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7 .04 Grievance ............................................................................................................... 6

7.05 Discharge Grievance ......................................................................................................... 6

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9.06 of Absence .............................................................................................................. 9

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9.14 Job Posting ...................................................................................................................... 14

9.21 Work of the Bargaining Unit/Contracting Out ................................................................... 15

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10.11 Job .................................................................................................................. 18

12-LEAVES

12.04 Bereavement Leave ..................................................................................................... 20

12.05 ..................................................................................................................... 21

12.06 Education Leave ........................................................................................................... 21

12.08 Family Leave ................................................................................................................ 22

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LIFE INSURANCE

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AND SAFETY

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INFLUENZA

1.01 The general purpose of the Agreement is to establish and maintain collective bargaining relations between the Hospital and the employees covered by this Agreement; to provide for ongoing means of communication between the Union and the Hospital and the prompt disposition of grievances. It is recognized that employees wish to work together with the Hospital to secure the best possible care and health protection for patients.

1.02 The Employer agrees to recognize the Union as the sole bargaining agent of all the service employees of St Joseph's Continuing Care Centre operating its Hotel Dieu Hospital Unit in Cornwall, save and except Supervisors, persons above the rank of Supervisor, Human Resources staff, Information Technology staff, Office & Clerical staff, persons regularly employed for not more than thirty (30) hours per week, students employed during school vacations and employees covered by subsisting Collective Agreements.

For purposes of clarity, this unit does not include employees providing housekeeping, dietary and maintenance services to the Hotel Dieu Hospital Unit.

The Union acknowledges that it is the exclusive function of the Hospital subject to the terms of this Agreement to:

a) maintain order, discipline and efficiency;

b) hire, discharge, direct, classify, transfer, promote, demote, layoff and suspend or otherwise discipline employees who have completed their probationary period for just cause provided that a claim of discriminatory classification, promotion, demotion or transfer or a claim that an employee has been unjustly discharged or disciplined may be the subject of a grievance and dealt with in accordance with the grievance procedure;

c) establish and enforce rules and regulations to be observed by the employees provided that they are not inconsistent with the provisions of this Agreement;

d) generally to manage and operate the Hospital in all respects in accordance with its obligations and without restricting the generality of the foregoing, to determine the kinds and locations of machines, equipment to be used, the allocation and number of employees required from time to time, the standards of performance for all employees and all other matters

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concerning the Hospital's operation, not otheiwise specifically dealt with elsewhere in this Agreement.

3.01 Both parties agree that there will be no discrimination, interference, restraint or coercion exercised or practised with respect to any employee because of their membership or non-membership in the Union.

3.02 It is agreed that there will be no discrimination by either party or by any of the employees covered by this agreement on any ground as defined by the Human Rights Code or any other factor which is not pertinent to the employment relationship.

3.03 Every employee will be free from harassment in accordance with the Ontario Human Rights Code, and the Occupational Health and Safety Act, as amended from time to time. "Harassment" as defined in the Ontario Rights Code means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. "Workplace harassment" as defined in the Occupational Health and Safety Act means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

4.01 The Union agrees that there shall be no strikes and the Hospital agrees that there shall be no lock-outs, so long as this Agreement continues to operate. The terms "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

5.01 The Hospital will deduct from every employee of the Bargaining Unit, an amount equivalent to such dues which are uniformly levied upon all members as prescribed by the Union. The amount so deducted will be remitted by the Hospital to OPSEU Accounting Department before the fifteenth (15th) day of the month following the month in which such deductions were made. In consideration of the deducting and foiwarding of union dues by the Hospital, the Union agrees to indemnify and save harmless the Hospital against any claims or liabilities arising or resulting from the operation of this Article. In the case of new employees, the first deduction shall be made in the month in which the

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employee is employed.

The Employer will deduct the amount of dues required on any amounts paid retroactively. The Hospital agrees to provide each employee with a T-4 supplementary slip showing the dues deducted in the previous year for Income Tax purposes.

All employees shall join the Union and remain members as a condition of employment.

5.04 The Hospital shall provide the Union with a list, monthly, of all hiring's, lay-offs, recalls, and termination's within the Bargaining Unit, on the 15th day of each month.

5.05 A new employee will have the opportunity to meet with a representative of the Union in the employ of the Hospital for a period of fifteen (15) minutes, during the employee's orientation period without loss of regular Earnings. The purpose of the meeting will be to acquaint the employee with such representative of the Union and Collective Agreement. Such meeting may be arranged collectively or individually for employees by the Hospital as part of the Orientation Program. It is agreed that the Hospital will provide the union with forty-eight (48) hours notice.

6.01 The Hospital agrees to recognize a negotiating committee comprised of not more than three (3) members in total for both the full-time and part-time bargaining units, to be appointed from the bargaining units. The purpose of the negotiating committee will be ta negotiate a renewal of this Collective Agreement. The Hospital agrees that the members of the negotiating committee shall suffer no loss of earnings for time spent during their regular scheduled working hours in attending direct negotiating meetings with the Hospital up to, but not including arbitration.

Nothing in this provision is intended to preclude the Union negotiating committee from having the assistance of any representative of the Ontario Public Service Employees Union when negotiating with the Hospital.

6.02 The Hospital shall recognize a grievance committee comprising of three (3) members in total to be elected or appointed from the bargaining unit. One member shall be chair. The purpose of the committee is to deal with grievances as set out in this Collective Agreement.

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It is understood that up to two (2) stewards will be recognized to attend grievance meetings arranged in accordance with this Agreement.

Nothing in this provision is intended to preclude the Union grievance Committee from having the assistance of any representative of the Ontario Public Service Employees Union.

6.03 It is understood that the stewards and members of the grievance committee have their regular work to perform on behalf of the Hospital and they will not leave work without first obtaining the permission of the Manager/Supervisor. If, in the performance of their grievance duties, a union steward is required to enter an area within the Hospital in which they are not ordinarily employed, they shall report their presence to the supervisor in the area immediately upon entering it. When resuming their regular duties and responsibilities, such steward shall again report to their immediate supervisor. A union steward shall suffer no loss of earnings for time necessarily spent in performing the above duties during their regular scheduled working hours.

6.04 A Union Management Committee shall be established consisting of three (3) representatives in total of the full-time and part-time bargaining units and three (3) representatives of the Hospital. The committee shall meet as required at the request of either party; minutes of each meeting shall be prepared and signed and the Union and the Hospital shall receive copies of the minutes not later than one week prior to the next meeting.

The purpose of this committee shall be to exchange views on matters which may tend to promote improvement in the function of the Hospital and the welfare of its employees.

Employees attending such meetings shall suffer no loss of wages for time spent at them.

The committee shall not have jurisdiction over wages, or any matter of collective bargaining including the administration of the Agreement.

The committee shall not supersede the activities of any other committee of the Union or of the Hospital and does not have the power to bind either the Union or its members or the Hospital to any decisions or conclusions reached in their discussions.

The committee shall have the power to make recommendations to the Union and to the Hospital with respect to its discussions and conclusions.

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7.01 For the purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital or vice-versa relating to the interpretation, application, administration or alleged violation of the Agreement.

7.02 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall discussed with her immediate supervisor within fourteen (14) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following her immediate supervisor's decision in the following manner and sequence:

The employee must submit the grievance in writing signed by her to her Supervisor and may be accompanied, if she so desires, by her union steward. The grievance must identify the nature of the grievance, the remedy sought, and the specific provisions of the Agreement which is/are alleged to have been violated. The Supervisor will deliver her decision in writing within seven (7) calendar days following the day on which the grievance was presented her. Failing settlement, then:

Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Director of Finance and Administration or designate. A meeting will then be held between the Director of Finance and Administration or designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. 2 unless extended by mutual agreement. It is understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (14) calendar days following the date of such meeting.

A grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within seven (7) calendar days following the circumstances giving rise to the grievance.

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It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which she could have instituted herself and the regular grievance procedure shall not be thereby bypassed. Where the grievance is a Hospital grievance it shall be filed with the Local Union President or designate.

Where a number of employees have identical grievances and each one would be entitled to grieve separately, they may present a group grievance in writing, signed by each employee who is grieving, to the Director of Finance and Administration or her designate within seven (7) calendar days after the circumstances giving rise to the grievance have occurred. The grievance shall then be treated as being initiated Step No. 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance.

The release of a probationary employee shall not be subject of a grievance or arbitration. A claim by an employee who has completed her probationary period that she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge is effected. Such special grievance may be settled under the Grievance or Arbitration procedure by:

a) confirming the Hospital's action in dismissing the employee, or

b) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost, or

c) by any other arrangement which may be deemed just and equitable.

The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period.

7.06 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital, the Union, and the employees.

7.07 The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned.

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8.01 When either party requests that any matter be submitted to arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. request that the matter be submitted to arbitration must be given within twenty­one ) calendar days following the date that the decision is delivered at Step No. 2 in the Grievance Procedure. Within seven (7) calendar days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour of the Province of Ontario shall have power to make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to agree upon such a chairman the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman.

8.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

8.03 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure.

8.04 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.

8.05 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned.

8.06 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board.

8.07 The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, by the written agreement the parties, shall result in the grievance being deemed have been abandoned.

8.08 Wherever arbitration board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the arbitration board at the time of reference to arbitration and the other provisions referring to arbitration board shall appropriately apply.

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9.01 Newly hired employees shall be considered to be on probation for a period of three (3) months from date of last hire (four hundred and fifty (450) hours of work for employees working more than the normal day.) If retained after the probationary period, the employee shall be credited with seniority from date of last hire. With the written consent of the Hospital, the probationary employee and the President of the Local Union or their designate, such probationary period may be extended. It is understood and agreed that any extension to the probationary period will not exceed an additional thirty (30) days or such lesser period as may be agreed by the parties. The release of a probationary employee shall not be the subject of a grievance or arbitration.

9.02 The Hospital will maintain a seniority list showing each employee's seniority. The list will be revised and posted each March and September and at the time of an announcement of long-term layoffs. Employees will have thirty (30) days to advise the Payroll Officer of any errors. After thirty (30) days, the seniority list shall be considered accurate. An employee on an approved Leave of Absence will have 30 days from his return to work to advise the Payroll Officer of any error on his seniority standing.

9.03 a) Seniority shall be retained by an employee in the event he/she is transferred from the full-time to part-time status. For the purposes of the application of seniority under the Agreement but not for the purposes of service under any provisions of the Agreement, an employee whose status is changed from full-time to part-time shall receive credit for their seniority on the basis of 1725 hours worked for each year of full-time seniority. For the purposes of the application of seniority, under the Agreement, an employee whose status is changed from part-time to full-time shall receive credit for their seniority on the basis of one (1) year of seniority for each 1725 hours worked. Any time worked in excess of an equivalent shall be prorated to the closest month at the time of the transfer. Notwithstanding the above, it is understood that such employees would be given credit for the purpose of salary progression and vacation entitlement based on one year= 1 hours worked. A part-time employee cannot accumulate more than 1725 hours of seniority per calendar year.

b) Should a member of the bargaining unit accept a temporary position outside the scope of the bargaining unit, their bargaining unit seniority shall cease to accumulate from the date the temporary position begins. Upon return to their former position they shall be credited with the seniority they accumulated prior to the transfer.

9.04 Seniority shall operate Bargaining Unit wide.

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9.05 An employee shall lose all service and seniority and shall be deemed terminated if he:

a) leaves of his own accord;

b) is discharged and the discharge is not reversed through the grievance or arbitration procedure;

c) has been laid off continuously for a period in excess of twenty-four (24) months or length of seniority whichever is smaller;

d) fails upon being notified of a recall to signify their intention to return within five (5) calendar days after they have received the notice of recall mailed by registered mail to the last known address according to the records of the Hospital and fails to report to work within ten (10) calendar days after they have received the notice of recall or such further period of time as may be agreed upon by the parties;

e) is absent without permission or overstays a permitted leave of absence, and fails in either case to provide a reason for such absence satisfactory to the Hospital;

f) is absent due to illness or disability for a period of twenty-four (24) months or length of seniority whichever is smaller.

g) uses a leave of absence for a purpose other than that for which it was granted

It is understood that during an approved unpaid absence not exceeding thirty (30) calendar days or any approved absence paid by the Hospital, both seniority and service will accrue.

During all unpaid absences exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increments, vacation, sick leave, or any other benefit for full-time employees; or pay in lieu of benefits which are based on earnings for part-time employees, under any provision of the Collective Agreement or elsewhere, shall be suspended. The benefits of full-time employees will be appropriately reduced on a pro rata basis. The employee's anniversary date shall be adjusted accordingly. In addition, employees will become responsible for full monthly prepayment of subsidized employee benefits in which they are participating for the period of the absence. The employee may arrange with the Hospital to prepay the full

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premium of any applicable subsidized benefits in which they are participating during the period of leave in excess of thirty (30) continuous calendar days to ensure continuing coverage.

It is further understood that during such absence, credit for seniority shall be suspended and not accrue during the period of absence. Notwithstanding this provision, seniority shall accrue during pregnancy and parental leave or for a period of twenty-four (24) months or length of seniority whichever is shorter if an employee's absence is due to disability resulting in WSIB or benefits.

In the event of a proposed layoff of two weeks or more, the Hospital will:

a) provide the Union with no less than six (6) months' notice of such layoff; and

b) meet with the Union through the Labour/Management Committee within sixty (60) days of the initial notice of layoffs to review the following:

(i) the reason causing the layoff; (ii) the service the Hospital will undertake after the layoff; (iii) the method of implementation including the areas of cut-back and

employees to be laid off; (iv) ways the Hospital and the Union can assist employees to find

alternate employment.

Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over other terms of layoff in this Agreement. Notice of layoff shall be in accordance with the provisions of the Employment Standards Act.

No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.

In the event of layoff, the Hospital shall layoff employees in the reverse order of their seniority within their classification, providing that those employees who remain on the job have the qualifications and ability to perform the work available.

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An employee who is subject to layoff shall have the right to either:

a) accept the layoff and be placed on a recall list for twenty-four (24) months or length of seniority whichever is shorter; or

b) Displace an employee who has lesser Bargaining Unit seniority and who is the least senior within the same wage classification.

c) Failing displacement under 9.07 second b) above, the employee originally subject to layoff may choose to displace an employee who has lesser Bargaining Unit seniority and who is the least senior employee in the next lower wage classification.

d) The displacement process outlined in 9.07 c) above shall be repeated until all classifications have been exhausted.

e) Displacement shall only occur if the employee originally subject to layoff can perform the duties of the lower or identical paying classification with minimal training including orientation (not to exceed 7 days). Such employee so displaced shall be laid off subject to their right under this section.

f) If the full-time employee cannot displace a full-time employee, the employee may displace a part-time employee who has lesser bargaining unit seniority and who is the least senior employee in her classification.

9.08 An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification consistent with the level they would have achieved in the lower classification based on their service and experience with the Hospital.

9.09 An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the qualifications and ability to perform the work with minimal training (as defined in 9.07), before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority he/she had at the time the layoff.

An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position he/she held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of his/her former position.

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9.10 No new employees shall be hired until all those laid off who have the qualifications to perform the work have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.

11 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the tenth day following the date of mailing). The employee is solely responsible for his/her proper address being on record with the Hospital.

9.12 a)

b)

In the event of a layoff of a full-time employee, the Hospital shall pay its share of insured benefits premiums up three (3) months from the end of the month in which the lay-off occurs or until the laid off employee is employed elsewhere, whichever occurs first.

The employee may, if possible under the terms and conditions of the insurance benefits program, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the Hospital pays its share of insured benefits. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the layoff, and arranges with the Hospital the appropriate payment schedule.

i) Where an employee resigns and leaves the employ of the Employer within 30 days after receiving notice of layoff pursuant to Article 9.07 that his or her position will be eliminated, he or she shall be entitled to a separation allowance of two weeks' salary for each year of continuous service up to a maximum of sixteen (16) weeks' pay, and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of three thousand dollars ($3,000).

ii) Where an employee resigns later than 30 days after receiving notice pursuant to Article 9.07 that his or her position will be eliminated, he or she shall be entitled to a separation allowance of four (4) weeks' salary, and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of one thousand, two hundred and fifty dollars ($1,250).

c)

d)

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Prior to issuing notice of layoff pursuant to Article 9.07 in any classification(s), the Hospital will offer early retirement allowance to a sufficient number of employees eligible for early retirement under HOOPP within the classification(s) in order of seniority, to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff under Article 9.07.

An employee who elects an early retirement option shall receive, following completion the last day of work, a retirement allowance of two weeks' salary for each year of service, plus a prorated amount for any additional partial year of service, to a maximum ceiling of fifty-two (52) weeks salary.

The Hospital will provide equivalent coverage to all employees who retire early under 9.12(c) and have not yet reached age 65 and who are in receipt of the Hospital's pension plan benefits on the same basis as is provided to active employees for semi-private, extended health care and dental benefits. The Hospital will contribute the same portion towards the billed premiums of benefits plans as is currently contributed by the Hospital to the billed premiums of active employees.

The early retired employee must prepay his/her share towards the billed premium of the insured benefit plans.

It is understood that such benefits will cease upon reaching age 65 and the employee must be an active member of the plans for one year before retirement.

e) If after making offers of early retirement, individual layoff notices are still required, prior to issuing those notices the Hospital will offer a voluntary early exit option within the department(s) where the layoffs would otherwise occur. If more employees than are required are interested, the decision will be based upon seniority.

An employee who elects a voluntary exit option shall receive, following completion of the last day of work. separation allowance of two (2) weeks salary for each year of service, a maximum of fifty-two (52) weeks pay.

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Where new or greater skills are required than that already possessed by the affected employee who has one or more years of seniority, under the present methods of operation, such employee shall be given a training period with due consideration to his/her previous education background, during which they may perfect or acquire the skills necessitated by the new method of operation. The employer will assume the cost of tuition, books required for the course and travel. Employees will suffer no loss of earning during this training period. Training may extend for up to six (6) months.

Where the Hospital determines that a vacancy exists, or where the Hospital creates a new position in the bargaining unit, such vacancy shall be posted for a period of seven (7) calendar days, and forward a copy of the posting to the local Secretary. When an employee has been absent from the Hospital for vacation or sick leave during the complete posting period, and returns to work within three (3) days after the posting has been removed, he shall have the opportunity to apply for the position within two days following his return to work. The Hospital will include in all postings the nature of the position and when operational requirements permit, the expected starting date.

9.15 Applications for such vacancies shall be made in writing within the seven (7) calendar days, referenced herein. Such application shall include an updated resume to be used by the Hospital to determine the employee's skill, ability, experience, and relevant qualifications.

9.16 Notwithstanding the above, the Hospital may fill at its own discretion vacancies caused by:

a) illness or accident; b) vacation; c) other leave of absence not expected to exceed six (6) months; d) specific tasks not expected to (6) months.

9.17 In filling posted vacancies, both full-time and part-time applicants will be given equal consideration. The selection shall be made based on skill, ability, experience, and relevant qualifications of the applicants. Where these factors are relatively equal, bargaining unit seniority shall be the governing factor. For the purposes of this article only, bargaining unit seniority shall be earned in either the full-time or the part-time collective agreement.

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9.18 The successful applicant shall be allowed a period of thirty (30) days worked during which time the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return, or be returned by the Hospital, to the position formerly occupied, without loss of seniority. Should the employee return or be returned to their former job, the filling of subsequent vacancies will be reversed. The trial period may be extended by an additional thirty (30) working days if mutually agreed by the employer and the Union.

9.19 When a new classification in the bargaining unit is established, or the Hospital makes a substantial change in the job content an existing classification, the Hospital shall enter into negotiations with the Union to determine the salary. Should the parties fail to reach an agreement on the appropriate rate, the parties may refer the issue to an Arbitration Board using the grievance procedure.

The parties further agree that any mutually agreed or awarded rate would be retroactive to the date the Union raised the issue with the Hospital.

9.20 Notwithstanding Article 9.14 above, the Hospital may fill a position with qualified candidates who had previously applied for a similar vacancy or new position in the same classification from which the vacancy originates provided that a competition was held during the previous one month. The Hospital, in these circumstances, is not required to post or advertise the vacancy or new position. Where the Hospital uses this provision, it will notify the Local Union President prior filling the vacancy or new position and provide him/her with the list of candidates.

9.21

The Employer agrees that employees not covered by this agreement will not perform duties normally assigned to persons in the bargaining unit except for purposes of instruction, experimentation, emergency, or when no employee of the bargaining unit is readily available or as may be agreed. The Hospital further agrees that it will not contract out duties usually performed by members of the Union if such contracting out results in a layoff of employees. Layoff is defined as a reduction of hours of more than 50% of the normal scheduled work week.

The Hospital shall submit to the Union, at three (3) month intervals, of volunteers for the current month and the number of hours worked.

number

10.01 The normal or standard work day shall be seven and one half (7%) hours

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exclusive of a thirty (30) minutes unpaid meal time, and the normal full-time work week shall be an average of seventy-five (75) hours per two week period. Subject to the exigencies patient care, the employee shall be entitled to one (1) unpaid half hour meal break per shift and a paid fifteen (15) minute rest period during each complete half normal shift. The scheduling of meal and rest periods shall be determined by the Department Head or designate.

The normal hours of work shall be averaged seventy-five (75) hours in a two week period. Such hours shall be worked in accordance with shift schedules as set out by the Hospital from time to time. It is understood that the above shall not be construed as a guarantee of hours of work per day or week.

10.02 a) Four (4) week schedules will be posted at any one time and updated every two (2) weeks. Once a schedule is posted it will be changed by mutual agreement only. It is understood that additional shifts offered to employees or cancellation of a shift is not considered a change to the schedule for the purposes of this article.

Every reasonable effort shall be made to avoid scheduling the commencement of a regular shift within twelve (12) hours of the completion of the employee's previous regular twelve (12) hour shift, or scheduling the commencement of a regular shift within eight (8) hours of the completion of the employee's previous regular eight (8) hour shift unless mutually agreed upon. If an employee is required to work before twelve (12) hours or eight (8) hours respectively have elapsed he/she shall be paid time and one-half (1 1/2) for those hours that fall within the twelve (12) hour period or the eight (8) hour period.

It is understood that the term "regular shift" does not include any period of time in respect of which an employee is entitled to overtime premiums or compensating time off. clarification, where an employee agrees to work overtime in addition to the previously scheduled shift, this article shall not apply.

b) It is understood that should the Hospital decide to change the master rotation system, it shall so notify the Union at least thirty (30) days in advance of such changes and meet to discuss the proposed changes a mutually agreeable time within seven (7) calendar days of giving notice.

The current practice of levelling may continue during the term of this Agreement.

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10.03 Where the employees work a longer daily shift, the provisions set out in this Article or other related articles shall be adjusted accordingly. The normal daily extended shift shall be eleven and one quarter (11.25) hours in any twenty-four (24) hour period, exclusive of a total of forty-five (45) minutes of unpaid meal time. Employees shall be entitled to a total of forty-five (45) minutes paid rest period. The scheduling of meal and rest periods shall be determined by the Department Head or designate.

10.04 An employee shall not be scheduled to work more than two (2) weekends in four (4) unless mutually agreed upon by two (2) employees to exchange their posted shifts. Should an employee work a third (3rd) consecutive weekend, the hours worked on the third (3rd) consecutive weekend, which are equivalent of the hours worked on the previous weekend, shall be paid one and one-half (1 %) times the regular rate of pay.

It is understood that a weekend consists of fifty-six (56) hours during the period following the completion of the Friday shift until the commencement of the Monday shift. The fifty-six (56) hours begins Friday at 2300 and ends Monday 0700.

10.05 Four (4) days off shall be scheduled every fourteen (1 days. In any two week period at least two (2) consecutive days off must be scheduled. The remaining two (2) days off may be split.

10.06 Employees shall not be scheduled work more than seven (7) consecutive days.

Should an employee be required to work more than seven (7) consecutive shifts, he shall be paid at the rate of one and one half (1 %) times his regular rate of pay for all hours worked for each additional consecutive shift worked outside of the normal scheduled shift.

10.07 Shift Exchanges Employees may exchange shifts with each other provided it is approved by the Employer least one week in advance and that there is no increase in the cost to the Employer. Employees shall be responsible for finding their own replacements and both employees shall co-sign the request. Upon approval by the Employer of such shift exchanges, the replacement employee becomes responsible for the shift. The number of shift exchanges will be limited to two (2) per month per employee unless an unforeseen circumstance arises. Such exchanges are to be completed within two (2) pay periods. Furthermore, it is agreed by the parties that such shift exchanges shall not result in premium pay or overtime not otherwise payable. Giveaways will not be permitted. All such requests will not be unreasonably denied.

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10.08 Split shifts shall not be scheduled.

10.09 a) All authorized hours worked by an employee in addition to their normal shift shall be considered as overtime and shall be paid at time and one-half ( 1 %) the employee's regular rate of pay.

b) Overtime will be scheduled equitably amongst the employees.

c) It is understood and agreed that the Hospital will not call in casual employees until the regular part-time list been exhausted except where the assignment of a regular part-time would result in overtime.

d) In the event of staff being required and no qualified part-time is available creating an overtime situation, employees will be offered the shift in the following manner:

i) Full-time employees by seniority ii) Part-time employees by seniority

10.10 The maximum amount of compensating overtime that an employee may have in their bank is 37.5 hours and this can be replenished as it is used but cannot surpass the maximum of 37.5 hours. Any compensating time that is not taken off by December 1st of each calendar year will be paid out in the last pay of the calendar year.

1 1

The employee who is in a job sharing agreement will be treated as a part-time employee for all purposes under the Collective Agreement, unless otherwise noted in the Job Sharing agreement.

11.01 The following shall be recognized as paid holidays:

New Year's Day Family Day Good Friday Easter Monday Canada Day (July 1st) Civic Holiday

Victoria Day Labour Day Remembrance Day Thanksgiving Day Christmas Day Boxing Day

11.02 Where any of the above-mentioned holidays fall on an employee's regularly

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scheduled day off, they will receive an additional day off in lieu thereof a mutually agreeable time within thirty (30) days immediately before or sixty (60) days immediately after the Holiday. It is understood that employees normally working extended shifts receive Holidays based on seven and one-half (7%) hours normal days.

An employee required to work on any of the designated holidays listed in the Collective Agreement shall be paid at the rate of time and one-half (1%) their regular straight time rate of pay for all scheduled hours worked on such holiday. In addition, they will receive a lieu day off with pay in the amount of their regular straight time hourly rate pay times seven and one-half (7%) hours, except for those employees which have a standard day of less than seven and one-half (7%) hours in which case holiday pay will be based on the lesser standard daily hours. The Hospital agrees that at the request of the employee, the lieu day may be paid at regular straight time hourly rate instead of receiving a lieu day off.

An employee required to work overtime hours on a Holiday shall receive two (2) times their regular straight time hourly rate for such additional hours worked on that Holiday.

11.03 In order to qualify for any of the above-mentioned holidays, an employee must have earned wages on least twelve (12) days during the four work weeks immediately preceding the holiday and is required to work their scheduled shift immediately preceding and their scheduled shift immediately following the Holiday unless the employee provides a reason to the satisfaction of the Hospital.

11.04 All employees shall be available to work either Christmas or New Year's. Christmas is defined as December 24th and or 25th and 26th and New Year's is defined as December 31st and January 1st.

i) The scheduling of time off at Christmas and New Years shall be done on an alternating basis unless otherwise mutually agreed.

ii) In the event of a conflict, seniority shall prevail.

11.05 It is understood that a holiday is the twenty-four (24) hour period starting 2300 hours on the day prior to the Holiday and ends at 2300 hours on the holiday.

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12.01 Leave of absence without pay aggregating not more than twenty (20) work days per year, may be granted to employees selected by the Union to attend Union conferences, seminars and professional related training courses provided that no more than one employee is absent at any one time, from any one department or unit. Such leave must be requested in advance to the Department Head. Such leave, subject to the proper operation of the Department shall not be unreasonably denied.

During such leave of absence the employee's salary and applicable benefits shall be maintained by the Hospital and the Union agrees to reimburse the Hospital in the amount of the full cost of such salary and applicable benefits.

1 The Hospital may grant a leave of absence without pay for personal reasons provided that such leave may be arranged without undue inconvenience to the normal operations of the Hospital. Except in emergencies, written application for leave of absence must be made least four (4) weeks in advance of such leave.

12.03 When an employee is elected as the Union's President or First Vice-President (Provincially) the Union will, immediately following such election, advise the Employer of the name of the employee so elected. Leave of absence shall be granted from the employee's place of employment for the duration of the current term of office. The Union shall reimburse the Employer the amounts paid on behalf of the employee, including pay and benefits.

1

An employee who notifies the Hospital as soon as possible following a bereavement will be granted bereavement leave within seven (7) days immediately following the death without loss of their regular pay from regularly scheduled hours for a member of their immediate family as set out below.

For a child or spouse of the employee, seven (7) consecutive calendar days bereavement leave. For parent, sister, brother, mother-in-law, father-in-law, grandparent, grandchild, brother-in-law, sister-in-law, son and daughter-in-law of the employee, four (4) consecutive calendar days. The Hospital will further provide one (1) day the employee's aunt, uncle, niece, nephew and employee's spouse's grandparent.

The Hospital, in its discretion, may extend such leave with or without pay.

1

1

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Furthermore, where an employee does not qualify under the above-noted conditions, the Hospital may, nonetheless, grant a paid bereavement leave.

It is agreed that when an employee attends the spring interment a family member, the employee will be granted one day without loss of their regular pay and such day will reduce the above entitlement.

If an employee is required to serve as a juror in any court of law, or is required by subpoena to attend a court of law as a witness called on behalf of the Crown, or is required to attend a coroner's inquest in connection with a case concerning the Hospital, the employee shall not lose regular pay because of necessary absence from work due such attendance, and shall not be required to work on the day of such duty, provided that the employee:

a) informs the Hospital immediately upon being notified that the employee will be required to attend court or the coroner's inquest;

b) presents proof service requiring the employee's attendance; and

c) promptly repays the Employer the amount (other than expenses) paid to the employee for such service as a juror or for attendance as such witness.

It is further understood that any employee shall return to their duties at every opportunity during the period of time they are serving as a juror.

In addition to the foregoing, where an employee is required by subpoena to attend a Court of Law or Coroner's Inquest, in connection with a case arising from the employee's duties at the Hospital, on their regularly scheduled day off or during their regularly scheduled vacation period, it being understood that any rescheduling shall not result in the payment of any premium pay. If the Hospital fails to reschedule such employees, the Hospital shall arrange lieu time off work for all days the employee would otherwise be off work had it not been for the attendance at Court or the Coroner's Inquest.

Leave of absence without loss of regular earnings or benefits shall be granted to any employee who is required by the Hospital to attend a course of study, convention or workshop which, in the opinion of the Hospital, will improve or maintain the employee's qualifications and services. It is understood that it shall be the Hospital's responsibility to pay for the approved tuition, books and

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reasonable transportation costs for any employee attending such courses of study, convention or workshop. Upon proof of payment for CPR recertification, an employee will be reimbursed up to twenty-five dollars ($25) for the cost of the CPR recertification course.

12.07 The employer will continue paying its share of the premiums of benefits during a pregnancy or parental leave provided that the employee prepays her share of the same premiums.

12.08

The Hospital at its discretion may grant a leave of absence without pay and no loss of credits for special or compassionate reasons of up two (2) days per calendar year. Subject operational requirements, such leaves shall not be unreasonably denied.

13.01 a) Pregnancy leave will be granted to pregnant employees and Parental leave will be granted all employees who qualify under the E.S.A. as provided by this Article. The employee shall give written notification of at least two (2) weeks in advance of the date of commencement of such leave and the expected date of return, while on such leave seniority will accrue.

b) It is agreed that during such leave, credit for the purposes of service shall accrue in accordance with the Employment Standards Act.

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

d) An employee who is in receipt of Employment Insurance pregnancy benefits pursuant to the Employment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between eighty-four percent (84%) of her regular weekly earnings and the total sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two week Employment Insurance waiting period, and receipt by the Hospital of the employee's Employment Insurance cheque stub as proof that they are in receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee is in receipt of

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such benefits for a maximum period of fifteen (15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours in the last six (6) months.

e) An employee who is on parental leave who has applied for and is in receipt of Employment Insurance parental benefits, shall be paid a supplemental unemployment benefit for a period not exceeding ten (10) weeks. That benefit will be equivalent to the difference between eighty-four percent (84%) of his or her regular weekly earnings and the total sum of his or her weekly Employment Insurance benefits and any other earnings. The employee's regular weekly earnings shall be determined by multiplying his or her regular hourly rate on his or her last day worked prior the commencement of the leave times his or her normal weekly hours in the last six (6) months.

14.01 Where an employee is assigned to provide patient care for a patient in transit, the following will apply:

a) Where the employee performs such duties during their regular shift, they shall be paid their regular rate of pay.

b) Where the employee performs such duties outside their regular shift or on a scheduled day off, they shall be paid the appropriate overtime rate.

c) Where such duties extend beyond their regular shift, the Hospital will not require an employee to return to regular duties at the Hospital without at least eight (8) hours of time off. Where such time off extends into their next regularly scheduled shift they will maintain their regular earnings for the full shift.

d) Hours spent between the time the employee is relieved of patient care responsibilities and the time the employee returns to the Hospital or to such other location agreed upon between the Hospital and the employee will be paid at the straight time or at the appropriate overtime rates, if applicable under Article 10.08. It is understood that the employee shall return to the Hospital or to such other location agreed upon at the earliest opportunity. Prior to the employee's departure, or at such other time as may be mutually agreed upon, the Hospital will establish with the employee arrangements for return travel.

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e) The employee shall be reimbursed for reasonable out of pocket expenses including room, board. When necessary and upon request the Hospital will provide an advance to cover reasonable out of pocket expenses. Consideration will be given to any special circumstances not dealt with under the foregoing provisions.

15.01 a)

b)

The Pre-Paid Leave Plan is a plan developed to afford employees the opportunity to take a one (1) year leave absence, funded solely by the employee through the deferral of salary over a defined period, in accordance with Part LXVIII of the Income Tax Regulations, Section 6801 (as may be amended from time to time).

Eligible employees must make written application to the Department Head, with a copy to the Director of Human Resources, at least six (6) months prior to the intended commencement date of the salary deferral portion of the Pre-Paid Leave Plan. Such application will outline the reason the leave is being requested. Priority will be given to applicants intending to use the leave to pursue formal education related to their profession. As between two (2) or more candidates, from the same department, with the same intended purpose, seniority shall govern. The employee will be informed of the disposition of their application as soon as is reasonably possible after the closing date for applications.

c) The total number of employees that may accepted into the Pre-Paid

d)

Leave Plan in any one plan year as defined above, shall be determined by the Hospital.

Final approval for entry into the pre-paid leave program will be subject to the employee entering into a formal agreement with the Hospital, authorizing the Hospital to make the appropriate deductions from the employee's pay. The agreement will also include:

e)

f)

g)

h)

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i) A statement that the employee is entering the plan in accordance with Article 15.01 of the Collective Agreement.

ii) The period of salary deferral and the period for which the leave is requested.

iii) The manner in which the deferred salary is to be held.

The letter of application to enter the plan will be appended to, and form part of, the written agreement.

The deferral portion of the plan shall involve an employee spreading four (4) years' salary over a five (5) year period. During the four (4) years salary deferral, 20% of the employee's gross annual earnings will be deducted and held for the employee. Such deferred salary will not be accessible to the employee until the year the leave or upon the collapse of the plan.

The manner in which the deferred salary is held shall be at the discretion of the Hospital. The employee will be made aware, in advance of having to sign any formal agreement, of the manner of holding such deferred salary.

Interest which is accumulated during each year the deferral period shall be paid out to the employee in accordance with Part LXVIII of the Income Tax Regulation, Section 6801.

All benefits shall be whole during the deferral period of the plan. Employees will be allowed to participate in health and welfare benefits plans during the year of the leave, but the full cost of such plans will be borne by the employees. Contributions to the Hospitals of Ontario Pension Plan will

in accordance with the Plan.

Notwithstanding the above, employees will not be eligible to participate in the disability income plan during the year of leave.

During the year of the leave, seniority shall continue to accumulate. Service for the purposes of vacation and salary progression and other benefits will be retained but will not accumulate during the period of the leave.

i)

j)

k)

I)

m)

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On return from leave, a participant will be assigned to their former position unless it is no longer available. In such a case the employee will be given a comparable job, if possible, or the layoff provisions will be applied.

i) A participant may withdraw from the plan at any time up to a date three (3) months prior to the commencement of the leave. Deferred salary, and accrued interest will be returned to the participant within a reasonable period of time.

ii)

If a participant resigns, or is terminated, prior to the commencement of the leave, deferred salary plus interest will be returned to the participant within reasonable period of time. In the event of the death of a participant, such funds will be paid to the participant's estate.

The Hospital will endeavour to find a temporary replacement for the employee, as far in advance as practicable. If the Hospital is unable to find a suitable replacement, it may postpone the leave. If, after a period of postponement, a suitable temporary replacement cannot be found, the Hospital will have the option of considering a further postponement or of collapsing the plan. The employee, subject to such a postponement, will have the option of remaining in the plan and rearranging the leave at a mutually agreeable time, or of withdrawing from the plan as outlined in this article, section Q).

The year for purposes of the plan shall be from September 1 of one year, to August 31, of the following year.

Only the original vacancy resulting from an absence due to pre-paid leave will be posted.

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Employees in this bargaining unit selected to fill vacancies resulting from replacing an employee on a pre-paid leave need not be considered for other vacancies while replacing such employee. Upon completion of the leave, the replacing employee will be returned their former position, and the filling of subsequent vacancies will likewise be reversed.

Employees newly hired to fill vacancies resulting from replacing an employee on pre-paid leave will not accrue seniority during the filling of such vacancies. Furthermore, such employees need not considered for other vacancies. If such employees do post into permanent positions they will be credited with seniority from their last date of hire. The release or discharge of such employees will not subject of a grievance or arbitration.

16.01 The Hospital shall provide space for the Union to erect a bulletin board in order for the Union to post Union notices. Such notices must be approved by the Employer.

17.01 Employees who have completed one (1) or more years of full-time continuous service as of Jan. 1 of each year shall be entitled to an annual vacation of two (2) weeks pay (75 hours' pay for employees whose regular hours of work are other than the standard work day).

Employees who have completed two (2) years of full-time continuous service as of Jan. 1 of each year shall be entitled to an annual vacation of three (3) weeks pay (11 hours' pay for employees whose regular hours of work are other than the standard work day).

Employees who have completed five (5) years of full-time continuous service as of Jan. 1 of each year shall be entitled to an annual vacation of four (4) weeks' pay (150 pay for employees whose regular hours of work are other than the standard work day).

Employees who have completed thirteen (13) years of full-time continuous service as of Jan. 1 each year shall be entitled to an annual vacation of five (5) weeks' pay (187.5 hours' pay for employees whose regular hours of work are other than the standard work day).

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Employees who have completed twenty (20) years of full-time continuous service as January 1 each year shall be entitled to an annual vacation of six (6) weeks' pay (225 hours pay for employees whose regular hours of work are other than the standard work day).

Employees who have completed twenty-eight (28) years of full-time continuous service shall be entitled to an annual vacation of seven (7) weeks pay (262.6 hours pay for employees whose regular hours of work are other than the standard work day.)

17.02 Where an employee's scheduled vacation is interrupted due to serious illness or injury which commenced prior to and continues into the scheduled vacation period, the period of such illness shall be considered sick leave.

Where an employee's scheduled vacation is interrupted due to a serious illness requiring the employee to be an in-patient in a hospital, the period of such hospitalization shall be considered sick leave.

The portion of the employee's vacation which is deemed to be sick leave under the above provisions will not be counted against the employee's vacation credits.

17 .03 Notwithstanding the above, should an employee terminate with less than two (2) weeks notice of termination, the vacation pay requirements of the Employment Standards Act will apply.

17.04 Employees must notify their Department Head by April 1st of each year of their vacation preference. The Department Head will verify approval by May 15th_ In scheduling vacations, every consideration will be given to the employee's preference. The scheduling of vacation will be done on the basis of efficient operation of the department. Where the preference of employees in a department conflict as to the time period, then seniority shall govern.

17.05 During the period between the Monday preceding July 1 to Labour Day, which is considered to be "prime time", employees will not be scheduled for vacation periods in excess of two (2) weeks duration. This will not preclude the Employer from scheduling more than two (2) weeks where possible. In scheduling vacation time, full-time seniority shall govern. Such scheduling will endeavour to give a fair opportunity to all employees to receive vacation during the said "prime time" and shall not be unreasonably denied. The Hospital will advise the employee in writing of the decision by May 15th.

17.06 Vacations will be used before December 21st of each year. An employee carry over up to five (5) days vacation from the previous year. An employee may

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request to carry over additional vacation provided that the employee provides a reason satisfactory to the Hospital and makes written request to the employee's manager prior to November 15 of each year. It is understood that such request shall not be unreasonably denied.

17.07 Should an employee be required to work during his vacation period, he shall be paid at the rate of time and one half (1%) his regular straight time hourly rate for all hours worked on such a day. It is understood that there shall be no deduction from the vacation entitlement during such day worked.

18.01 The Hospital will provide for HOOGLIP or other equivalent group life insurance plans. The Hospital further agrees to contribute the full premium for all eligible employees in the active of the Hospital on the eligibility conditions set out in the Agreements.

19.01 The Hospital shall provide a short-term sick leave plan at least equivalent to that described in the 1992 Hospitals Ontario Disability Income Plan (HOODIP) brochure.

19.02 The Hospital will pay seventy-five percent (75%) of the billed premium towards coverage of eligible employees under the Long Term Disability Plan (HOODIP or equivalent); employees shall pay the balance of the billed premiums through payroll deduction.

19.03 The Hospital further agrees to pay employees an amount equal to any loss of benefits under HOODIP for the first two days of the fourth and subsequent illness in any calendar year.

19.04 This Plan is governed by the Plan This Plan Text is available for viewing the Human Resources office. The Hospital shall provide the Union with a copy of the Plan

19.05 Any dispute which may arise concerning an employee's entitlement to short-term benefits under HOODIP may be subject to grievance and arbitration under the provisions of this Agreement.

19.06 The short-term sick leave plan shall be registered with the Human Resources Development Canada (HRDC). The employee's share of the employer's

30

unemployment insurance premium reduction will be retained by the Hospital towards offsetting the cost of the benefit improvements contained in this Agreement.

19.07 For employees whose regular hours of work are more than the standard work day, the short-term sick leave plan will provide payment for the number of hours of absence according to the scheduled tour to a total of 562.5 hours. All other provisions of the existing plan shall apply mutatis mutandis.

19.08 Notwithstanding Article 11, an employee who qualifies to receive pay for any holiday will not be entitled to receive sick pay in addition to holiday pay in respect of the same day.

20.01 The Hospital shall implement a dental plan based on the current ODA fee schedule. The Hospital shall pay seventy-five percent (75%) of the monthly premium rates on behalf of active employees, the balance being paid by participating employees through payroll deduction. Employees will be enrolled in the existing Plan in accordance with the terms and conditions of the Plan.

21.01 The Hospital shall contribute on behalf of each eligible employee seventy-five percent (75%) of the billed premium under the Extended Health Care Plan (Blue Cross $22.50 - $35.00) plan including hearing aids with a maximum of $300.00 per person and vision care with a maximum of $400.00 every months per person, or its equivalent provided the balance of the monthly premium is paid by employees through payroll deduction (subject to appropriate Union and Employer recruitment). Also the Employer will reimburse employees up to fifty dollars ($50.) for a biannual eye exam. The Plan will also provide for services of a chiropractor up to an annual maximum of $400.00and services of a licensed or registered physiotherapist up to an annual maximum of $500.00. The Plan will also provide for orthotic inserts to a maximum of $400.00 dollars per year and massage therapist to a maximum of $500.00 annually.

The Hospital agrees to pay one hundred percent (100%) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Mutual Life Semi-Private Plan or comparable coverage with another carrier if the employee is enrolled in the Extended Health Care Plan.

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21.03 The Hospital will allow all employees who retire prior to age sixty-five (65) and have not yet reached age sixty-five (65) and who are in receipt of the Hospital's pension plan benefits, to participate in the Hospital's semi-private, extended Health care and dental benefits on the same basis as is provided to active employees, as long as the retiree pays the Employer the full amount of the Employer's and employee's premiums for the plans in advance, effective on ratification.

22.01 It is understood that the Hospital may at any time substitute another carrier for any Plan (other than OHIP) provided the benefits are equivalent and are neither reduced or increased. The Hospital shall provide to the Union full specifications of the benefit programs contracted for before implementation of any change.

The parties agree that any surplus, credits, refunds or reimbursements excluding sick leave and/or pension credits, under whatever name accrue to and for the benefit of the Hospital.

23.01 The salaries for the classifications service employees shall be set out in Schedule A attached hereto. Further, the Employer shall pay its employees every two (2) weeks.

An employee will move up into the next category on their service date until they have reached the maximum of the classification.

23.03 Employee, upon promotion to a higher classification will be slotted into the category of the new classification such that their increase is not less than one full increment in their former scale.

23.04 New full-time, regular and casual Registered Practical Nurses hired after May 1, 201 claiming related experience, if any, shall do so in writing within seven (7) calendar days of hiring. The employee shall provide the Hospital with proof of experience within thirty (30) days. The Hospital will credit the employee with one (1) increment on the salary scale for every year of recent, related clinical experience, (or part-time based on one thousand seven hundred and twenty-five (1725) hours equals one (1) year full-time) as determined by the Hospital, obtained within the previous four (4) years prior to the hiring of the employee.

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24.01 Effective date of ratification, employees shall be paid a shift premium of one dollar and twenty-five cents ($1.25) per hour for each hour worked outside the normal hours of the day shift provided that such hours exceed two (2) hours if worked in conjunction with the day shift. Shift premium will not form part of the employee's straight time hourly rate. It is understood that the normal day shift in the nursing area is 0700 hours to 1500 hours.

24.02 Effective date of ratification, employees shall be paid a weekend premium of one dollar and twenty-five cents ($1.25) per hour for each hour worked on a scheduled shift between 1900 hours on Friday and 1900 hours on Sunday.

25.01 Where an employee who has completed her regularly scheduled shift and has left the Hospital and is called to work outside her regularly scheduled working hours, or where a full-time employee is called back form stand-by, she shall receive time and one-half (1 Yz) her regular straight time hourly rate for all hours worked with a minimum guarantee of (4) hours pay at time and one-half (1 Yz) her straight time hourly rate except to the extent that such four (4) hour period overlaps or extends into her regularly scheduled shift. In such a case, she will receive time and one-half (1 Yz) her regular straight time hourly rate from actual hours worked up to the commencement of her regular shift.

25.02 With mutual agreement, employees may receive compensating leave in lieu of pay at call-back rate or receive pay at call-back rate.

26.01 An employee required to stand-by or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of three dollars and twenty cents ($3.20) per hour of stand-by time. Hours worked for call-back shall be deducted from hours for which the employee receives stand-by pay.

An employee required to stand-by or remain available for call-back duty on a Statutory Holiday shall be paid at the rate of three dollars and twenty ($3.20) per hour of stand-by time.

26.02 Purchase and maintenance of alerting devices used by the employee for "stand-by" and "call-back" procedures shall be the responsibility of the Hospital only.

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When an employee is required to travel to the Hospital, or to return to their home, as the result of being called back to work outside of their regularly scheduled hours, the Hospital will reimburse transportation costs either by taxi or by their own vehicle at the rate per km. commensurate with the current Hospital rate; or taxi fare to maximum of five dollars ($5.00) per trip or such greater amount that the Hospital may in its discretion determine for each trip. The employees will provide to the Hospital satisfactory proof of payment of such taxi fare.

Should the Hospital increase its transportation allowance during the term of this agreement, the same amounts will be applied to this Article.

28.01 Where an employee is assigned temporarily perform the duties and assume the responsibilities of a higher paying classification in or out the bargaining unit, for one full shift or more, they shall be paid a premium equal to the greater of their next or last increment in their salary range for the duration of the assignment. Notwithstanding the above the position of Lead Hand in the Housekeeping department will be paid an additional .50 cents per hour.

Where an employee is assigned temporarily to perform the duties and assume the responsibilities a higher paying classification in the bargaining unit for a period in excess of one-half (%) of a shift, she shall be paid the rate in the higher salary range immediately above her current rate from the commencement of the shift on which she was assigned the job.

Where the Hospital temporarily assigns an employee to carry out the assigned responsibilities of a classification outside the bargaining unit for a period in excess of one-half (%) of one shift, the employee shall receive an allowance of $4.00 for each shift from the time of the assignment.

29.01 Any letter of reprimand or suspension will be removed from the record of an employee twelve (12) months following receipt by the employee of such letter or suspension provided that the employee's record has been discipline free for such twelve (12) month period. Where a series of such material relate to the same incident, the latest dated letter shall remain on the employee's file for an additional twelve (1 months. Any absence from the workplace shall extend the

34

twelve (12) month period by the length of the absence.

29.02 Each employee shall have reasonable access to their file for the purposes of reviewing any evaluations or formal disciplinary notations contained therein in the presence of the Employer. A copy of the evaluation will be provided to the employee at their request.

An employee shall have the right to respond, in writing, to letters of reprimand, suspensions, evaluations, or formal disciplinary notations filed against him.

29.03 When the employer calls an employee to a meeting where a discipline is contemplated the employer will inform the employee of his/her right to have a Union Representative present prior to commencement of the meeting. Every reasonable effort will be made to have the meeting scheduled at a mutually agreed upon time.

30.01 The Hospital and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in order to prevent accidents, injury and illness.

30.02 Recognizing its responsibilities under the applicable legislation, the Hospital agrees to accept as members of its Joint Health and Safety Committee two (2) representatives selected or appointed by the Union from amongst all of OPSEU's bargaining units.

30.03 Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programmes and recommend actions to be taken to improve conditions related to safety and health.

30.04 The Hospital agrees to co-operate reasonably in providing necessary information to enable the Committee to fulfil its functions.

30.05 Meetings shall be held every second month or more frequently at the call of the chair, if required. The Committee shall maintain minutes of all meetings and make the same available for review.

30.06 Any representative appointed or selected in accordance with .02 hereof, shall serve for a term of at least one (1) calendar year from the date of appointment. Time off for such representative( s) to attend meetings of the Joint Health and Safety Committee in accordance with the foregoing, shall be granted and any representative(s) attending such meetings during their regularly scheduled hours

35

work, shall not lose regular earnings as a result of such attendance.

30.07 The Union agrees to endeavour to obtain the full co-operation of its membership in the observation of all safety rules and practices.

30.08 The Certified Health & Safety inspector will serve for a minimum of a three (3) year term.

31 All present employees in the Hospital's Pension Plan shall maintain their enrolment in the Plan subject to its terms and conditions. New employees and employees employed but not yet eligible for membership in the Plan shall, as a condition of employment, enrol in the Plan when eligible in accordance with its terms and conditions.

32.01 Premium payment (including overtime and holiday premium payment) shall be calculated and paid under one provision of this Agreement only, even though hours worked may be premium payment hours under more than one provision. In such circumstances the highest premium will be applied. prov1s1on this clause will not negate any entitlement to shift premium, call-back and standby.

Unless existing benefits, rights, privileges, practices, terms or conditions of employment which may be considered to be superior to those contained herein are specifically retained by this Agreement, they shall be deemed not to continue in effect.

33.01 Where the masculine gender is used in this Agreement, it is agreed that the feminine gender shall also be construed in the application and interpretation of this Agreement.

34.02

regular straight time rate of pay is that prescribed in Wage Schedule "A".

33.03

33.04

36

If an employee is required to wear a name tag or l. Photo the Hospital will provide them and any replacement thereafter no cost to the employee if the card is damaged as the result of normal wear and tear.

When the Hospital updates a job description a copy of the job description will be forwarded the Union within thirty (30) days.

34.01 The Hospital and the Union agree to equally share the cost of printing or reproducing this Collective Agreement. The number to be determined through mutual agreement.

35.01 The Hospital and the Union encourage employees to take every reasonable precaution protect themselves and the patients from influenza. Where the Hospital and Medical Officer of Health believe that employees and patients are at risk, the Hospital has the right to invoke its policy on Influenza Vaccinations.

37

36.01 This Agreement shall effective as of the date of ratification or award and shall continue in effect until the 28th day of September, 2018, and shall continue automatically thereafter for annual periods of one year each unless either party notifies the other in writing at least thirty (30) days prior to, but not more than sixty (60) days prior to the date of this Agreement that it intends to amend or terminate this Agreement.

Signed in Cornwall, this ----'--- day

FOR E

38

Start

Effective September 29, 2016 26.90 27.66 28.44 29.21

Effective April 1, 2016 27.04 27.80 28.58 29.35

Effective September 29, 2017 27.42 28.19 28.98 29.76

Effective June 1, 2018 (ratification) 28.19 28.98 29.76

(Nurses

Effective September 29, 2016 21.11 21.26 21.69

Effective April 1, 2016 21.23 21.45 21.86

Effective September 29, 2017 21.53 21.75 22.16

7

Students 14.00 Lead Hand .51

3

1. as a

care if

40

nature as defined by the Collective Agreement in the department or unit, the job sharing agreement will deemed terminated and both employees will revert their respective Bargaining Unit.

9. The Hospital or either party of the job sharing arrangement may cancel the job sharing arrangement upon four (4) weeks notice.

10. In the event that a job sharing arrangement is cancelled for any reason, the part­time job sharer shall return to the part-time rotation and any reduction in hours or scheduled shifts of employees in the part-time rotations that occur as a result of the return of the part-time job sharer to the part-time rotations shall not be deemed to be a layoff.

Employee #1 (full time) Date The Union

Employee (full time) Date The Union

Employer The Union

Witness Date The Union

41

LETTER #1

ST. JOSEPH'S CONTINUING CARE CENTER ITS

HOTEL DIEU SITE

AND

PUBLIC SERVICE EMPLOYEES UNION

ITS LOCAL

The Employer and the Union agree that part-time employees may take temporary positions in the full-time bargaining unit and retain all their rights in the part-time bargaining unit. For purposes of clarity, the part-time employee in a full-time temporary position would continue to accumulate seniority in the part-time bargaining unit and would be paid a per cent in lieu of benefits in accordance with the part-time Collective Agreement. The parties also agree that it is not a violation of either the part-time or full-time Collective Agreements for a part-time employee to be in a full-time position in the full-time bargaining unit on a temporary basis. If the term of a temporary position will exceed six (6) months the Employer will offer employees to work in the vacancy in periods of up to six (6) months during the entire term of the temporary vacancy.

In the event that the Employer creates a new position as a result of receiving permanent funding it will fill the position as a permanent position in accordance with the posting provisions of the Collective Agreement and fill it as a permanent position rather than as a temporary position as set out in this letter. Similarly, if funding for a temporary position becomes permanent, the Employer will post the position as a permanent position in accordance with the posting provisions of the Collective Agreement and fill it as a permanent position rather than as a temporary position as set out in this letter.

over

1.

can

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