full time Employees shall be entitled to 105 paid hours of sick leave per calendar year, which may be used in cases where a full time Employee or any of her children are ill or where a full time Employee's partner is critically ill. Sick leave does not accrue during unpaid leaves of absence.

(b) Full time Employees will receive eligible sick leave on January 1st of each year. Full time employees in their first calendar year of employment in the bargaining unit will have sick leave prorated to their start date.

(c) Part time Employees shall be entitled to prorated paid hours of sick leave per year, which may be used in cases where a part time Employee or any of her children are ill or where a part time Employee's partner is critically ill. Part time employees in their first calendar year of employment in the bargaining unit will have sick

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leave prorated to their start date. Sick leave does not accrue during unpaid leaves of absence.

(d) Any work time missed by an employee due to sickness shall be deducted from their sick time bank.

21.02 (a) An employee shall notify the on call manager as soon as possible of their illness and preferably no less than three (3) hours before the start of their shift or six (6) hours if the shift is a night shift. An employee must speak directly to the on call manager when calling in sick and shall notify her of any appointments that need to be rescheduled, unless the employee chooses to make such rescheduling arrangements herself. An employee who is or has been absent from scheduled working hours for three (3) days due to illness or injury shall, when required by WCSWR, produce to WCSWR before an employee returns to work, an opinion from a qualified medical practitioner certifying that the employee is able to perform her job and return to work. WCSWR will reimburse the employee for the full cost of the medical opinion. WCSWR reserves the right to request a doctor's note earlier than 3 days at WCSWR discretion.

(b) WCSWR has the right to require any employee to have a medical examination for a determination of fitness to report to work (including restrictions) or for validation of illness or injury. The medical examination shall be conducted by a physician of the employer'S choice. The employee will ensure that the report is submitted to WCSWR. Any cost incurred for the medical examination will be borne by WCSWR.

21.03 (a) Unused sick leave may be accumulated from year to year to a maximum of 595 hours for the full time employees. For part time employees hours will be pro-rated. An employee whose employment ends for any reason will not be paid for any unused sick leave.

(b) Full time and part time employees may draw upon their accumulated sick leave for illnesses up to the amount of their accumulate sick leave. Leave taken in excess of the full time and part time employees accumulated sick leave shall be without pay.

21.04 In cases of communicable diseases. as defined by Public Health authorities, an employee who may be at risk because they cannot take preventative measures, or any other bona fide health reason, will not be expected to work in the building. In this situation, the employee may use accumulated vacation, compensatory time, sick days, float hours or time off without pay.

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21.05 An employee shall immediately notify WCSWR if she has a communicable disease as defined by Public Health authorities or any other medical condition that may otherwise pose a potential danger to the staff, residents andlor clients of WCSWR. This includes a home infestation of bed bugs.

21.06 An employee shall promptly comply with a request from WCSWR to have medical examination, including a tuberculosis test, and provide to WCSWR an opinion from a legally qualified medical practitioner. The opinion shall include whether or not the employee is able to perform her job and has a communicable disease as defined by Public Health authorities or any other medical condition that may otherwise pose a potential danger to the staff, residents andlor participants of WCSWR. WCSWR will reimburse the employee for the full cost of the medical opinion.

ARTICLE 22 - BENEFITS AND FOLLOWING LANGUAGE

22.01 WCSWR agrees to pay 100% of the premium costs associated with providing full time Permanent Employees with benefits of the type outlined in Group Policy Plan #95649. The parties agree that the reference to the Group Policy Plan number does not incorporate that particular policy into the collective agreement but merely obligates the Employer to purchase a plan which provides benefits equivalent to those set out in the policy plan.

22.02 Employees working as a temporary employee, contract employees, part time and relief employees shall not participate in the group benefit plan but shall instead receive 4% in lieu of benefits unless at the time of starting to work in a temporary or contract position the employee already participates in the group benefit plan.

22.03 II is expressly agreed that the sole obligation of WCSWR for the group benefit plan is to pay the premium and the foregoing is not to be construed as a guarantee as to specific coverage or benefits or eligibility for benefits. Coverage or benefits or eligibility, including any waiting period, will be in accordance with the provisions of the specific group benefit plan. WCSWR may change the carrier for the group benefit plan. WCSWR will not change the terms of the group benefit plan without the agreement of CAW.

ARTICLE 23- OCCUPATIONAL HEALTH AND SAFETY COMMITTEE

23.01 The parties agree to abide by the Occupational Health & Safety Act.

23.02 A Joint Health & Safety Committee shall be constituted to identify potential dangers, to evaluate same, to recommend steps to correct such dangers and to follow up on these recommendations. The Joint Health & Safety Committee shall consist of two (2) Full time employees elected by the employees and two (2) members of management.

23.03 The Joint Health & Safety Committee shall:

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(a) Meet at [east once every three (3) months;

(b) Ensure that inspections of the workplace are held at [east once per month;

(c) Investigate any employee complaints regarding safety in the workplace;

(d) Investigate and follow up on any accidents that have occurred in the workplace; and

(e) Record the minutes ofthe meetings which shall be signed by the members and posted on the-Health and Safety bulletin board.

23.04 Time spent by members of the Joint Health & Safety Committee in the course of their duties shall be considered as time worked and shall be paid in accordance with the terms of the agreement

23.05 Each year on December 6th at noon work will stop and one minute of silence will be observed in memory of a[[ women who have died due to violence.

23.06 An employee who is injured during working hours and who is required to [eave for treatment or is sent home as result of such injury shall receive payment for the rest of the shift on the day of the injury at her regular pay. Such employee shall be provided with transportation to her doctor's office or hospital and to her home on the day of the injury.

23.07 Under the Occupational Health & Safety Act there must be a certified representative who wil[ represent employees. The Union wil[ select from its ranks one (1) member to act as a certified representative from each location.

ARTICLE 24 - INCLEMENT WEATHER/EXTREME CONDITIONS

24.01 All staff is expected to make every reasonable effort to report for work. When staff is unable to attend work from their principal place of residence, due to inclement weather, they must notify the on-call supervisor at [east one hour prior to regular reporting time. The Emp[oyee wi[1 work with the employer to determine whether there is any avai[able work accessible. Should there be no work accessible to the Emp[oyee, they have the option of using one of the following credits: compensatory time, vacation time, float hours or loss of salary for that time.

ARTICLE 25 - TECHNOLOGICAL CHANGE

25.01 Techno[ogica[ changes means the introduction of equipment different in nature, type or quantity from that previously utilized, a change, related to the introduction to this equipment, in the manner in which WCSWR carries on its operations, and any change in the work methods and operation effecting one or more employees. Should technological change be necessary, WCSWR wi[1 implement practical

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ways and means of minimizing the effect, if any, upon the employees concerned. WCSWR agrees to advise the CAW of these changes.

ARTICLE 26 - RRSP

26.01 A Registered Retirement Savings Plan will be maintained for permanent full time employees. The Employer will contribute to the RRSP 3% of the earnings of permanent full time employees.

26.02 Employees working as a temporary employee or a contract employee shall not receive RRSP contributions unless at the time of starting to work in a temporary or contact position the employee is already in receipt of RRSP contributions.

ARTICLE 27 - MILEAGE

27.01 The Employer shall reimburse the Employee $0.45 cents per kilometre when the Employee is requested to use her vehicle on behalf of the Employer. The Employee will maintain suitable and sufficient insurance at their own expense for the work use of the vehicle.

ARTICLE 28 - DAYLIGHT SAVINGS

28.01 The Employer and the Union agree that notwithstanding the fact that an employee may have worked in excess of their normal daily shift or in excess of the average weekly hours, they will not be eligible for overtime where it is a result of changeover to daylight savings from standard time or vice versa.

28.02 Employees are entitled to be paid for the hours actually worked. This means that an employee normally scheduled to work an 8 hour shift who works only 7 hours as a result of the change to daylight savings time in the spring is paid for only 7 hours. Similarly, an employee normally scheduled to work an 8 hour shift who works 9 hours as a result of the change back to the standard time in the fall is to be paid for 9 hours. The extra hour in the fall is not overtime and is paid at the straight time hourly rate.

ARTICLE 29 - DEFERRED SALARY LEAVE PLAN

29.01 (a) The Self Funded Salary Leave Plan provides for permanent full time employees of the Employer to self fund a paid leave of absence by deferral of a proportion of salary which provides income during the period of the I eave.

The Plan is voluntary, on the basis of four over five years with the rate of salary deferral being 20% of the gross salary received.

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(b) It is understood that the leave year will commence at a time mutually convenient to parties subject to the operating needs of the Employer. In all cases, the leave year will be the final year of the plan.

(c) Permanent full time employees with two (2) years service with the Employer are eligible to participate in the plan. An Employee who takes a leave of absence under the Plan may not register for a second leave of absence under the Plan until twelve (12) months after retuming from the first period of leave. Participation in the plan is limited to one employee per team being away at any given time.

(d) Written application for enrolment in the plan must be made to the Chief Executive Officer or her designate at least six (6) months in advance of commencement of the first year of the plan. The decision to accept or deny enrolment in the program rests exclusively with the employer and in any event written acceptance, or denial of the employee's request, will be forwarded to the employee within 60 days of the request. The service and needs of the agency will take priority in all cases, but where the considerations are equal, preference will be given to applicants on the basis of seniority.

(e) The interest rate shall be the current rate for the current account at the bank used by the Employer, compounded monthly. A statement of the employee's account will be available upon request by the employee.

(f) During the period of deferment, full benefits, subject to continuing eligibility under the master contract, shall be maintained at a level commensurate with the employee's salary and hours of employment. During the period of leave, benefits may be continued subject to prior approval by the insurance company. Premiums during this period shall be paid in full by the employee. Long Term Disability insurance coverage will not be provided by the group plan during the leave period.

(g) An employee participating in the plan shall be eligible for any increase in salary and benefits that would have been received had she not been in the plan, including full credit for seniority and increment during participation years prior the leave, however, an employee is not eligible to receive an increment during the leave period. The employee's seniority date shall remain the same.

(h) During the period of leave, the employee shall not be entitled to use of sick leave credits.

(i) Periods of leave may not be increased or extended by accumulated vacation credits. Vacation credits shall not accumulate during the leave.

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OJ Income tax will be deducted on the actual monies received by the employee during each of the years of the plan, subject to the provisions of the Income Tax Act and Regu[ations as amended from time to time.

(k) If, upon conclusion of the individual employee's [eave plan, the employee's account contains a positive balance, the employee shall receive the excess in a manner mutually agreeable to the Emp[oyer and the employee.

(I) An employee may apply in writing to the Chief Executive Officer, or her designate to withdraw from the plan at any time prior to the year in which the [eave is to take place. [t is understood that except in exceptional circumstances no application to withdraw from the plan may be made within six (6) months of the commencement of the self-funded [eave year.

(m) Upon return from [eave under this plan, the employee shall be returned to the same position if it stil[ exists or an equivalent position if original position no longer exists. The employee will be paid in accordance with Schedule A.

(n) [t is understood the Emp[oyer assumes no responsibility for any consequences arising out of the plan related to the effects on the employee's RRSP, Canada Pension Plan, or income tax arrangements, or unemployment insurance, or any other liability arising from participation in the plan. A[[ financial or legal liabilities arising from this plan shall be borne by the employee.

(0) The decision to accept or deny enrolment in the program is at the sole discretion of the Emp[oyer and shall not be subject to the grievance procedure.

(p) An employee may only withdraw from the plan and return to work after a temporary replacement has been hired, upon giving the employer at [east three months notice of their intention to withdraw from the plan and return to work. Upon receiving this notice from the employee, the employer will give the temporary replacement notice that her temporary position will end upon the employee's return to work. Such a termination of a temporary replacement's contract shall not be subject to the grievance procedure.

Article 30 - REPAYMENT

30.01 In the event that an employee receives an overpayment or owes WCSWR money upon cessation of employment, WCSWR is authorized to deduct the entire amount from the employee's last pay cheque.

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In the event that an employee receives an overpayment or owes WCSWR money and remains employed with WCSWR, WCSWR is authorized to deduct the entire amount from the employee's pay cheque over a six month period, unless the employee and the Employer agree to a different payment plan.

Article 31 - DURATION

31.01 This Agreement shall be effective from September 7,2012 until the 31 st day of July, 2015 and thereafter from year to year unless amended through negotiations.

SIGNED THIS ____ day of ______ , 2012

FOR WOMEN'S CRISIS SERVICES FOR THE UNION

Women's Crisis Services of Waterloo Region Hourly Wage Grid

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Effective: January 1, 2012 - $0.35 increase (pay equity only)

Retroactive wages for the period of January 1~ 2012 - February 12, 2012 were paid February 1.7, 2012.

Classification Start Step 1 Step 2

1

2

3

4

5

6

7 (4% in lieu)

Classification 1

2 3

4

5

22.08 22.72 23.38

22.08 22.72 23.38

22.08 22.72 23.38

22.08 22.72 23.38 21.37 22.01 22.67

25.96 26.71 27.49

19.83 20.40 20.99 (20.62) (21.22) (21.83)

Position Full Time or Part Time Child and Youth Support Worker

Full Time or Part Time Residential Support Worker

Full Time or Part Time Outreach Support Worker

Full Time or Part time Food and Nutrition Co-ordinator

Full Time or Part Time Education Co~ordjnator

Step 3

24.07

24.07

24.07

24.07 23.36

28.30

21.60 (22.46)

6

7

Full Time or Part Time Clinical Support Worker or Child and Family Therapist

Relief Residential Support Worker

Start Step 1 Step 2 Step 3 Step 4

Starting Rate Rate after one year Rate after two years Rate after three years Rate after four years

Relief and Part Time positions -1635 hours actually worked equals one year

Effective Upon Ratification of New Collective Agreement:

Step 4

24.77

24.77

24.77

24.77 24.06

29.12

22.23 (23.121

Signing Bonus of $200 for Full-Time and Part-time Employees, and $100 for all Relief Employees, less deductions. Employees must be employed as of the date of Ratification.

The Following Annual General Wage Increases (inclusive of Pay Equity):

Jan 1/13 2%

Jan 1/14 2%

Jan 1/15 2%