Unit No. 550/550A

COLLECTIVE AGREEMENT

BETWEEN

ROSEWOOD RETIREMENT RESIDENCE

-AND-·

SERVICE EMPLOYEES UNION, LOCAL 1 CANADA

EFFECTIVE APRIL1 2016- March 31 2019

FULL AND PART TIME WORKERS

COLLECTIVE AGREEMENT

BETWEEN

ROSEWOOD RETIREMENT RESIDENCE (Hereinafter called the "Employer'')

PARTY OF THE FIRST PART

-and-

SERVICE EMPLOYEES UNION, LOCAL 1 CANADA

(Hereinafter called the "Union")

PARTY OF THE SECOND PART

TABLE OF CONTENTS

CONTENTS PAGE

ARTICLE 1 - GENERAL PURPOSE .................................................................................. 1 ARTICLE 2- SCOPE AND RECOGNITION ....................................................................... 1 ARTICLE 3- UNION SECURITY ...................................................................................... 2 ARTICLE 4- DEFINITIONS .............................................................................................. 3 ARTICLE 5- NO STRIKES OR LOCK-OUTS .................................................................... 4 ARTICLE 6- BULLETIN BOARDS .................................................................................... .4 ARTICLE 7 - FUNCTIONS OF THE EMPLOYER: ............................................................ .4 ARTieLE-8·-·STEWARDS: ........... : ... : .... : ....... ~ ... : ................................................................ 5 ARTICLE 9- UNION REPRESENTATION AND COMMITTEES: ..................................... 5 ARTICLE 10- Complaints and Grievances ....................................................................... 6 ARTICLE 11 -DISCIPLINE ............................................................................................... 9 ARTICLE 12 -ARBITRATION .......................................................................................... 10 ARTICLE 13- SENIORITY ............................................................................................... 11 ARTICLE 14- JOB POSTING .......................................................................................... 15 ARTICLE 15 -WAGES ..................................................................................................... 17 ARTICLE 16- PAY DAYS ................................................................................................ 17 ARTICLE 17- CONTRACT PRINTING ............................................................................ 19 ARTICLE 18- HOURS OF WORK ................................................................................... 19 ARTICLE 19- LEAVES OF ABSENCE: ........................................................................... 22 ARTICLE 20- PAID HOLIDAYS: ..................................................................................... 28 ARTICLE 21 -VACATIONS: ............................................................................................ 29 ARTICLE 22- HEALTH AND WELFARE: ........................................................................ 31 ARTICLE 23- PENSION PLAN ....................................................................................... 33 ARTICLE 24- HEALTH AND SAFETY ............................................................................ 35 ARTICLE 25- UNIFORM ALLOWANCE .......................................................................... 37 ARTICLE 26- RENEWAL, AMENDMENT AND TERMINATION ..................................... 37 LETTERS OF UNDERSTANDING RE: MEALS ..................................................................................................................... 39 RE: DRESS CODE. ........................................................................................................ .40 WAGE RATES ................................................................................................................ .41 LETTER OF UNDERSTANDING RE: RED SEAL CERTIFICATION .................................................................................. .44

ARTICLE 1 - GENERAL PURPOSE

1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the employer and the employees concerned and to provide machinery for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all employees within the bargaining unit.

1.02 The parties agree to foster a work environment that supports the dignity and respect of all employees.

1.03 Harassment:

The Union and the Employer recognize their obligations in promoting a harassment free work environment and in ensuring that every individual has the right to dignity and respect and to be treated fairly in the workplace. Harassment can be defined as any course of unwelcome action by any person, in particular management, an employee or a co-worker, whether verbal or physical, on a single or repeated basis which humiliates, degrades, insults or threatens the health and/or well being of an individual or which poisons the work environment. Unwelcome or unwanted in this context means any action that the harasser knows or ought reasonably to know is unwelcome by the individual.

ARTICLE 2 - SCOPE AND RECOGNITION:

2.01 WHEREAS the Union, by certificate dated September 13, 1996, is the sole certified collective bargaining agent for all employees of 818777 Ontario Inc. o/a The Rosewood Retirement Home, in the City of Kingston, save and except Supervisors, persons above the rank of Supervisor, office and clerical staff.

The Union is hereby established as the sole collective bargaining agent for all employees in the bargaining unit, as defined in the preamble paragraph hereof, and the Employer undertakes that it will not enter into any other agreement with such employees, either individually or collectively which will conflict with any of the provisions of this Agreement.

2.02 The Union agrees that there will be no Union activities on the premises of the Employer without first informing the Employer.

2.03 The Employer undertakes that he will not enter into any other agreement or contract with those employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Agreement. Where the feminine pronoun is used in this Agreement, it shall mean and include the masculine pronoun where the context so applies.

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

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2.05 Contracting Out

The Residence shall not contract-out any work usually performed by the members of the bargaining unit if, as a result of such contracting-out, a lay-off of any employees other than casual part-time employees results from such contracting-out. Contracting-out to an Employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid-off with similar terms and conditions of employment is not a breach of this Agreement.

ARTICLE 3 - UNION SECURITY

3.01 As a condition of employment, the Employer will deduct from each employee covered by this Agreement an amount equal to the regular monthly union dues designated by the Union.

3.02 Such dues shall be deducted from each pay for employees. In the case of newly hired employees each employee shall be subject to a one (1) time Union Initiation Fee as directed by the Secretary Treasurer of the Union Initiation Fees and Dues deductions shall commence in the month of hire.

3.03 The amount of the regular monthly dues shall be those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer's conclusive authority to make the deductions specified.

3.04 In consideration of the deducting of Administrative Assessment and Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article.

3.05 Monthly deductions shall be made and forwarded to the Secretary Treasurer of the local Union on or before the 15th of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues the month following with the reason why dues were missed.

3.06 The Employer agrees to forward a list of dues deductions in an electronic format on an electronic template provided by the Union under the direction of the Secretary Treasurer.

3.07 The Employer will provide each employee with a T4 supplementary slip showing the dues deducted in the previous year for income tax purposes where such information is available or becomes readily available through the Employer's payroll system.

3.08 It is mutually agreed that arrangements will be made for a union Steward to interview each new employee who is not a member of the union, once during the

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first thirty (30) days of employment for the purpose of informing such employee the existence of the Union in the Home. The employer shall advise the Union monthly as to the names of the persons listed for interview and the time and place on the premises of the Employer designated for each such interview, the duration of which shall not exceed fifteen (15) minutes.

The Employer shall advise the union steward of the time of the meeting.

3.09 Employment of Disabled Workers

The Union and the Employer acknowledge their obligations to accommodate certain individuals under the Human Rights Code of Ontario and agrees that this Collective Agreement will be interpreted in such a way to permit those obligations to be discharged.

3.10 Employees shall provide the Employer with any change of address or phone number as soon as reasonably possible.

ARTICLE 4- DEFINITIONS:

4.01 It is agreed that the term "employee" and/or "employees" as and wherever used in this Agreement shall be interpreted as he and/or she.

4.02 Supervisors and Union Representatives

In order to facilitate the operations of this Agreement, the Employer shall supply to the Union a list of employees acting in a supervisory capacity and will indicate by appropriate job titles the nature and extent of their authority. The Union will supply the Employer with a list of its representatives and stewards. Both parties agree that these lists will be promptly revised from time to time whenever changes become necessary.

4.03 Managers, volunteers and persons excluded from the bargaining unit will not take the place of any employee such to cause an employee to suffer a loss of hours of work or pay and no employee shall suffer loss of hours of work or pay as a result of the contracting out of work by the Employer.

4.04 The terms "regular pay" and "straight pay'' when used in this Agreement, shall mean the amounts indicated in the wage classification contained in Schedule "A".

4.05 Full time employees are defined as persons regularly scheduled to work sixty-five hours or more bi-weekly.

Part-time employees are defined as persons regularly scheduled to work less than sixty-five hours bi-weekly.

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4.06 An un-scheduled part-time Employee who is called to work on a call- in basis, but who does not work a regular schedule, or does so only for the specified period. Such Employee has the option of refusing work when it is made available to her, however, it is also understood that an on-call Employee who has provided availability cannot unreasonably or consistently refuse work shifts.

ARTICLE 5 - NO STRIKES OR LOCK-OUTS:

5.01 The Union agrees that there shall be no strikes during the term of this Agreement and the Employer agrees that there shall be no lock-out during the term of this Agreement.

ARTICLE 6 - BULLETIN BOARDS:

6.01 The Employer will provide a bulletin boards in mutually satisfactory locations for the convenience of the Union in posting notices of Union activity.

ARTICLE 7 -FUNCTIONS OF THE EMPLOYER:

The Union acknowledges that it is the exclusive function of the Employer to:

7.01 Maintain order, discipline and efficiency and to establish and enforce reasonable rules and regulations. The Employer agrees to consider any representation made by the Union concerning any change in rules or the introduction of new rules and may be the subject of a grievance if both parties cannot agree on any of the above-mentioned

7.02 Hire, discharge, transfer, promote, demote, classify, and suspend or otherwise discipline employees, provided that a claim of discriminatory transfer, promotion, demotion, or classification, or a claim that an employee who has completed their probationary period has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided.

7.03 The Employer shall not act in an arbitrary manner.

7.04 a) Without restricting or limiting the generality of the foregoing, the Employer retains all rights and responsibilities of Management not specifically relinquished or modified by the Agreement.

b) The Employer agrees that these rights shall not be exercised in a manner inconsistent with the terms of this Agreement and that an allegation that these rights have been exercised in a manner inconsistent with the terms of this Agreement may be subject to the Grievance Procedure.

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ARTICLE 8 -STEWARDS:

8.01 The Employer acknowledges the right of the Union to appoint or to otherwise select no more than three (3) stewards to assist in presenting their grievances to the representative of the Employer under the grievance procedure of this Agreement.

8.02 It is mutually agreed that employees shall not be eligible to serve as stewards or members of the Grievance Committee until they have completed their probationary period and their names have been placed on the seniority list. The Union acknowledges that stewards, members of the Grievance Committee have regular duties to perform on behalf of the Employer and that such persons will not leave their regular duties without obtaining the permission of their immediate supervisor (which permission will not be unreasonably be withheld) and, when resuming their regular duties, will report to their immediate supervisor so that the length of time they are absent from their regular duties will be under reasonable control.

8.03 Provided that the stewards comply with the reporting requirements of paragraph 8.02 above, such employees will not incur loss of their regular pay for time lost.

8.04 Steward's Pins

The Union stewards and members shall be allowed to wear pins supplied by the Union, such pins to be approved by the Employer.

ARTICLE 9- UNION REPRESENTATION AND COMMITTEES:

9.01 Union Grievance Committee

The Employer acknowledges the right of the Union to appoint or otherwise select a Union Grievance Committee.

9.02 The Employer will recognize and work with the Committee on any matter properly arising out of this Agreement, and the Committee will co-operate with the Employer in the administration of the Agreement.

9.03 The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that so far as possible all activities of the committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged. Where a steward wishes to attend union business during working hours they shall first secure the permission from their immediate supervisor.

9.04 Negotiating Committee

a) The Employer acknowledges the right of the Union to appoint or otherwise

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select a Negotiating Committee of not more than two (2) employees and will recognize and deal with the said Committee with respect to any matter, which properly arises from time to time during the term of this Agreement. A paid Officer of the Union will participate in such negotiations. The said Committee will co-operate with the Employer in the administration of this Agreement.

b) Employees on the Negotiating Committee shall be paid as scheduled shifts during negotiations for a renewal of this Agreement up to but not including arbitration and proceedings thereafter.

9.05 Labour Management Committee

Where there are matters of mutual concern and interest that would be beneficial if discussed at a Labour-Management Committee meeting during the term of this Agreement, the following shall apply.

An equal number of representatives of each party as mutually agreed shall meet at a time and place mutually satisfactory. A request for such meeting will be made in writing at least one (1) week prior to the date proposed and accompanied by an agenda of matters proposed to be discussed, which shall not include matters that are properly the subject of grievance or matters that are properly the subject of negotiations for the amendment or renewal of the Agreement.

A representative attending such meeting shall be paid for wages lost from regularly scheduled hours. A Union staff member may attend as representative of the Union. Meetings will be held quarterly unless otherwise agreed.

Workload issues will be discussed at these meetings.

ARTICLE 10- Complaints and Grievances

10.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement.

10.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated.

10.03 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 he has first given his/her immediate supervisor the opportunily of adjusting his/her complaint. The grievor may have the assistance of a Union Steward if s/he so desires.

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Early Resolution

Such complaint may be discussed between the employee and his or her immediate supervisor within five (5) days after the circumstances giving rise to the complaint or when those circumstances ought reasonably to have come to the attention of the employee.

Failing settlement within the five (5) days, it may then be taken up as a grievance within five (5) days following his or her immediate supervisor's decision in the following manner and sequence:

Step 1

A Union steward may submit the signed, written grievance to the immediate supervisor or designate. The griever may accompany the Union Steward. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then:

Step 2

Within five (5) days following the decision in the immediately preceding step, the grievance may be submitted in writing to the General Manager.

A meeting will then be held between the General Manager and the Union Steward(s) or Grievance Committee, who may be accompanied by the Union Representatives, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties.

The decision of the Employer shall be delivered in writing to the Union Steward and Union Representative within ten (1 0) days following the date of such meeting.

Failing settlement at Step 2, the Union may refer the matter to arbitration within ten (10) days of receiving the Employer's decision.

10.04 Policy Grievance

A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement may be originated at Step 2 within ten (10) days following the circumstances giving rise to the grievance, or when those circumstances ought reasonably to have come to the attention ofthe union

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 s/he could have instituted himself/herself and the regular grievance procedure shall not be by-passed.

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10.05 Group Grievance

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, identifying each employee who is grieving, to employer or designee within ten (10) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the Union. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance.

10.06 Discharge Grievance

If an employee, who has completed his or her probationary period, claims that s/he has been unjustly discharged, such claim may be submitted in the form of a signed grievance by the Union Steward at Step 2 of the grievance procedure to the Employer within ten (10) days following the date the discharge is effective, or ought reasonably to have come to the attention of the union. The grievor may accompany the Union Steward.

Such grievance may be settled under the Grievance and Arbitration procedure by:

(a) Failing settlement under the foregoing procedure any grievance may be submitted to arbitration as provided in Article 10.03.

Timelines may be extended by mutual agreement of the parties.

(b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator/arbitrator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator/arbitrator.

10.07 Agreements reached under the grievance procedure between the representatives of the Employer and representatives of the Union will be final and binding upon the Employer, the Union and the employee(s).

10.08 Employer's Grievances

The Employer may institute a grievance consisting of an allegation of a general misinterpretation or violation of this Agreement (by the Union or any employee covered by this Agreement), in writing, by forwarding a written statement of said grievance to the SEIU Union Representative, providing it is presented within ten (10) working days after the circumstances giving rise to the grievance have originated or occurred; the SEIU Union Representative shall give his decision in writing within five (5) working days after receiving the written grievance and failing

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settlement, the grievance may be referred to Arbitration by the Employer in accordance with Step Number 3 of the grievance procedure.

ARTICLE 11 - DISCIPLINE:

11.01 (a) An employee subject to disciplinary action which is to be recorded in the employee personnel file, shall have the right, if she so requests to the presence of the union steward or union committee member or if either of the above are not available a member representative of the employee's choice who is working on the current shift.

Any written warning to be placed in the employee's file, the employee will be given two (2) copies with instructions that one copy is to go to the Union. On receipt of the said copies, the employee must sign the original copy on his/her file indicating that she did, in fact, receive the copies but not to admit any guilt or to agree with the action taken by the Employer. In the event that the employee refuses to sign, admitting service of the copies, this shall not affect the action taken by the Employer. Any unjust action may be the subject of a grievance.

(b) Written warnings, discipline and suspensions shall be removed from an employees file after fifteen (15) months.

11.02 The Employer shall notify the Union Steward with respect to the any discipline, suspension or discharge of any employee as soon as possible following the discipline, if the steward was not present during the disciplinary meeting as per Article 11.01 above.

A claim by an employee who has acquired seniority that he or she has been unjustly suspended or discharged shall be treated as a grievance if the employee lodges a written statement of such grievance with the Employer within five (5) days after written notice of such suspension or discharge has been given to the employee. Such grievance will be taken up at a special meeting between the Union and the Employer within ten (10) days after it is lodged and, failing settlement, within ten (10) days following the final decision of the Employer, be referred to arbitration.

11.03 Such grievance may be settled:

a) by confirming the Employer's action in suspending or dismissing the employee; or

b) by reinstating the employee with full compensation for time lost; or

c) by such other arrangements as considered fair and just in the opinion of the conferring parties or the Arbitrator if so appointed.

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11.04 Access to Personnel Files

Each employee shall have access to any evaluation or formal disciplinary notations contained therein in the presence of their Supervisor. A copy of their performance appraisal will be provided to each employee. Employees shall be given a copy of his/her evaluation.

ARTICLE 12- ARBITRATION:

12.01 When either party submits a grievance to Arbitration it shall advise the other party in writing and endeavour to submit a list of not less than three arbitrators. Within five (5) days thereafter, the other party shall agree to one of the proposed names or, in the alternative, respond with not less than three names. If the parties fail to agree on a chairperson as herein required, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure.

12.02 The Arbitrator 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.

12.03 Each of the parties hereto will share equally the fees and expenses, if any, of the Chairperson

12.04 Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article.

12.05 The proceedings of the arbitration will be expedited by the parties hereto and the decision of the Arbitrator, will be final and binding upon the parties hereto and the employee or employees concerned.

12.06 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.

12.07 At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness. All reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Residence.

12.08 Grievance Mediation

a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer's

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decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.

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

c) No matter may be submitted to Grievance Mediation, which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.

d) The parties shall agree on a mediator.

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

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

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

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

i) The Union and Employer will share the cost of the Mediator, if any.

ARTICLE 13 -SENIORITY

13.01 a) An employee will be on probation until she has completed fifty (50) working days or 375 hours whichever is longer, in no event shall the probationary period exceed six (6) months. Upon completion of such probationary period, the employee's name shall be placed on the respective seniority list. Full-time employees credited with date of hire and part-time credited with hours of work as seniority.

b) The Employer shall provide the Union electronic copies of the Seniority List sorted by classification, full-time, part-time and seniority. The list shall be provided on a tri-annual basis, in January, May and September.

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c) Seniority will accrue based on date of hire for full time employees, and part time employees will accrue seniority based on hours worked, and updated monthly. In the event that a part-time employee posts for and is awarded a full-time position, their seniority date will be calculated based on actual hours worked. Each 1800 hours worked will be equivalent to one year for the purpose of calculating a seniority date.

d) During an unpaid absence exceeding thirty (30) continuous calendar days other than an absence under the maternity provisions, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended; the benefits concerned appropriately reduced on a pro-rated basis and the employees become responsible for full payment of subsidized employee benefits in which he/she is participating for the period of the absence.

e) It is further understood that during such unpaid absence credit for seniority for purposes of promotion, demotion, transfer or lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue during maternity leave or for a period of one (1) year if an employees absence is due to a disability resulting in WSIB benefits. Such seniority shall accrue based on hours normally scheduled for the employee.

13.02 Transfers

a) If an employee is temporarily transferred to a higher rated job, they will receive the rate applicable to the higher classification from the first hour they are transferred.

b) If an employee is temporarily transferred to a lower rated classification they will receive their regular rate of pay for all hours worked in the lower rated classification.

13.03 In all cases of lay-offs, recalls, promotions, other than appointments to positions outside the scope of the bargaining unit, the following factors shall be considered:

a) seniority

b) skill and ability. Where the factors in (b) are relatively equal, factor (a) shall govern provided the employees have the qualifications to perform the work in question.

13.04 An employee shall lose all seniority if she:

a) voluntarily resigns;

b) is discharged for just cause and is not reinstated through the grievance

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procedure;

c) lay-off in excess of thirty (30) months;

d) is absent from work without permission for three (3) consecutive working days unless an explanation satisfactory to the Employer is given by the employee;

e) fails to return to work upon termination of an authorized leave of absence for purposes other than those for which the leave of absence may be granted;

f) fails to return to work within seven (7) calendar days after being recalled from lay-off by notice sent by registered mail, unless the employee gives an explanation satisfactory to the Employer;

g) is absent due to an illness or disability or WSIB, which absence continues more than thirty (30) months.

h) An unscheduled part-time employee who does not make themselves available for shifts within a two (2) month period will be deemed to have resigned unless otherwise mutually agreed or previously authorized by the Employer.

13.05 Lay-off and Recall

a) The Employer shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of ten (1 0) weeks, notice in writing of their lay off in accordance with the following schedule:

Up to 2 years' service

2 years' or more but less than 5 years' service

5 years' or more but less than 10 years' service

1 0 years' or more service

-one (1) week's notice

- two (2) weeks' notice

-four (4) weeks' notice

- eight (8) weeks' notice

Such notice will be handed to the employee and a signed acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail.

b) Employees shall be laid off in reverse order of seniority within their classification.

c) A full time employee who is laid off from their classification shall bump in the following order, provided said employee has the skill (normal qualification of position) and ability to perform the available work.

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i) the full time employee with the next highest level of seniority within their classification

ii) if no full time employees have lower seniority in their classification then they may bump a full time employee with less seniority in a different classification.

iii) they may bump a part time employee in a different classification with less seniority.

d) i) A part-time employee who is laid off from their classification shall bump in the following order:

The part time employee in their own classification with the next highest level of seniority a part time employee in a different classification with lower seniority.

ii) When a part time employees does not have the seniority or skill, ability and qualifications required to bump a part time employee she shall bump into the most junior fulltime position in her classification, or if unable to based on seniority, shall bump a more junior full time employee in another classification provided:

a) she is more senior

b) she has the skill, ability and qualifications necessary to perform the available work.

e) In the event of a lay-off the Employer shall give written notice to the employee. The employee has the right to accept the layoff or bump as described above. The employee must advise the Employer within seven calendar days of receipt of their decision in this regard.

f) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so or have been found unable to perform the work available.

g) Recall

i) While employees are on lay-off the Employer has the right to post and fill internal vacancies with existing staff. However, no new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so or have been found unable to perform the work available.

ii) Employees will be recalled in the reverse order of lay-off.

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iii) During the period of lay-off the employee has the right to accept or decline recall positions.

iv) Where the employee fails to notify the Employer of their intent to return to work within seven calendar days of receipt of the recall notice or does not return to work he or she shall lose all seniority and be deemed to have quit the employ of the Employer.

h) In the event that a lay-off commences on the day immediately following a paid holiday, an employee otherwise qualified for the holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced.

i) Continuation of Benefits

The Employer agrees to pay the full coverage for all employee benefit plans for the month following the month of an employee's layoff. In the event of a longer lay-off, employees so affected shall have the right to continue this coverage through direct payments.

13.06 Benefits on Lay-Off

In the event of a lay-off, provided the employee deposits with the Home her share of insured benefits for the succeeding month (save for weekly indemnity, if applicable for which laid-off employees are not eligible) the Employer shall pay its share of the insured benefits premium for a period up to 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 comes first.

ARTICLE 14- JOB POSTING:

14.01 In the event new jobs are created or vacancies occur in existing job classifications, the Employer will post all new jobs or vacancies for a period of five (5) calendar days and shall stipulate full-time or part-time the qualifications, classification, rate and department, initial shift, concerned before new employees are hired in order to allow employees with seniority to apply.

14.02 If no applications are received by 10:00 a.m. of the fifth (5th) day following the posting date, the Employer may start proceedings to secure permanent applications for the vacancy from outside labour sources.

All applications received will be considered within five (5) days of the end of the posting procedure. In the event one or more employees apply, the Employer shall consider the qualifications, efficiency, ability and seniority of the applications. Where these factors are equal, the applicant with the greater seniority shall fill the vacancy. If the applicants are not qualified to perform the work required, the Employer reserves the right to immediately hire outside help.

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14.03 a) Upon request, the Employer will give the Chief Steward a copy of postings and of successful applicants.

Trial Period

The successful applicant shall be notified within one (1) week following the end of the posting period. S/he shall be placed on trial for a period of three hundred and seventy-five (375) hours worked. Conditional on satisfactory service, the employee shall be declared permanent after the period of three hundred and seventy-five (375) hours worked. In the event the successful applicant proves unsatisfactory in the position, or has received any warnings during their trial period, the Employer has the right to extend the trial period or consider this just cause to return that employee to their former position, wage or salary rate and without loss of seniority and accept the next eligible candidate for the job. If the employee chooses to return to his former position during the trial period, he shall be returned to his former position, wage or salary rate and without loss of seniority. Any other employee promoted or transferred because of the rearrangement of his former position, wage or salary rate, without loss of seniority.

14.04 In the case of an emergency, the Employer shall not be prevented from temporarily filling a position until the Job Posting Procedure for that particular position has been completed.

14.05 Permanent Transfers

a) If an employee is transferred or reclassified to a higher rated job group, he shall receive the rate above the rate of his prior job in the salary range of the job to which he is transferred. Job seniority for pay purposes shall date from the date the transfer becomes effective.

b) If an employee is transferred to another job group to a reduction in staff, inability to perform the work as required, at the employees request, or any other reason as determined by the Employer, the employee should receive the corresponding rate for the job group to which she was transferred.

14.06 A temporary vacancy is created by an employee's absence due to maternity leave, compensable or non-compensable illness or injury or any other leave of absence expected to exceed six (6) calendar weeks. Employees working less than thirty-seven and one-half (37 1/2) hours a week shall be given the first opportunity to fill temporary vacancies. The Employer will outline to the employee selected to fill the vacancy the anticipated conditions and duration of such vacancy. Upon the return of the employee from her absence, she shall have the right to return to her former position. In instances where an employee returns to work prior to estimated date of return, the Employer shall not be liable for payments to the resulting displaced employee. In the event that a part-time employee is the successful applicant, the part time employee shall retain her part

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time status during the temporary period for the first twelve (12) weeks. After the first twelve (12) weeks, the part time employee's benefit status will change to full time status (unless replacing a maternity leave) for the remainder of the temporary period.

ARTICLE 15- WAGES

15.01 During the lifetime of this Agreement, the Employer agrees to pay and the Union agrees to accept the scale of wages as set out in Schedule "A".

15.02 Wages Progression

Employees will progress from the "start rate" to the "one (1) year rate" and so on, on the basis of 1800 hours worked at the "start rate" to the "one (1) year rate" and so on. Hours worked and paid for, and hours not worked and paid for by the Employer, and hours not worked and paid for under the Workplace Safety and Insurance Board shall be considered hours worked for the purposes of computing eligibility to progress to the next higher rate.

15.03 There shall be no pyramiding of benefits or payments.

15.04 If any classification, within the scope of the certification, is created during the lifetime of this Agreement, wage rate for such classification shall commence to be negotiated not later than fourteen (14) days after the classification is established. Failure to mutually agree on either the new classification or rate of pay shall be the subject matter of a grievance for the purpose of this Agreement.

ARTICLE 16- PAY DAYS

16.01 a) The Employer agrees that employees will be paid every two (2) weeks on Thursday.

b) In the event of an error on an employee's pay, the correction will be made as soon as reasonably possible in a fashion that is mutually agreeable. Failing mutual agreement the Employer will have the right to take no more than 30% of the overpayment off the employee's pay cheque until such error has been corrected. If the error results in an employee being underpaid by one day's pay or more the Employer will provide payment for the shortfall within three (3) business days from the date it was notified of the error.

16.02 Upon voluntary termination or lay-off the employee will be paid her final pay and her vacation pay on the regular pay day for the period within which she terminated or was laid off.

16.03 Employees will endeavour to give a minimum of two (2) weeks notice of termination of employment.

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ARTICLE 17 -CONTRACT PRINTING

17.01 The Employer and the Union will share equally in any cost of the printing of the Collective Agreement.

ARTICLE 18 -HOURS OF WORK

18.01 a) The normal hours of work for regular full-time employees shall be seven and one-half (7 1/2) hours per day and seventy-five (75) hours in a bi-weekly pay period exclusive of meal period. RPN'S will be paid for 8 hours inclusive of meal breaks.

b) The regular hours of work for all part time employees shall be up to (24) twenty-four hours per week by seniority or forty-eight (48) hours bi-weekly by seniority. However, part-time employees may be called into work for more than twenty-four (24) hours per week or forty-eight (48) hours bi­weekly.

c) A 75 hour bi-weekly position shall not be split into part-time positions without first discussing with the union the rationale and providing the union an opportunity to make representation.

d) Seniority shall govern the scheduling of hours of work and call ins for part time employees. However, part time employees' who do not wish to be called for call ins, can request in writing to be removed from the call in list.

e) An employee's shift commencing closest to 0000 hours shall be considered the employee's first shift of the day.

f) During the change over from Daylight Savings Time to Eastern Standard Time or vice-versa, an employee shall be paid for the actual hours worked. No overtime will be paid due to this change.

18.02 a) The Employer will schedule shifts for employees so there will be a minimum of twenty-four (24) hours between the beginning of shifts and changeover of shifts unless otherwise agreed to by the employee.

b) Not more than seven (7) consecutive days.

c) All Employees will be schedule on master schedules.

18.03 Work schedules shall be posted two (2) weeks in advance and will not be changed without consent of both parties except in the case of emergency.

18.04 Employees will be scheduled with every other weekend off.

18.05 Rest Periods

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a) Employees will be allowed breaks within the shift without reduction in pay and without increasing the regular working hours as follows:

Shift Length: -Up to, and including 5.5. hours -More than 5.5 hours

Breaks: 1 - 15 minute break 2 - 15 minute breaks

In addition to the above, any shift over 5 hours will also have a Y, hour unpaid lunch within the shift.

b) The meal period will be paid for those employees who are not permitted to leave the premises during meal break.

18.06 Minimum Reporting Pay

When an employee reports for work at his assigned starting time without being told in advance by the Home not to report at said time, then the employee shall receive work or pay in lieu of work, for four (4) hours during that day. For employees who are regularly scheduled to work less than four (4) hours the obligation is reduced to the number of hours normally scheduled to \NOrk. This obligation on the part of the Home shall cease if no work can be provided due to fire, Acts of God or other circumstances beyond the control of the Home, or failure on the part of the employee to keep the Home informed of his current address and telephone number.

The Union recognizes the home's present practice of scheduling three (3) hours shifts.

It is understood that the employer has the right to provide the employee with work for the four (4) hours and if the employee refuses the work, he/she shall not be entitled to the four (4) hours pay. It is also understood that this provision applies, when the employer fails to notify employees of changes to posted schedules at least twenty-four (24) hours in advance of the commencement ofthe shift.

18.07 Call Back & Call Ins

a) Where an employee is called back to work after having left the premises and before commencing her next regular shift, she will be given a guaranteed minimum of three (3) hours at time and one-half (1 1/2) the straight time hourly rate for such call back or time off in lieu of. If the call back is within three (3) hours of the commencement of her regular shift, she will be paid at the rate of time and one-half (1 1/2) for all hours prior to the regular commencement of the shift, after which hours regular pay, will take over.

b) Where a call-in is requested within one-half (1/2) hour of the starting time of the shift and the employee commences work within one (1) hour of the call, and then the employee will be paid as if the entire shift has been worked.

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c) The above shall not apply, where an employee has requested additional hours and agrees to work or has agreed to work four (4) hour shifts and is called back to work an additional four (4) hour shift, unless the employee works in excess of eight (8) hours in a day or seventy-five (75) hours bi­weekly, in which case 19.08 shall apply.

18.08 Premium Payments

a) Approved overtime shall be paid for all hours worked over seven and one­half (7 1/2) hours in a shift or seventy-five (75) hours in a two (2) week pay period, at the rate of time and one-half (1 1/2) the employee's regular rate of pay.

b) In the event employee, of their own accord, for their own personal convenience, arrange to change shifts with appropriately qualified other employees, the Employer agrees to allow employees to do so provided that the employees have obtained the prior written approval of the Employer, do not abuse this privilege, these alternations do not interfere with any other employee's assigned shifts, and the such alterations and amendments will not result in payment of premium pay to any employee other than shift premium.

c) If an employee is required to work four (4) hours or more overtime, one (1) free meal will be provided by the Home.

d) Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked, but may take time off equivalent to overtime by mutual agreement.

e) Overtime shall be based on the employees regular rate of pay and there shall not be any pyramiding of overtime under this article.

f) An employee who is absent on paid time during his scheduled work week because of sickness, WSIB, bereavement holidays, vacation, or union leave on scheduled days of work shall be considered as if he had worked during his regular scheduled hours during such absence for the calculation of eligibility for overtime rate subject to the provision of (b) above.

g) In no event shall there by any pyramiding of benefits or payments.

18.09 a) Employees required to attend in-service meetings shall be paid at their regular rate for all time spent at such meetings. Employees who are not scheduled for work during the time in-service meetings are held and are called in to attend, shall be paid at their regular rate for a minimum of one (1) hour.

b) Scheduling- If a full time employee wishes to work less than 75 hours per

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pay period, then in exchange for this agreement, Article 22.01 of the Collective Agreement will be modified to state that: Full-time employees working less than 66 hours per pay period will have their stat holiday pay prorated.

Schedules will not be changed once they have been posted, except in cases where employees have approached management for a change. The Head Nurse, Food Service Supervisor/Lead Hand and Administrator are the only persons allowed to alter schedules. Employees are not allowed to give away shifts.

18.10 Where the Employer assigns an employee to orient a newly hired employee in this bargaining unit during her orientation period, the employee who is training will receive a premium of $1.50 per hour and the newly hired person will receive a premium of $1.50 per hour less than the start rate of her classification. These revised payments will apply only during the period of orientation which shall not normally exceed five (5) days. This provision only applies when an SEIU bargaining unit member is assigned to orient a newly-hired employee in this bargaining unit during her orientation period.

18.11 The Employer shall provide a shift premium of forty cents ($0.40) per hour for all. hours worked between 11 :00 p.m. and 7:00 a.m.

ARTICLE 19- LEAVES OF ABSENCE:

19.01 a) The Employer may grant a request for a leave of absence, without pay and without loss of seniority, for personal reasons provided the Employer receives notice in writing in advance, if possible, and the Employer shall not unreasonably withhold permission. Each request will be dealt with on its individual merit. In an emergency the employee shall provide notice as soon as practically possible.

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

c) Benefits/WSIB, Paid Leave - The Employer shall continue to pay premiums for benefit plans for employees who are on paid leave of absence or WSIB if the employee continues their contribution towards said benefits.

19.02 Bereavement Leave

a) Upon the death of an employee's spouse (to include same sex partner) mother, father, step-mother, step-father, child or stepchild, grandchild, an employee shall be granted leave up to a maximum of five (5) days without loss of pay, ending with the 2"d day following the day of the funeral.

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Upon the death of an employee's mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, legal guardian, grandparent, son-in-law, or daughter-in-law the employee shall be granted leave up to a maximum of three (3) days without loss of pay ending the day of the funeral.

b) An employee shall be granted one (1) day bereavement leave (in the same terms and conditions as (a) above) for the purpose of attending the funeral of an Aunt, Uncle, Niece, Nephew or great grandparent.

c) Where it is necessary because of distance, the employee may be provided up to seven (7) days additional unpaid leave. When an employee is unable to, due to distance of travel, attend a funeral of spouse or child, they shall be entitled to leave for mourning on the day of the funeral without loss of pay.

d) Where an employee's scheduled vacation is interrupted due to the above, the proportion of the employee's vacation interrupted shall be deemed to be bereavement leave and the employee will be entitled to reschedule the vacation credits at another time.

e) Employees will be granted one (1) day off without pay for the purpose of attending the funeral of a grandparent-in-law.

f) In the event of a spring internment an employee may save one of the days identified above without loss of pay to attend the internment.

g) It is agreed that this leave is to apply only where the employee is in attendance at the funeral and pay for such days of absence is limited to the days actually missed from work as per the employee's scheduled working days. If the funeral is not attended, the paid leave shall be limited to two (2) days ending not later than the day of the funeral.

h) Spouse shall be as per the Family Law Reform Act.

i) The bereavement leave referred to in this Article shall be credited in all cases toward the employee's entitlement under the emergency leave provisions of the Employment Standards Act, 2000, as amended.

19.03 Pregnancy and Parental Leave

Pregnancy and parental leaves will be granted in accordance with the Employment Standards Act of Ontario unless otherwise amended.

Pregnancy Leave

(a) An employee who is pregnant shall be entitled, upon application, to pregnancy leave and parental leave immediately thereafter. Pregnancy leave shall be granted for seventeen (17) weeks as provided in the

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Employment Standards Act, and may begin no earlier than seventeen (17) weeks before the expected birth date.

The employee shall give the Employer two (2) weeks' notice, in writing, of the day upon which she intends to commence her leave of absence, unless impossible, and furnish the Employer with a certificate of a legally qualified medical practitioner stating that she is pregnant and giving the estimated day upon which delivery will occur.

(b) The employee must have started employment with her Employer at least thirteen (13) weeks prior to the expected date of birth.

(c) The employee shall give at least two (2) weeks notice of her intention to return to work. The employee may, with the consent of the Employer, shorten the duration of the leave of absence requested under this Article upon giving the Employer two (2) weeks notice of her intention to do so, and furnishing the Employer with a certificate of a legally qualified medical practitioner stating that she is able to resume her work.

Additional leave of absence may be taken under Article 20.03, Parental Leave.

Parental Leave

(a) An employee who becomes a parent, and who has been employed for at least thirteen (13) weeks immediately preceding the date of the birth of child or the date the child first came into care or custody of the employee, shall be entitled to parental leave.

(b) Parental leave must begin no later than fifty-two (52) weeks after the day the child is born or comes into the custody, care and control of the parent for the first time. For employees on pregnancy leave, parental leave will begin immediately after pregnancy leave expires. Parental leave shall be granted for up to thirty-five (35) weeks in duration if the employee also took pregnancy leave and thirty-seven (37) weeks in duration if she did not.

(c) The employee shall give the Employer two (2) weeks written notice of the date the leave is to begin.

(d) The following conditions are applicable to pregnancy and parental leave:

i) An employee on pregnancy or parental leave will continue to participate in the benefit plan related to his/her employment, unless the employee gives the Employer written notice to the contrary.

ii) An employee who intends to resume her employment on the expiration of the leave of absence granted to her under this Article, shall so advise the Employer when she requested the leave of absence, and on her return to work, the Employer shall reinstate the employee when the

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leave ends to the position the employee most recently held with the Employer, if it still exists or to a comparable position, it does not. If the Employer's operations were suspended or discontinued while the employee was on leave and have not resumed when the leave ends, the Employer shall reinstate the employee, when the operations resume, in accordance with the Employer's seniority system or practice, if any.

iii) Seniority and service continues to accrue during pregnancy leave or parental leave.

iv) The Employer shall pay a reinstated employee wages that are at least equal to the greater of the wages the employee was most recently paid by the Employer, or the wages that the employee would be earning had the employee worked throughout the leave.

19.04 Jurv Duty

a) If an employee is required to serve as a juror in any court of law in Canada, or is required to attend as a crown witness in a court proceeding in which the Crown is a IJarty, or 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 workplace, the employee shall not lose regular pay for up to a maximum of fifteen (15) scheduled working days missed because of such attendance provided that the employee:

i) notifies the Employer immediately on the employee's notification that they will be required to attend at court;

ii) presents proof of service requiring the employee's attendance;

iii) deposits with the Employer the full amount of compensation received excluding mileage, traveling and meal allowance and an official receipt thereof.

b) 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 with the Employer on their regularly scheduled day off, the Employer will attempt to reschedule the employee's regular day off, it being understood that any rescheduling shall not result in the payment of any premium pay. Where the Employer is unable to reschedule the employee and, as a result, they are required to attend on a regular day off, they shall be paid for all hours actually spent as such hearing at their regular rate of pay exclusive of premiums subject to (i), (ii) and (iii) above.

19.05 Workers' Compensation

a) Where an employee is absent due to illness or injury, which is compensative

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by Workers' Compensation, the following shall apply:

i) The Employer shall continue to pay his share of any and all health and welfare benefits for the month in which the absence commences and for the following one (1) month;

ii) Subsequent to the period referred to in (a) above, benefit coverage may be continued by the employee, provided the employee pays the total cost of the premium to the Employer for each monthly period during the absence;

iii) The employee will not be eligible for paid holidays, sick leave, uniforms or any other benefits of this Agreement, except where specified otherwise, during any absence covered by W.S.I.B;

iv) Provided that the employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on W.S.I.B shall be considered as time worked for the purpose of calculating the current year's vacation entitlement under the terms of this Agreement.

b) _ The injured employee shall have a period of thirty (30) months from the date of the injury within which they shall preserve the seniority which they had accrued up to the time of the accident and within such time they shall have the right to return to work upon recommendation of the Workers' Compensation Board or the attending physician, which shall indicate to the Employer that the employee has the physical capability to perform their normal job.

c) If an employee returns to work within the thirty (30) month period mentioned in (b) above, they shall be returned to their former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued to the date of injury. (This would be affected by the returning employee displacing the employee with the least seniority in the category to which they are returning.)

d) If, on the recommendation of the W.S.I.B. or the attending physician, the employee is capable only of performing work of a different kind, or of a lighter nature, and such work is available within the employ of the Employer, in a job which is covered by this Agreement, then the returning employee may exercise their seniority by bumping into the job, at the applicable salary level, displacing the employee with the least seniority in the classification.

19.06 Educational Leave

a) The Employer may grant an education leave, without pay, to an employee for the purposes of education related to the Employer's work. The Employer shall endeavour, where possible, to arrange shifts of employees attending seminars or classes to permit such attendance. If prior approval of the

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Employer to take such courses has been obtained, (which approval shall not be unreasonably withheld), and if the employee is successful in passing the course, she will be reimbursed one-half (1/2) of the costs of such course by the Employer.

b) Further, the Employer will co-operate fully regarding flexible scheduling to allow employees to attend relevant job related courses without incurring undue financial hardship for either party.

19.07 Union Leave

a) The Employer shall grant unpaid leaves of absence to employees to attend Union conventions, seminars, education classes or other Union business. The Union agrees that such leave will not unduly affect the proper operations of the Employer.

b) In requesting such leave of absence, the Union will endeavour to give twenty-one (21) days clear notice and the written reply will be given within seven (7) days.

c) Full Time Union Leave

Upon application by the Union, in writing, the Employer will give reasonable consideration to a request for leave of absence, without pay, to an employee elected or appointed to full time Union office. It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time. Such leave, if granted, shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by written agreement of the parties.

d) Seniority and service shall accumulate during such leave, under the provisions of the Collective Agreement.

e) It will become the responsibility of the employee for full payment, one (1) month in advance of any applicable benefits in which the employee is participating during such leave of absence. It is agreed that for the purpose of WSIB coverage, such employees are deemed to be employed by the Union.

19.08 Public Office

An employee who is elected or appointed to a Federal, Provincial, Municipal or Regional Municipal office who is required to be absent from work because of their elected or appointed duties shall upon written application to the employer, be granted sufficient time on leave of absence to comply with their duties. Seniority and service shall continue consistent with the Collective Agreement.

It will become the responsibility of the employee for full payment of any applicable

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benefits in which the employee is participating during such leave of absence. Such payment shall be in advance of when the monthly premium is due.

19.09 Alcoholism and Drug Addiction

a) If either the Union or the Employer identifies an employee who has become addicted to alcohol or drugs, the parties agree to co-operate in assisting the employee to obtain treatment and rehabilitation. Where needed, the Employer will grant an unpaid leave of absence. Where this problem has been identified and a leave offered, the employee must agree to such leave. This leave will be extended where it is verified that the employee is actively participating in a rehabilitation program.

b) It is agreed that each case will be handled confidentially as in any other kind of illness. The employee in either case, will receive the same consideration and benefits as are provided to employees afflicted with any other illness. The Employer will reinstate upon receipt of a certificate from an attending physician that the employee is capable of resuming his/her employment and of performing his/her duties in a satisfactory manner, and has been alcohol and drug free.

ARTICLE 20- PAID HOLIDAYS:

20.01 a) The recognized paid holidays for full-time employees covered by this Agreement shall be:

New Year's Day Civic Holiday Christmas Day

Canada Day Victoria Day Thanksgiving Day

Good Friday Labour Day Boxing Day

plus three (3) float days to be taken by mutual consent.

b) Employees who have completed their probationary period will be eligible for holiday pay. An employee must work her full scheduled day immediately preceding such holiday, and her full scheduled day following such holiday.

c) An employee who is absent on any of the above named holidays, after being required to work, forfeits all pay for that day, unless the absence is due to an illness verified by a doctors certificate, if required by the Employer.

d) Full time employees will not be replaced with part time employees on a paid holiday unless the full time employee requests the paid holiday off.

e) Part-time employees will be paid holiday pay in accordance with the Employment Standards Act, 2000 qualifiers and payment mechanisms for all holidays listed above.

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f) Employees working less than sixty-six (66) hours bi-weekly, shall have their stat holiday pay and float day pro-rated.

20.02 a) When work is performed on a paid holiday by a full-time employee, the employee will receive one and one-half (1 1/2) the regular hourly rate for all hours worked, plus a day off with pay within thirty (30) days of the said holiday, or double time and one-half (2 1/2) day.

b) When work is performed on a paid holiday by part time employees they will be paid at one and one-half (1 1/2) times their normal rate of pay for all hours worked, plus they will be paid their holiday pay entitlement as determined by the pro-ration formula.

20.03 If an employee so requests, and it is convenient and agreeable to the Employer, they may be granted a day off in lieu with holiday pay.

20.04 Where an employee is required to work authorized overtime in excess of his regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two and one-half (2 1/2) times his regular straight time hourly rate for such additional authorized overtime.

20.05 If any of the above-named holidays occurs on an employee's regular day off or during his vacation period, the employee will receive an additional day off or payment for holiday in lieu thereof, but the additional day shall not be added to the period of vacation of the employee unless with the consent of the Employer.

20.06 Float Holidays shall be taken by the end of the first pay period of December of each year.

20.07 Employees with one (1) year or more service shall be granted every other Christmas Day off. Christmas Day shall be defined as comprising of the three (3) shifts beginning with the first shift starting at or about 11 :00 p.m. on December 24th.

ARTICLE 21- VACATIONS:

21.01 Vacations are not cumulative from year to year and all vacations must be taken by no later than one month prior to the next vacation cut-off date or the vacation dollar amount accumulated will be scheduled off. Employees shall not waive vacations and draw double time.

Employees must take vacation in the year in which they accrue. If an Employee has not taken vacation by April 30th, the Employer will schedule them off.

21.02 The periods at which employees shall take vacations will be based on the

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selection by the employee according to seniority. Selection of vacations will be done by mutual consent and with due regard to the operation.

21.03 Employees who have less than one (1) year's service as of June 30th of any given year will receive vacation pay in the amount of four percent (4%) of their total earnings accrued up to and including June 30th of any given year.

21.04 Full time-employees with one (1) year of service but less than three (3) years' of service as of June 30th of any given year, will be granted two (2) weeks' vacation, with pay, at four percent (4%) of their total earnings inclusive of all overtime.

21.05 Full time employees with three (3) years' of service but less than eight (8) years' of service as of June 30th in any given year, will be granted three (3) weeks' vacation, with pay, at six percent (6%) of their total earnings inclusive of all overtime.

21.06 Full time employees with eight (8) years' as of June 30th in any given year will be granted four (4) weeks' vacation, with pay, at eight percent (8%) of their total earnings inclusive of all overtime.

21.07 Full-time employees with fifteen (15} years as of June 30, 2003 and any employee who achieves fifteen (15) years as of June 301

h in any given year thereafter shall be granted five (5) weeks vacation with pay at ten per cent (10%) of their total earnings inclusive of all overtime.

21.08 Employees with twenty-three (23) years as of June 30 of any given year, shall be granted six (6) weeks vacation at twelve percent (12%) of their total earnings inclusive of overtime.

21.09 Payment of vacation pay on termination of employment will be in the amount the employee is entitled to receive in accordance with the foregoing.

21.10 Vacation pay accumulation will be shown on the employees pay stub. Employees who are taking a minimum of one (1) week vacation at one time will receive their vacation pay on a separate cheque on the regular payday in advance of their scheduled vacation upon request. All normal deductions made from an employee's pay will be made from the vacation pay. Vacation pay will be issued in accordance with the scheduled vacation time if less than one (1) week is taken.

21.11 In the case where an employee's eligibility date for vacation is on or after July 1st of the vacation year but before June 30th of the following year, the additional week of vacation will be granted after the qualifying years' of service have been completed. However, the Employer may schedule the additional week of vacation with pay in advance of the qualifying date. Vacation pay paid in advance of qualification shall be deducted from the final pay if employment is terminated prior to the date of qualification.

21.12 An employee who is absent due to serious illness or injury prior to receiving his

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scheduled vacation, shall be entitled to take his vacation with pay, or the part thereof, which has been displaced, at another time by mutual consent.

21.13 No vacation may be taken between December 15th and January 1st, except by mutual consent between the Employer and the employee.

21.14 It is agreed the Employer will grant single vacation days to the employees and the Union agrees that such granting of days is at the discretion of the Employer and shall not unduly affect the proper operation of the Home.

21.15 Part time employees will receive vacation according to the hours worked and paid:

0 hours to less than one (1) year 1800 hours- 4% total gross earnings

1800 hours/or one (1) year to less than 5400 hours- 2 weeks- 4% total gross earnings

5400 hours to less than 10,800 hours- 3 weeks- 6% total gross earnings

10,800 hours paid to less than 28,800-4 weeks- 8% total gross earnings.

28,800 hours to 41,400 -five (5) weeks at 10% total gross earnings

41,400 hours-six weeks at 12% total gross earnings.

It is the responsibility of the employee to ensure that they take a minimum off for vacation.

ARTICLE 22 - HEALTH AND WELFARE:

Change of Carriers

The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Benefit Plan Booklet, it is clearly understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargained for.

Any problems with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier.

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22.01 The Employer agrees to pay one hundred percent (100%) of the costs of premiums for the following employees who have completed the probationary period of three hundred and seventy-five (375) hours.

i) Life Insurance - $25,000

ii) A.D. & D. - $25,000

iii) Semi private accommodation- a cap of $2500.00 per person per year.

iv) Manulife Major Medical plans covering generic drugs unless doctor specifies otherwise.

v) Vision Care- $160.00/24 months. The Employer shall pay up to $75.00 for employees only for an eye examination every 2 calendar years. Employees must submit their receipt to the Employer for reimbursement.

22.02 Dental

The Employer agrees to pay fifty percent (50%) of the cost of the Blue Cross Dental Plan #7; O.D.A. schedule fee will be a two (2) year lag in the current contract year for employees who have completed the probationary period of three hundred and seventy-five (375) hours.

22.03 Sick Days

Sick days will accrue based on 7.5 hours for every one hundred and fifty hours (150) worked to a maximum of twelve (12) days per year. The Union acknowledges that the Employer has the right to request a sick note from a physician for all illnesses prior to payment for sick time. Seniority will accrue while on sick leave. A minimum of two (2) hours notice if possible shall be given by all employees when calling in sick for a scheduled shift to the Charge Nurse or their immediate supervisor, but not to any message centres.

The unused sick days shall be paid out at (1/2) one half in January of each year.

22.04 Any cost incurred by an employee in obtaining a medical certificate required by the Employer or legislation shall be paid for by the Employer.

22.05 If the Employer requires a sick leave certificate in accordance with past practice or the collective agreement and the Doctor charges the employee for such certificate, outside OHIP, the Employer will pay for such certificate.

In the alternative, if an employee's absenteeism rate is greater than 10% of the facility average than the Employer may require the employee to attend an independent physician other than the employee's own physician to provide a sick leave certificate. In such circumstances the Employer shall pay for any medical

32

fees charged beyond OHIP in relation thereto.

22.06 Employee Pro-ration Formula

Benefits will be pro-rated for employees scheduled for less than sixty-six (66) hours per pay period. Students and employees scheduled for less than fifteen (15) hours per pay period will not be eligible for benefits.

22.07 The employee share of the Employer's unemployment insurance premium reduction will be retained by the Employer towards offsetting the cost of the benefits contained in this Agreement.

22.08 Benefits After Sixty-five (65)

Employees who continue to be employed past age sixty-five (65) shall be eligible for the following benefits under the same cost sharing basis as active employees:

-Reduce Life Insurance by 50% -Extended Health -Vision Care -Dental -Hearing -Prorata Formula

In any event, once an Employee reaches age seventy (70) and she continues to be employed, she shall automatically receive "in lieu", if applicable, plus the sick leave accrual application to part time Employees.

ARTICLE 23 - PENSION PLAN:

24.01 Pension Plan

1. In this Article, the terms used shall have the meanings as described:

.01 "Plan" means the Nursing Homes and Related Industries Pension Plan, being a multi-employer plan.

"Applicable Wages" means the basic straight time wages for all hours worked, including:

i) the straight time component of hours worked on a holiday;

ii) holiday pay, for the hours not worked; and

iii) vacation pay.

All other payments, premiums, allowances etc. are excluded.

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"Eligible employee" means full time and part time employees in the bargaining unit who have completed four hundred and fifty (450) hours of service .

. 02 Each eligible employees covered by this collective agreement shall contribute from each pay period an amount equal to four percent (4%) of applicable wages to the Plan. The Employer shall match such contributions, the amount being four percent (4%) of applicable wages .

. 03 The employee and Employer contributions shall be paid to the Plan within thirty (30) days after the end of the calendar month in which the pay period ends for which the contributions are attributable .

. 04 The Union acknowledges and agrees that other than making its contributions to the Plan as set out in this article, the Employer shall not be obligated to contribute towards the cost of benefits provided by the Plan, or be responsible for providing any such benefits.

The Union and Employer acknowledge and agree that under current pension legislation, and/or regulations, the Employer has no requirement to fund any deficit in the Plan, but is required to contribute only that amount as required by the collective agreement in force between the parties.

It is understood and agreed by the Employer and the Union that should the current pension legislation or regulations be changed so that the Employer's obligation to contribute to the Plan exceeds the amount specified in the collective agreement then in force, the parties will meet directly to finalize methods to relieve the employer of this increased obligation to the extent that any such obligations exceeds that which the employer would have if the Plan were a defined contribution plan .

. 05 The Employer agrees to provide to the Administrator of the Plan, on a timely basis all information required pursuant to the Pension Benefits Act, R.S.O. 1990, CH P8, as amended, which the Administrator may reasonably require in order to properly record and process pension contributions and pension benefits.

The information required to be provided by the Employer may be provided in the form normally maintained by the Employer, whether on computer disc, manual records, or otherwise. In the event such information is not readily available without review of other information not relevant to the Plan, the Plan shall make arrangements with the Employer for access to the required information at reasonable cost to the Plan. If the Administrator and Employer are unable to agree on the form of such access, a mutually acceptable third party, such as a firm of accountants and auditors, shall be retained at the expense of the Plan to obtain such information from the Employer's files.

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Such information shall be provided only on enrolment of an employee or with the monthly remittances.

Any additional information requests beyond that noted above may be provided, if possible, by the Employer, it being understood that any additional costs of such request shall be borne by the Plan.

For further specificity, the items required for each eligible employee by article .05 of the agreement are:

i) To Be Provided Once Only at Plan Commencement

Date of Hire Date of Birth Date of first Remittance Seniority List (for the purposes of calculations past service credit)

ii) To Be Provided with each Remittance

Name Social Insurance Number Monthly Remittance Pensionable Earnings

iii) To be Provided Once, and if Status Changes

Address as provided to the Home Termination date when applicable

iv) To Be Provided Once if they are Readily Available

Gender Marital Status

ARTICLE 24 - HEALTH AND SAFETY:

24.01 The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Home, in order to prevent injury and illness, and abide by the Occupational Health and Safety Act as amended from time to time.

24.02 A joint Management and Employees' Health and Safety Committee shall be constituted with representation of at least half by employees from the various Bargaining Units and of employees who are not represented by Unions and who do not exercise managerial functions, which shall identify potential dangers, recommend means of improving the health and safety programs and obtaining information from the Employer or other persons respecting the identification of

35

hazards and standards elsewhere. The Committee shall normally meet every three (3) months. Scheduled time spent in such meetings is to be considered time worked. Minutes shall be taken of all meetings and copies shall be sent to the Employer and the Union.

24.03 Two (2) Representatives of the Joint Health and Safety Committee, one (1) from Management and one ( 1) from the employees designated by the employees, shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection. In the event of accident or injury, such Representatives shall be notified immediately and shall investigate and report as soon as possible to the Committee and to the Employer on the nature and causes of the accident or injury. Furthermore, such Representatives must be notified of the inspection of a government inspector and shall have the right to accompany him on his inspections. Scheduled time spent in all such activities shall be considered as time worked.

24.04 The Joint Health and Safety Committee and the Representatives thereof shall have reasonable access to the annual summary of data from the Workers' Compensation Board relating to the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the incidence of occupational injuries, and such other data, as the Workers' Compensation Board may decide to disclose.

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

Violence

a) The parties agree that violence shall be defined as any incident in which an Employee is abused, threatened or assaulted while performing his or her work. The parties agree it includes the application of force, threats with or without weapons and sever verbal abuse. The parties agree that such incidents will not be condoned. Any Employee who believes he/she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. For purposes of sub­article (a) only, Employees as referred to herein shall mean all Employees of the Employer.

b) The Employer agrees to develop formalized policies and procedures in consultation with the Joint Health and Safety Committee to deal with workplace violence. The policy will address the prevention of violence and the management of violent situations and support to Employees who have faced workplace violence. These policies and procedures shall be communicated to all Employees.

c) The Employer will report all incidents of violence as defined herein to the Joint Health and Safety Committee for review.

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d) The Employer agrees to provide training and information on the prevention of violence to all Employees who come into contact with potentially aggressive persons. This training will be done during a new Employee's orientation and updated as required.

e) Subject to appropriate legislation, and with the Employee's consent, the Employer will inform the Union within three (3) days of any Employee who has been subjected to violence while performing his/her work. Such information shall be submitted in writing to the Union as soon as practicable.

24.06 Day of Mourning

Each year on April 28 at 11:00 a.m., one minute of silence shall be observed in memory or workers killed or injured on the job.

24.07 Respectful Workplace

The Employer and the Union are committed to providing a positive environment for staff. All individuals have the right to be treated with respect and dignity.

Each individual has the right to work in an atmosphere which promotes respectful interactions and is free from discrimination, harassment and aggression.

Where a bargaining unit member complains of harassment by another bargaining unit member, she shall bring such complaint to the attention of the Employer and the Union. The Employer and the Union will then initiate a complete and joint investigation of the complaint and report the findings back to the complainant who shall be accompanied by a Steward. If the complaint directly or indirectly involves the complainant's supervisor or a Steward she may contact an alternate person in management or the Union to ensure that the complaint is handled in a discreet, confidential and timely fashion.

Should the complainant not be satisfied with the response she is entitled to file a grievance under the terms of this Collective Agreement.

ARTICLE 25 - UNIFORM ALLOWANCE

25.01 Effective after probation, employees shall be paid a uniform allowance of 7 seven ($0.07) cents per hour for each hour worked. Such allowance shall be paid annually in January each year.

ARTICLE 26- RENEWAL, AMENDMENT AND TERMINATION:

26.01 This Agreement shall be effective from April 1 2016 and shall continue in effect until March 31 2019 and shall continue automatically thereafter during annual periods of one (1) year each, unless either party notifies the other in writing,

37

within ninety (90) days prior to the expiration date, that it desires to amend or terminate this Agreement.

26.02 In the event of such notification being given as to amendment of this Agreement, negotiations between the parties shall begin within fifteen (15) days following such notification or a time mutually agreed to by the parties. In any event, either of the parties wishing to amend the Agreement must submit to the other party their proposed amendments within ten {10) days prior to the first meeting so that the other party may have the opportunity to prepare necessary information to discuss such amendments.

26.03 If, pursuant to such negotiations, an agreement in the renewal or amendment of this Agreement shall automatically be extended until consummation of a new Agreement, or completion of the proceedings prescribed under the Labour Relations Act, of the Province of Ontario, as amended, whichever should first occur.

DATED AND SIGNED THIS r17fh DAY OF (Jc,Jtl be r 2016.

FOR THE UNION FOR THE EMPLOYER

()\aJMAa!JMai;tQ;; ~VM-.WYJ\A

KH:al

38

LETTERS OF UNDERSTANDING

BETWEEN

ROSEWOOD RETIREMENT CENTRE

AND

SERVICE EMPLOYEES UNION, LOCAL 1 CANADA

RE: MEALS

Employees who wish to purchase meals shall pay to the Office Manager the following monthly amounts- fifteen dollars ($15) for Full-time Employees and ten ($10) for Part-time Employees.

The Employer will provide liquid refreshments for the Employees.

DATED AND SIGNED THIS d )Y h DAY OF ()c:\·-o,b-o-1' 2016.

FOR THE UNION FOR THE EMPLOYER

39

LETTERS OF UNDERSTANDING

BETWEEN

ROSEWOOD RETIREMENT CENTRE

AND

SERVICE EMPLOYEES UNION, LOCAL 1 CANADA

RE: DRESS CODE

It is agreed that the facility has the right to establish a dress code for the facility. Once the dress code has been established Departmental Supervisors will monitor compliance with the code.

Departmental Supervisors are the only persons who have authority to send staff home for improper dress. The General Manager will ensure that enforcement of the code is uniform throughout departments.

DATED and SIGNED this d-'..:1.'\_..:'r- day of Oc }ob-QA(" 2016. .

FOR THE UNION FOR THE EMPLOYER

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tr .t:?i/1'7 "'1/

:k\~W\1\

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WAGE RATES

SCHEDULE "A"

RN'S Start 375 Hours 1800 Hours 3600 Hours 5400 Hours

Expired 25.18 25.46 25.67 26.17 26.69 April1 2016 25.68 25.97 26.18 26.69 27.22 April1 2017 26.20 26.49 26.71 27.23 27.77 April1 2018 26.72 27.02 27.24 27.77 28.32

RPN'S Start 375 Hours 1800 Hours 3600 Hours 5400 Hours

Expired 21.79 22.05 22.22 23.54 24.07 April1 2016 22.23 22.49 22.66 24.01 24.55 April1 2017 22.67 22.94. 23.11 24.49. . - 25.04 . April1 2018 23.12 23.40 23.57 24.98 25.54

PSW/HCA Start 375 Hours 1800 Hours 3600 Hours 5400 Hours

Expired 14.56 14.83 14.93 16.46 17.20 April1 2016 14.85 15.13 15.23 16.79 17.54 April1 2017 15.15 15.43 15.53 17.13 17.89 April1 2018 15.45 15.74 15.84 17.47 18.25

No PSW/HCA Start 375 Hours 1800 Hours 3600 Hours 5400 Hours Certificate

Expired 14.01 14.29 14.4 15.93 16.67 April1 2016 14.29 14.58 14.69 16.25 17.00 April1 2017 14.58 14.87 14.98 16.57 17.34 April1 2018 14.87 15.16 15.28 16.91 17.69

Cook Start 375 Hours 1800 Hours 3600 Hours 5400 Hours

Expired 15.82 16.11 16.24 16.66 17.22 April1 2016 16.14 16.43 16.56 16.99 17.56 April1 2017 16.46 16.76 16.89 17.33 17.91 April1 2018 16.79 17.10 17.23 17.68 18.27

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Breakfast Cook Start 375 Hours 1800 Hours 3600 Hours 5400 Hours

Expired 14.29 14.56 14.75 15.26 15.79 April1 2016 14.58 14.85 15.05 15.57 16.11 April1 2017 14.87 15.15 15.35 15.88 16.43 April1 2018 15.17 15.45 15.66 16.20 16.76

Dietary Aide Start 375 Hours 1800 Hours 3600 Hours 5400 Hours

Expired 13.69 13.96 14.08 14.58 15.15 April1 2016 13.96 14.24 14.36 14.87 15.45 April1 2017 14.24 14.52 14.65 15.17 15.76 April1 2018 14.52 14.81 14.94 15.47 16.08

Acticity Start 375 Hours 1800 Hours 3600 Hours 5400 Hours Director

... Expired ---· ~ -· 17.8.0. - . 18.11. 18.11 18.1.1 ..... 18.11 April1 2016 18.16 18.47 18.47 18.47 18.47 April1 2017 18.52 18.84 18.84 18.84 18.84 April1 2018 18.89 19.22 19.22 19.22 19.22

Janitor Start 375 Hours 1800 Hours 3600 Hours 5400 Hours

Expired 14.41 14.68 14.80 16.30 16.96 April1 2016 14.70 14.97 15.10 16.63 17.30 April1 2017 14.99 15.27 15.40 16.96 17.65 April1 2018 15.29 15.58 15.71 17.30 18.00

Receptionist Start 375 Hours 1800 Hours 3600 Hours 5400 Hours

Expired 13.69 13.96 14.08 14.58 15.15 April1 2016 13.96 14.24 14.36 14.87 15.45 April1 2017 14.24 14.52 14.65 15.17 15.76 April1 2018 14.52 14.81 14.94 15.47 16.08

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Notes to Schedule A:

1. The Lead Hand R.P.N. shall be paid a $2.50 per hour premium above her regular rate of pay, for all hours worked.

2. Cooks with papers will be paid $0.05 cents more than the Cook rate.

3. The Housekeeping Lead Hand shall be paid a $0.60 cents per hour premium above his regular rate of pay, for all hours worked. Normally the hours of the housekeeping lead hand shall be Monday to Friday.

4. Recent and Related Experience RN/RPN only.

The Employer will recognize recent related experience on the basis on one (1) annual increment for each one year of experience up to the maximum of the grid. Part time experience shall be recognized on the basis of 1800 hours paid in previous employment equals one year of service. It shall be the responsibility of a newly hired employe~_ to tJrovide re.asonable proof of recent and related experience in order to be considered for a salary increment, and if she fails to do so, she will not be entitled to the recognition.

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LETTER OF UNDERSTANDING

BETWEEN

THE ROSEWOOD RETIREMENT CENTRE

AND

SERVICE EMPLOYEE'S INTERNATIONAL UNION, LOCAL 1 CANADA

RE: RED SEAL CERTIFICATION

The Parties agree that employee's in the Cook Classification as per Schedule A of the Collective Agreement, who have obtained their Red Seal Certification shall receive an additional one dollar and fifty cents ($1.50) per hour.

This Letter of Understanding does not constitute a mandatory certification of Red Seal within the Cook Classification department nor does it preclude any staff, from applying for a position within the department who do not have this specific certification.

This Letter of Understanding was agreed upon by both parties to recognize and reward staff members who have, or obtain in the future, Red Seal certification.

Dated and Signed this

For the Union: For the Employer:

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~v Pcw•YWv I

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