COLLECTIVE AGREEMENT

between

THE PROMENADE SENIORS SUITES AND RETIREMENT RESIDENCE ("the Employer")

and

THE LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA L.I.U.N.A. LOCAL 3000

("the Union")

Expires October 22nd, 2022

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ARTICLE 1 ARTICLE2 ARTICLE3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE? ARTICLES ARTICLE9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE20 ARTICLE21 ARTICLE22 ARTICLE23 ARTICLE24 ARTICLE25 ARTICLE 26

TABLE OF CONTENTS

PURPOSE RECOGNITION DEFINITIONS NO DISCRIMINATION NO STRIKE, NO LOCK OUT UNION SECURITY UNION REPRESENTATION GRIEVANCE PROCEDURES ARBITRATION MANAGEMENT RIGHTS PROFESSIONAL RESPONSIBILITY ACCESS TO FILES SENIORITY JOB POSTINGS LAY-OFF AND RECALL JOB SECURITY LEA VE OF ABSENCE HOURS OF WORK & SCHEDULING OVERTIME/PREMIUM PAY PAID HOLIDAYS VACATION SICK LEAVE HEALTH & WELFARE BENEFITS UNIFORMS WAGES TERMINATION AND RENEWAL EMPLOYEE WAGE GRID

PAGE

3 3 3 3 4 4 5 8 10 11 12 13 13 16 17 19 19 24 27 28 29 32 33 34 34 35 37

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ARTICLE 1 - PURPOSE

1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and the Employees covered by this Agreement; to provide for on-going means of communication between the Union and the Employer and the prompt disposition of grievances and the final settlement of disputes to establish and maintain mutually satisfactory salaries, hours of work and other conditions of employment in accordance with the provisions of this Agreement.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Labourers' International Union of North America (LiUNA) Local 3000 as the exclusive bargaining agent of all its employees at The Promenade Senior Suites and Retirement Residence at 110 Rossignol Crescent, Ottawa, Ontario save and except supervisors and those above the rank of supervisor.

ARTICLE 3 - DEFINITIONS

3.01 A "full-time Employee" is an employee who is regularly scheduled to work sixty (60) hours or more bi-weekly.

3.02 A "part-time Employee" is an employee who is regularly scheduled to work less than sixty (60) hours bi-weekly.

3.03 A "casual Employee" is an employee who has no scheduled hours and works on a relief basis and is called in when required.

3.04 "Private Duty Care" shall be defined as a shift which only operates at the discretion of the Employer as and when needed. Private Duty Care shifts shall be staffed with health care aides, activity aids or PS W's at the discretion of the Employer.

3.06 The term "probationary employee" when used in this Agreement shall mean an employee who has not acquired seniority as provided for in this Agreement.

ARTICLE 4 - NO DISCRIMINATION

4.01 The Employer and the Union agree that there will be no discrimination, interference, intimidation, restriction or coercion exercised or practiced by any of their representatives with respect to any employee because of her membership or non-membership in the Union or activity or lack of activity on behalf of the Union or be reason of exercising her rights under the Collective Agreement.

4.02 The parties agree to abide by the Ontario Human Rights Code as amended from time to time. There shall be no discrimination within the meaning of the Ontario Human Rights Code against any employee by the Union or the Employer by reason of race, creed, colour, age, sex, marital status, nationality, ancestry or place of origin, sexual orientation, political affiliation or activity, place of residence or handicap.

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ARTICLE 5 - NO STRIKE, NO LOCKOUT

5.01 In recognition of the provisions and procedures as established by the Hospital Labour Disputes Arbitration Act, as amended from time to time, and in view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that neither the Union nor any of its officers, nor any employee shall take part in, call or encourage a strike, sit down, slow down, or suspension of work, nor shall the Employer engage in any lockout of the employees. The word "strike" and "lock-out" as used herein are agreed to have the meanings defined for these words in the Ontario Labour Relations Act, as amended from time to time.

ARTICLE 6 - UNION SECURITY

6.01 Deductions

The Employer shall deduct Union dues on a per pay-period basis, from the total earnings of each employee covered by this Agreement. The amount of dues, deducted 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 deduction specified.

6.02 Remittance

All dues shall be remitted to the Union forthwith and in any event no later than fifteen (15) days following the last day of the month in which the remittance was deducted. The amounts deducted under this Article shall be remitted to the Union's Provincial Office.

6.03 Indemnification

In consideration of the deducting and forwarding of 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.

6.04 Bulletin Board

The Employer shall provide a bulletin board for the Union to post notices.

6.05 Employee Lists

The amounts deducted under this Article shall be remitted to the Union's Provincial Office. In remitting such dues, the Employer shall provide a list of employees from whom deductions were made, including their current address, telephone numbers and social insurance numbers, any new hires, terminations, lay-offs and recalls within the bargaining unit.

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6.06 New Employees

The Employer agrees that an officer of the Union or a union representative shall be allowed a reasonable period not to exceed fifteen (15) minutes during regular working hours to interview newly employed bargaining unit employees during the orientation period During such interviews, membership forms may be provided to employees These interviews shall be scheduled in advance by the Union with the Employer's consent and may be arranged collectively or individually.

6.07 Copies of Collective Agreement

A copy of this Collective Agreement shall be issued by the Union to each bargaining unit employee in the employ of the Employer and to each employee employed during the term of this Agreement and thereafter. The Employer and Union agree to share the cost of copying and printing the agreement equally.

6.08 Employer Policies

The Employer will review Human Resources policies at the Labour Management meeting prior to implementation.

6.09 Union Activity

The Union may hold meetings on Employer premises providing permission has been first obtained from the Employer.

The Union agrees that, except as provided for in this Agreement, there will be no union activity on the premises of the Employer during the employees' working hours except by agreement with the Employer.

ARTICLE 7- UNION REPRESENTATION

7.01 Union Representatives

(a) The Employer agrees to recognize four (4) Union Stewards, selected by the membership, or appointed by the Union, to deal with complaint or grievances as set out in the Collective Agreement, without loss of salary or seniority. A representative of the Local Union may be present at any meeting with the Employer or their designate.

Union Representatives

(b) It is agreed that union stewards/representatives have their regular duties and responsibilities to perform for the Employer and shall not leave their regular duties without first obtaining permission from their immediate supervisor. Such permission shall not be unreasonably withheld. If, in the performance of their

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duties a union steward/representative is required to enter an area of the Employer's premises in which she is not ordinarily employed she shall, immediately upon entering such area, report her presence to the supervisor or person in charge, as the case may be. When resuming their regular duties and responsibilities, such stewards/representative shall again report to their immediate supervisor. The Employer agrees to pay for all time spent during their regular hours by such stewards hereunder.

A union steward/representative shall suffer no loss of earnings for time spent during his/her regular scheduled working hours in attending grievance meetings with the Employer up to but not including arbitration.

7.02 Labour - Management Committee

(a) There shall be a Labour-Management Committee consisting of two (2) employees appointed or elected by the Union and the Local Business Agent or her designee and two (2) Employer representatives.

(b) The Committee shall meet every four ( 4) months unless otherwise agreed. The duties of chairperson and secretary shall alternate between the parties. Where possible, agenda items will be exchanged in writing at least seven (7) calendar days prior to the meeting. A record shall be maintained of matters referred to the committee and the recommended disposition, if any, unless agreed to the contrary. Copies of the record shall be provided to Committee members.

(c) The purpose of the Committee includes:

i) promoting and providing effective and meaningful communication of information and ideas; making joint recommendations on matters of concern including the quality and quantity of care and methods of achieving same;

ii) dealing with complaints referred to it regarding issues of Professional Responsibility;

iii) discussing and reviewing matters relating to orientation and in­service programs;

(d) Any representatives attending such meetings shall be paid at their regularly scheduled straight time rate of pay while attending such meetings.

7.03 Negotiating Committee

(a) The Employer agrees to recognize a Negotiating Committee comprised of three (3) representatives elected or appointed from the membership for the purpose of meeting with the Employer to negotiate renewal agreements.

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(b) A Committee member shall suffer no loss of earnings for time spent during his/her regular scheduled working hours in attending collective agreement negotiation meetings with the Employer up to but not including arbitration. A Committee member shall not be paid for time attending collective agreement negotiation meetings outside his/her regular scheduled working hours.

(c) The Employer shall grant a leave of absence to allow Negotiating Committee members to attend arbitration hearings. For any leave of absence under this provision, the employee's pay and benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer in the amount of the full cost of such pay and benefits.

7 .04 Health and Safety Committee

(a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in order to prevent accidents, injury and illness.

(b) The Employer, the employees and the Union agree to abide by the provisions of the Occupational Health and Safety Act of Ontario, and its regulations as amended from time to time.

( c) Recognizing its responsibilities under the applicable legislation, the Employer agrees to accept as a member of its Health and Safety Committee at least two (2) representative selected or appointed by the Union from amongst bargaining unit employees.

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

(e) Meetings shall be held every third month or more frequently at the call of the Chair, if required. The Committee shall maintain minutes of all meetings and make the same available for review.

(f) The Union agrees to endeavour to obtain the full cooperation of the employees in the observation of all safety rules and procedures.

(g) The Employer accepts that a representative of the bargaining unit members on the Health and Safety Committee will be trained as a certified worker under the Occupational Health and Safety Act. Any cost associated with the training of a certified worker will be paid by the Employer, or as may be prescribed pursuant to the Occupational Health and Safety Act.

(h) Where as a condition of employment, the Employer requires its employees to receive immunization wherein they may be exposed to infections or communicable

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diseases, such immunizations shall be provided by the Employer at no cost to the employee.

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 Definition of Grievance

For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, an employee is entitled to be represented by her union representative. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.

8.03 An earnest effort shall be made to settle any complaints fairly and promptly in the following manner:

Step #1 - Complaint Stage

The employee shall first discuss any complaint with her immediate supervisor before filing a written grievance. Such complaint shall be discussed with her immediate supervisor within ten (10) calendar days after the circumstances giving rise to it have occurred, or ought reasonably to have come to the attention of the employee. If after registering the complaint with the immediate supervisor such complaint is not settled within five (5) days, then the following steps of the grievance procedure may be invoked within the next ten (10) calendar days.

Step No. 2 - Formal Written Grievance to Immediate Supervisor

The Union may submit a written grievance on behalf of the employee, signed by the employee, to her immediate supervisor. The grievance shall be in writing and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver her decision in writing within ten (10) calendar days following the day on which the grievance was presented to her.

Step No. 3-General Manager

Within ten (10) calendar days following the decision in Step No. 2, the grievance may be submitted in writing to the General Manager or her designate. A meeting will then be held between the General Manager or designate and a Grievance Committee representative within ten (10) calendar days of submission of the grievance at Step No. 3. It is understood and agreed that a representative of the Labourers' International Union of North America (LIUNA) Local 3000 and the grievor may be present at the meeting. The decision of the

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Employer shall be delivered in writing within ten (10) calendar days following the date of such meeting.

8.04 Union I Employer Grievances

A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within ten (10) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Local Business Agent or her designate within ten (10) calendar days following the circumstances giving rise to the complaint or grievance.

8.05 Group Grievance

Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing to management within ten (10) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 3 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.

8.06 Discharge I Discipline Grievances

A claim by an employee who has completed her probationary period that she has been unjustly discharged or disciplined shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Employer at Step No. 3 within ten (10) calendar days after the date the discharge or suspension is affected.

The Employer agrees to provide written reasons within ten (10) calendar days to the affected employee in the case of discharge and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her probationary period, without just cause.

8.07 Agreements Binding

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

8.08 The Employer agrees to give representatives of the Union access to the premises of the Employer for the purpose of attending grievance meetings or otherwise assisting in the administration of this Agreement, provided prior arrangements are made with management. Such representatives shall have access to the premises only with the approval of management which will not be unreasonably withheld.

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ARTICLE 9 - ARBITRATION

9.01 Referral to Arbitration

Failing settlement under the Grievance Procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned.

9.02 Sole Arbitrator

When either party requests that a grievance be submitted to arbitration, the request shall be made in writing to the other party indicating three (3) acceptable Arbitrators. If none of the proposed Arbitrators are acceptable to the other party, other Arbitrators may be proposed by either party. If an acceptable Arbitrator is not agreed upon within ten (10) days, the parties may either submit more proposed Arbitrators or request the Ministry of Labour to appoint an Arbitrator.

9.03 Restriction on Arbitrator

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

9 .04 Jurisdiction of Arbitrator

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

9.05 Powers of the Arbitrator

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

9 .06 Decision of the Arbitrator

The decision of the Arbitrator will be final and binding upon the parties hereto and the employee or employees concerned.

9.07 Payment for Arbitrator

Each of the parties hereto share equally the fees and expenses, if any, of the Arbitrator.

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9.08 Arbitration Board

The parties may mutually agree in writing to substitute a single Arbitrator with an Arbitration Board at the time of reference to arbitration and the other provisions this Article referring to the Arbitrator shall apply. The parties will bear the expense of their respective nominees on an Arbitration Board.

ARTICLE 10 - MANAGEMENT RIGHTS

10.01 The Union acknowledges that it is the exclusive right and function of the Employer to manage and direct its operations and affairs in all respects and, without limiting or restricting this right and function:

(a) to determine and establish standards and procedures for the care, welfare, safety and comfort of the residents of the Employer;

(b) to maintain order, discipline, efficiency and in connection therewith to establish and enforce reasonable rules regulations, policies and practices from time to time to be observed by the employees provided that the rules, regulations, policies and practices shall not be inconsistent with the provisions of this Agreement;

(c) to hire, transfer, lay-off, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees who have completed their probationary period for just cause, provided that a claim of discriminatory transfer, promotion, demotion or classification or a claim that an employee who has completed her probationary period has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. The discharge of a probationary employee shall be solely in the discretion of the Employer provided such discharge is not otherwise arbitrary, discriminatory or in bad faith;

( d) to have the right to plan, direct and control the work of the employees and the operations of the Employer. This includes the right to introduce new and improved methods, facilities, equipment, and to control the amount of supervision necessary, the planning or splitting up of departments, work schedules, and the increase or reduction of personnel in a particular area or overall; and,

( e) to exercise the regular and customary management functions of an Employer except those rights, powers, functions or authorities which are specifically abridged or modified by this Agreement.

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ARTICLE 11 - PROFESSIONAL RESPONSIBILITY

11.01 Orientation and In-Service Program

The Employer recognizes the need for an Employer Orientation Program for newly hired employees, and will endeavour to provide orientation shifts of such duration as it may deem appropriate taking into consideration the needs of the Employer and the employee involved.

11.02 Employees recalled from layoff under Article 14.02 or returning from extended leaves of absence, employees whose probationary period has been extended under Article 12.01, and employees who are transferred on a permanent basis may be provided any orientation determined necessary by the Employer. A request by such an employee for orientation shall not be unreasonably denied.

11.03 The Employer shall post advance notice to ensure that all part-time and casual employees are made aware of available programs/in services.

The Employer will endeavour to have training/in-service sessions at multiple times at the facility to provide employees opportunity to attend. Associates attending such training/ih­service sessions outside of working hours shall be paid for all hours at their regular hourly rate of pay.

11.04 Both the Employer and the Union recognize their joint responsibility and commitment to provide, and participate in, in-service education. The Union supports the principle of its members' responsibility for their own professional development and the Employer shall endeavour to provide programs related to the requirements of the Employer. The Employer will endeavour to provide employees with opportunities to attend such program during their regularly scheduled working hours.

11.05 When an employee is required by the Employer to attend an in-service outside of her regularly scheduled working hours she shall be paid for all time spent in attendance at such in-service at her regular straight time hourly rate of pay and any approved expenses incurred if the in-service is outside of the facility. No payment shall result in overtime or premium pay.

11.06 Recent and Related Experience

Upon completion of probation, Registered Practical Nurses may be given credit for proven recent and related nursing experience at the discretion of the Employer. Nurses will only receive payment for experience on the payroll following submission of their proof of experience, and if the Employer in its sole discretion decides to recognize that prior experience.

For each year of full time experience 1 level on the grid to the maximum; part time experience is 2 years= 1 level on the grid to the maximum.

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ARTICLE 12 - ACCESS TO FILES

12.01 Evaluations

A copy of any completed evaluation which is to be placed in an employee's file shall be reviewed with the employee. The employee shall have the opportunity to initial such evaluation as having been read and shall have the opportunity to add her views to such evaluation prior to it being placed in her file. It is understood that such evaluations do not constitute disciplinary action by the Employer against the employee.

12.02 Personnel Files

Employees will have the right to access and review all their personnel records in the presence of the General Manager or designate and employee representative upon receipt by the General Manager of a request to so review, five (5) calendar days before the review is required. An employee shall be able to obtain one copy of her personnel file at no charge; however, any additional copies shall cost ten cents ($0.10) per page.

12.03 Clearing the File

Any disciplinary letter of reprimand or other disciplinary sanction shall be removed from the employee's file after a period of twelve (12) months following the issuance of the discipline, provided that the employee's record has been discipline free in the twelve (12) month period. In the case of suspension the time period shall be eighteen (18) months.

In the case of incidents involving third parties (i.e. residents or residents' families), the any discipline will be removed from the employee's file after eighteen (18) months provided no similar disciplinary action is taken against the employee during the eighteen (18) month period.

ARTICLE 13 - SENIORITY

13.01 (a) Probationary Employees

Newly hired Employees shall be considered to be on probation for a period of four hundred and fifty (450) hours from date of hire, but no longer than six (6) months. An Employee retained after the probationary period shall be credited with seniority from date of last hire.

With the written consent of the Employer, the probationary employee and the Business Agent of the Local Union or her designate, the probationary period may be extended. It is understood and agreed that any extension to the probationary period will not exceed an additional thirty (30) days and, where requested, the Employer will advise the Employee and the Union of the basis of such extension.

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The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration, unless the termination is discriminatory, arbitrary or in bad faith.

(b) Definition of Seniority

Full-time employees will accumulate seniority on the basis of their continuous service in the bargaining unit from the last date of hire, except as otherwise provided herein. Seniority on such list will be expressed in terms of a date.

Part-Time and casual employees will accumulate seniority/service on the basis of one (1) year seniority for each seventeen hundred and fifty (1750) hours worked from date of last hire. Seniority on such list will be expressed in terms of total hours worked.

Seniority will operate on a bargaining unit wide basis.

It is understood that no employee will accrue more than one full-time year of seniority or service per full calendar year.

Upon completion of the probationary period the employee's name shall be added to the appropriate seniority list and shall reflect the number of hours paid from date of hire.

13.02 Seniority list

The Employer shall maintain a seniority list showing date of hire and each employee's seniority. An up-to-date seniority list shall be forwarded to the Union and posted on the Union bulletin board by January 15 and July 15 of each year. A challenge by an employee as to the accuracy of the seniority list shall not be accepted after thirty (30) days following the posting of the seniority list.

13.03 Full-time to Part-time to Casual

An Employee's seniority shall be retained by an Employee in the event that she is transferred from part-time to fill-time or vice versa or in the event she is transferred from casual to part-time or vice versa. An Employee whose status is changed from full-time to part-time shall receive credit for her seniority and service.

13.04 Seniority Retained and Accumulated

An Employee's seniority and service shall be retained and accumulated when an employee is absent from work in the following circumstances:

(a) while on approved leave of absence without pay for thirty (30) days or less;

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(b) while absent due to layoff for a period of twenty-four (24) calendar months;

(c) while in receipt of employer paid sick leave benefits;

( e) when in receipt of WSIB benefits or equivalent, as a result of injury or illness for a period of twenty-four (24) months; provided that such cessation of seniority is not in violation of the Human Rights Code.

(f) while on pregnancy and parental leave.

Subject to the terms of the applicable benefit plans, an employee's benefits shall be continued in these circumstances provided she pays her share of the premiums.

13.05 Loss of Seniority and Service

An Employee shall lose all service and seniority and shall be deemed to have been terminated if she:

(a) resigns or retires;

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

(c) has been laid off for a period of more than twenty-four (24) calendar months;

( d) utilizes a leave of absence for purposes other than those for which the leave may have been granted or who fails to report for duty on the first (1st) day following the expiration of a leave of absence, unless the employee has first obtained the written consent of the Employer which will not be unreasonably withheld or the employee provides a reasonable explanation satisfactory to the Employer;

( e) fails upon being notified of a recall to signify her intention to return within seven (7) calendar days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within (7) consecutive calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties;

(f) is absent for two (2) consecutive scheduled shifts without sufficient cause and without notifying the Employer unless such notice was not reasonably possible;

(g) is absent for more than twenty-four (24) months because of sickness or physical disability or both, or by reason of absent while on WSIB leave or equivalent. Prior to the automatic termination of an employee under this clause, the Employer agrees to review the status of the employee in relation to the probability of the employee returning to work within a short period of time and to ensure that any action taken by the Employer complies with the Ontario Human Rights Code; and

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(h) in the case of a casual employee, the employee has not worked a shift for three (3) months without providing a reasonable excuse.

ARTICLE 14 - JOB POSTINGS

14.01 (a) Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Employer, such vacancy shall be posted for a period of seven (7) consecutive calendar days. Employees in this bargaining unit may make written application for such vacancy within the seven (7) day period referred to herein. Job vacancies shall be posted on the bulletin board provided by the Employer.

Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven (7) consecutive calendar days.

Staff will be advised of the outcome of each posting seven (7) days after the posting closing.

(b) If no application is received from an employee in the bargaining unit within one (1) week of the job posting for the vacancy, then the Employer may fill the vacancy with someone from outside the bargaining unit.

Where a vacancy under this provision has remained unfilled for a period of three (3) months from the date of the initial posting, it will be reposted as noted above.

( c) The posting shall stipulate the job classification, status, hours of work, shift, anticipated duration if temporary position, pay scale and requirements of the position.

(d) Vacancies filled under article 14.0l(a) and the names of the successful applicants will be posted on the job posting for seven (7) calendar days.

(e) Employees shall be selected for positions under 14.0l(a) on the basis of skill, relative experience and qualifications. Where these factors are relatively equal amongst the employees applying, seniority shall govern.

(f) The successful applicant shall be allowed a trial period of up to thirty (30) days, during which the Employer will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return, or be returned by the Employer to their former position, without loss of seniority. Subsequent vacancies resulting from the posting may be filled on a temporary basis until the trial period is completed.

The Employer may temporarily fill a position until the successful candidate has been chosen. In filling such vacancies preference shall be given to part-time

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employees on the basis of seniority who are qualified to perform the work in question. If the temporary position is not filled by a part-time preference shall be given to casual employees.

(g) Vacancies which are not expected to exceed sixty (60) calendar days may be filled at the discretion of the Employer in accordance with Article 14.01 (a).

(h) Where part-time employees fill temporary full-time vacancies, such employees shall be considered regular part-time. Upon completion of the temporary vacancy, the employee shall be reinstated to her former position, unless the position has been discontinued, in which case she shall be placed in a comparable position.

ARTICLE 15 - LAYOFF AND RECALL

15.01 Lay-Off Defined

A lay-off shall be defined as a permanent or temporary reduction in the work force. Both parties recognize that job security shall increase in proportion to length of service.

15.02 Lay-Off and Recall Procedure

(a) In the event of a lay off, or a reduction in hours of twenty percent (20%) or more for at least two (2) bi-weekly pay periods, employees shall be laid off in the reverse onus of seniority. An employee about to be laid off may displace any employee subject to 15.02 (d) with less seniority, provided the employee exercising the right is qualified, able and willing to perform the work of the employee with less seniority. Such reduction if any shall be on the basis of seniority within the classification and shift the reduction is taking place.

In the event that an employee's losses are equivalent to five (5) days per calendar year because of the 20% reduction in hours such employee will be eligible to displace less senior employees who are working more hours

(b) Recall from layoff shall be based upon the seniority of employees affected provided the employee or employees to be recalled are qualified to perform the work for which they are being recalled, according to established schedules.

Employees recalled to their original classification shall be ·deemed to be qualified provided they have fulfilled and maintained all requirements for their professional designation, if applicable.

( c) Employees who are laid off or displaced will be able to displace any employee with less seniority in an equivalent or lower rated classification so long as the employee is qualified and willing and able to perform the work to be done according to established schedules.

(d) An employee recalled to work in a different classification from which she was laid-

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off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled.

(e) 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, in accordance with the loss of seniority provision or have been found unable to perform the work available.

(f) Full time positions within the bargaining unit shall not be eliminated to provide Part time positions within the bargaining unit.

15.03 Employer's Obligations

The Employer shall advise employees and the Union at least two (2) weeks in advance of any lay-off subject to the superior requirements of the Ontario Employment Standards Act, 2000, as amended from time to time, and copies being provided to the Union. In any layoff, the Employer shall:

(a) determine the timing and number of employees to be laid-off;

(b) lay-off employees in reverse order of seniority provided the remaining employees have the requisite qualifications to perform the work available.

15.04 Recall Rights

(a) An employee in the bargaining unit who has been laid off shall have a right of recall, for a period of twenty-four (24) months commencing on the day following his or her lay-off.

(b) An employee who is recalled to work after a lay off must return to work within five (5) working days if unemployed and within ten (10) working days if employed elsewhere. Registered mail sent to the employee's most recent address on her employment file shall be interpreted as proper notice of recall.

( c) An employee on layoff who is to be recalled for a temporary period of one (1) month or less may refuse such recall without affecting the employee's recall rights, but this period will not be subject to extension.

15.05 Severance

Upon severance from employment, employees shall be paid their appropriate entitlement pursuant to the terms of the Ontario Employment Standards Act, 2000, as amended from time to time. Employees shall receive their record of employment and any monies owing to them within seven (7) days or the next pay day, whichever is later.

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ARTICLE 16 - JOB SECURITY

16.01 It is understood that an employee shall not be transferred by the Employer to a position outside the bargaining unit without his/her consent.

(a) An employee who is transferred to a position outside of the bargaining unit shall, subject to (b) below retain, but not accumulate, his/her seniority held at the time of the transfer. In the event the employee is returned to a position in the bargaining unit he/she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his/her return to the bargaining unit.

(b) In the event that an employee is transferred out of the bargaining unit under (a) above for a specific term or task which does not exceed a period of six (6) months and is returned to a position in the bargaining unit, he/she shall not suffer any loss of seniority, service or benefits.

16.02 No Contracting Out

The Employer shall not contract out of any work usually performed by members of the bargaining unit if, as a result of such contracting out, a layoff of any employees would result from such contracting out.

Persons not covered by this Agreement shall not perform duties normally performed by employees in the bargaining unit which shall directly cause or result in the layoff or reduction in hours of work or ability to work of an employee in the bargaining unit. It is understood that the purposes for which such person not in the bargaining unit may perform duties normally assigned to employees in the bargaining unit include instruction, experimentation, emergencies or when employees are not available.

16.03 Prior to effecting any significant changes in rules or policies which affect employees covered by this Agreement, the Employer will advise the Union of the changes and provide copies to the Union. This clause shall not apply where the change in rules or policies comes about as a result of changes in the legal or regulatory framework in which the Employer operates.

ARTICLE 17 - LEA VE OF ABSENCE

17.01 (a)

(b)

Written requests for a personal leave of absence without pay will be considered on an individual basis by the General Manager or designate subject to the operations of the home.

Such requests must be submitted in writing with as much notice as possible but no less than fourteen (14) days in advance of the date the leave is to start, except in the case of an emergency. It is understood that the greater the notice period, the greater the opportunity for the Employer to grant the request. Such leave shall not be unreasonably withheld.

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( c) The employee will state the reason for the leave, when it is to commence and when it will end.

(d) The General Manager or designate will provide a written response within seven (7) days of receipt of the written request. Provided the request was submitted to the department head or designate.

( e) Employees returning to work following an approved leave of absence will be expected to return as per their schedule. It is the responsibility of the employee to confirm with the Employer their return date.

(f) Employees who are on extended leave of absence greater than thirty (30) days may continue to participate in benefit plans at their request provided the employee makes arrangements for payment for the total cost of the premium to the Employer for such benefit periods during the leave, at least one (1) week prior to the beginning of the leave via monthly post-dated cheques deposited with Payroll.

Cheques returned as NSF will be deemed cause for termination of benefits.

The Employer will notify the employee when his or her benefits will cease.

Leaves granted under this provision shall be for a minimum of one (1) day and a maximum of one ( 1) year. It is understood that the intent of this provision is not to allow an employee a leave of absence to pursue employment elsewhere.

In the event an employee wishes to return from a leave of absence at an earlier date than set out in the original request, the Employer and the Union will co-ordinate this return to coincide with the next regular schedule.

17.02 For Union Business

(a) A maximum of three (3) employees who have been elected or appointed by the Union to attend Union conventions, conferences, Committee Meetings, or other Union business shall be granted a leave of absence for this purpose. The Union will notify the Employer in writing, not less than ten (10) working days prior to the start of the leave, of the names of the delegates. Where it is not possible to provide ten (10) working days' notice, the Employer will endeavour to accommodate the request.

(b) When employees are granted a leave of absence as per 17 .02( a) the Employer will provide the employee with her regular earnings and applicable benefits shall be maintained by the Employer. The Union will reimburse the Employer on a monthly basis, for the amount of total compensation.

The employee shall continue to accumulate seniority during such leave.

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17.03 Leave of Absence for Full-Time Union Duties

(a) The Employer will grant an employee leave of absence without pay for at the most one (1) calendar year in order to work as a full-time official of the Union or for any organization to which the Union is affiliated. The leave must be requested by the Union and extension requests to such leaves of absence shall not be unreasonably refused by the Employer. The employee shall retain any seniority accrued as of the absence, and shall continue to accumulate seniority during the absence.

(b) When an employee is granted a leave of absence as per article 17.03(a) the Employer agrees that the employee may elect to retain benefit coverage with the Employer as long as premiums for such coverage are reimbursed on a monthly basis to the Employer by the Union.

17.04 Jury or Court Witness Duty

If an employee is required to serve as a juror in any court oflaw, or is required to attend as a witness in a court proceeding in which the Crown is a party, 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 with the Employer, the employee shall not lose regular pay, because of such attendance and shall not be required to work on the day of such duty provided that the employee:

(a) notifies the Employer immediately on the employee's notification that she will be required to attend court;

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

( c) deposits with the Employer the full amount of compensation received excluding mileage, traveling and meal allowances and an official receipt where available.

17.05 Bereavement Leave

(a) An employee who notifies the Employer as soon as possible following the death of a spouse, parent, step-parent, child or step-child shall be granted up to five (5) working days off within seven (7) calendar days following the death without loss of regular pay for scheduled shifts.

"Spouse" for the purposes of bereavement leave will include married persons, common law spouses and same-sex spouses as those terms are determined by law.

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(b) An employee who notifies the Employer as soon as possible following bereavement of an immediate family member shall be granted up to three (3) working days off within seven (7) calendar days following the death without the loss of regular pay for scheduled shifts.

"Immediate family" means brother, sister, son/daughter-in-law, mother/father-in-law, brother/sister-in-law, grandparent, and grandchild.

( c) An employee shall be granted one day bereavement leave without loss of pay to attend the funeral or equivalent service of his or her aunt or uncle, niece or nephew.

( d) If the death of any person above necessitates travel, a leave of absence without pay may be granted by the Employer.

( e) Employees may be granted flexibility to distribute their bereavement leave entitlement over two (2) occasions not exceeding the number of days above, in order to accommodate religious and cultural diversity and weather restrictions.

17.06 Education Leave

Leave of absence with pay or without pay may be granted to employees to attend educational meetings, courses or other events, which may be judged beneficial to the employee's development, especially as it relates to his or her responsibilities with the Employer.

The General Manager may grant a request for an unpaid leave of absence of up to one (1) year in order for the employee to upgrade employment qualifications, provided that the General Manager receives at least one ( 1) month notice in writing, and that such leave may be arranged without undue inconvenience to the normal operations of the Residence. When applying, applicants must indicate the date of departure and specific date of return.

17.07 Time Off for Elections

Employees who are entitled to vote shall be entitled to three (3) consecutive hours for the purpose of casting their vote. If their hours of work do not allow for those three (3) consecutive hours, the Employer shall allow the time for voting that is necessary to provide those three (3) consecutive hours with regular pay. The time that the Employer shall allow for voting is at the discretion of the Employer.

17.08 Pregnancy Leave

(a) (i) 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 Ontario Employment Standards Act 2000, as amended from time to time, and may begin no earlier than seventeen (17) weeks before the expected birth date.

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

(iii) The Employee shall give at least four ( 4) weeks' notice of her intention to return to work. The employee may, with the consent of the Employer, shorten the duration of the leave as requested under this Article upon giving the Employer four (4) weeks' notice of her intention to do so, and providing 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 17.09(a).

(b) 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 requests the leave of absence. If a full-time employee returns to work at the expiry of the normal pregnancy or parental leave and the employee's former permanent position still exists, the Employer will be returned to her former job and former shift if her shift was designated.

All employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions.

( c) Credits for service for the purpose of pay increments, vacations or any other benefit included and prescribed under the Ontario Employment Standards Act, 2000, as amended from time to time shall continue and seniority shall accumulate during the leave.

( d) Upon expiry of seventeen (17) weeks pregnancy leave, an employee may immediately commence parental leave under this Agreement. The employee shall give the Employer at least two (2) weeks' notice in writing that she intends to take parental leave.

17.09 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 a child or the date the child first came into care or custody of the employee, shall be entitled to parental leave.

(b) A "parent" includes the natural mother or father of the child, a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with the parent of the child and who intends to treat the child as his or her own.

(c) 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. Parental leave will

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begin immediately after pregnancy leave expires. Parental leave shall be granted for up to sixty-one ( 61) weeks in duration if the employee also took pregnancy leave and sixty-three (63) weeks duration if she did not.

(d) An employee requesting parental leave shall give the Employer four (4) weeks written notice of the date the leave is to begin.

(e) An employee may end his or her parental leave as set out in Article 17.08(a)(iii) above (or earlier) by giving the Employer written notice at least four (4) weeks before the last day of the leave.

(f) Parental leaves will be granted in accordance with the Employment Standards Act 2000, as amended from time to time.

17.10 Parental Leave

The Employer will continue the benefits for the employee if the employee pays both the employer share and the employee share of the premium in advance by post dated cheques.

ARTICLE 18 - HOURS OF WORK AND SCHEDULING

18.01 Normal Hours

The following is intended to define the normal hours of work for all employees, but shall not be construed as a guarantee of hours of work per day or per week, or days of work per week:

(a) The normal daily hours of work exclusive of a thirty (30) minute unpaid meal period, shall be seven and one-half (7 Y:z) or eleven and one-half (11 Y:z) hours per day.

(b) The regular work week shall be thirty-seven and one-half (3 7 Y:z) hours.

( c) The night shift shall be the last shift of the day.

18.02 Employees shall be entitled to rest and meal periods as follows:

(a) Each employee who works seven and one-half (7 Y:z) hours shall receive a one-half (1/2) hour unpaid meal break and two (2) fifteen (15) minute rest breaks with pay.

(b) Each employee who works more than five (5) hours but less than seven and one­half (7 Y:z) hours, shall receive a one-half (1/2) hour unpaid meal break and one (1) fifteen (15) minute rest break with pay.

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(c) Each employee who works between four (4) and five (5) hours shall receive one (1) fifteen (15) minute rest break with pay.

( d) Each employee who works in excess of ten (10) hours shall receive a thirty (30) minute meal break and three (3) fifteen ( 15) minute rest breaks.

The meal break and rest breaks will be at times scheduled by the Employer and shall not be interrupted except in case of emergency and shall be scheduled at such intervals so that no employee will work longer than five (5) consecutive hours without a meal break.

Employees who wish to leave the premises during their meal break must seek permission from their direct supervisor before doing so, and such permission shall not be unreasonably withheld. Where an employee is not allowed to leave the premises, the meal break will be paid at regular time.

Meal breaks will not be considered as time worked.

18.03 Before any changes are made to the hours of work, the Employer agrees to advise the Union of the changes.

18.04 Employees will not be scheduled to work more than six (6) consecutive days, unless otherwise mutually agreed.

18.05 Employees will be scheduled to have every other weekend off unless mutually agreed otherwise.

18.06 At the time of change from Standard Time to Daylight Savings Time or Daylight Savings Time to Standard Time, employees shall be paid for the hours they worked at their straight time hourly rate of pay for all such hours worked (i.e. no overtime pay).

18.07 All full-time and part-time employees shall receive either Christmas or New Year's off, on a rotational basis, Christmas one year and New Year's the next. The Employer shall endeavour to provide two consecutive days off. Where the employee is scheduled off Christmas, this shall include Christmas Eve or Boxing Day and where the employee is scheduled off at New Year's this shall also include New Year's Eve.

In the event of a conflict, the deciding factor shall be which holiday the Employee worked the previous year and seniority shall prevail.

In the event that an Employee wishes to work both Christmas and New Year's and there are Employees who wish to have both off, the principle of rotation and seniority shall apply.

18.08 Current schedules shall be posted two (2) weeks in advance for a four (4) week period.

18.09 All regularly scheduled employees shall be on a master schedule. It is the responsibility of the employee to consult the current posted work schedule. Additional shifts added to the current schedule after posting as per 18.08 shall be brought to the attention of the employee

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18.10 (a)

(b)

Employee requests for specific days off must be submitted to the General Manager or designate in writing no later than one ( 1) week in advance of scheduled posting except in the case of an emergency. The Department Manager will respond to the request within seven (7) calendar days. Such leave shall not be unreasonably withheld.

Employees may request to exchange scheduled working days and days off with other qualified employees providing that such requests are submitted in writing to the Department Head or General Manager, using the appropriate form no less than seventy-two (72) hours in advance in the case of a shift falling on a weekend or a Monday. For shifts falling on other days twenty-four (24) hours' notice is required. It is understood that such exchange of shifts shall not be considered in the calculation of eligibility for or payment of overtime and shall be granted at the Employer's discretion given operational requirements. However, such requests shall not be unreasonably withheld. Where a shift exchange request has been granted, the Department Head or the General Manager shall sign/initial the shift exchange form.

18.11 Changes to the posted work schedule shall only be made by mutual agreement.

18.12 Call-In

(a) The Employer shall maintain a list of employees who shall be offered work in accordance with their specified availability and in accordance with operating requirements. Employees on the call-in list who are available without incurring overtime shall be called in order of departmental seniority beginning with the most senior employee, until the staff shortage is filed. Employees who are not scheduled for ten (10) shifts in a two (2) week period may have their names placed on the list in seniority order. An updated call-in list is to be posted monthly. Employees will have ten (10) days within which to verify the list.

(b) Each call will be indicated on the call-in sheet as "accepted", "no answer" or "refused". Where the Employer obtains only an answering machine, the call shall be considered "no answer". Employees who receive a message from the Employer with respect to available work must contact the Employer and indicate whether or not they accept or refuse the work. No response shall be considered a refusal on the part of the employee.

(c) Extra available work shall be offered in accordance with seniority to qualified employees in other departments who are available without incurring overtime once the extra work has first been offered to all eligible staff within the department who are available without incurring overtime.

( d) If the Employer is unable to find an employee willing and able to perform extra available work without incurring overtime through the call-in procedure, the

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Employer may offer the available work to any Employee in accordance with the overtime provisions of this Agreement.

(e) Where a casual employee on the call-in list refuses three (3) calls in any one (1) month period, his or her name shall be removed from the call in list until he or she advises the Employer of his or her availability to accept further call-ins.

ARTICLE 19 - OVERTIME/PREMIUM PAY

19.01 An employee who reports for work as scheduled, but who is required to work less than three (3) hours shall receive three (3) hours pay. This does not apply where the reason why the employee was not required to work at least three (3) hours was beyond the control of the Employer.

19.02 The Employer shall pay time and one-half the normal rate for all authorized time worked in excess of seven and one-half (7.5) hours, or eleven and one-half hours per day or seventy-five (75) hours in a bi-weekly period. Meal breaks, whether paid or unpaid is not time worked.

Overtime shifts shall first be offered by seniority to full-time then part-time then casual employees in the department.

19.03 In the event employees of their own accord arrange to change shifts with prior approval of the Manager, the Employer reserves the right to request signed statements from such employees and shall not be responsible or liable for overtime rate claims that may arise or accrue as a result of the exchange of shifts.

19.04 Overtime premium will not be duplicated for the same hours worked nor shall there be any pyramiding with respect to any other premium payable under the provisions of this Collective Agreement.

19.05 Shift Premium

All employees who work a shift of at least five (5) hours long between 1500 hours and 0800 hours shall qualify to be paid a shift premium.

Employees who qualify shall be paid an evening shift premium of fifty ($0.50) cents per hour for all hours worked between 1500 hours and 2300 hours.

Employees who qualify shall be paid a night shift premium of one dollar ($1.00) per hour for all hours worked between 2300 hours and 0700 hours.

19.06 Lead Hand Premium

Employees shall be paid a premium of one dollar ($1.00) per hour for all hours worked as a Lead Hand or during training of other employees. It is within the discretion of the Employer to decide whether or not to have a Lead Hand or to assign an employee to train

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other employees, and to decide which employee shall be assigned Lead Hand or training duties.

19.07 Where an employee is called back into work, after having left the premises of the company following the end of their scheduled shift, she shall be paid, (from the time of the call), a minimum of three (3) hours at their regular straight time rate of pay.

ARTICLE 20 - PAID HOLIDAYS

20.01 An employee who otherwise qualifies shall receive the following as paid holidays;

New Year's Day Good Friday Thanksgiving Day Victoria Day Canada Day

Labour Day Family Day Civic Holiday Christmas Day Boxing Day

20.02 In addition to the paid holidays above, all full time employees who have completed their probation shall receive one (1) float holiday for every calendar year.

The float holiday shall be for each employee's birthday. Employees shall be paid for the float day during the pay period in which they fall. Requests for a day off for such float day shall be in accordance with scheduling prov1s10ns.

20.03 The intent is that there shall be no more than eleven (11) paid holidays for full-time employees during the term of this agreement. If another Federal, Provincial, Municipal holiday should be proclaimed during the term of the Collective Agreement, such additional holiday would replace one of the float holidays in the Collective Agreement.

20.04 Holiday pay will be computed on the basis of the total amount ofregular wages earned and vacation pay paid to the employee in the last two pay periods closed prior to the stat holiday divided by twenty (20).

20.05 In order to qualify for pay for a holiday, an employee shall complete her full scheduled shift on each of the working days immediately preceding and following the holiday, unless excused by the Employer or the employee was absent due to:

(a) Vacation granted by the Employer

(b) The employee's regular scheduled day off

( c) A paid leave of absence provided the employee is not otherwise compensated for the holiday

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20.06 (a)

(b)

An employee who works on a paid holiday shall be paid time and one half (1 Yi) her regular rate of pay for all hours worked on the holiday. However, employees who work on a floating holiday shall only be entitled to be paid at their regular rate of pay for all hours worked. Such employee shall also be entitled to her choice of holiday pay, calculated under 20.04 or a day off with holiday pay. Requests for such days off shall be made in accordance with the scheduling provisions.

Where an employee qualifies and:

(i) Where a holiday falls during their employee's scheduled vacation period, her vacation shall be extended by one (1) day unless the employee and the Employer agree to schedule a different day off with holiday pay.

(ii) Where a holiday falls on an employee's scheduled day off, an alternate day off with holiday pay will be scheduled unless the employee chooses to receive the holiday pay without taking an alternate day off.

(iii) Where a holiday falls on an employee's time off for an approved sick leave the employee shall receive an alternate day off with holiday pay or at the Employer's discretion only holiday pay, on return to work or on completion of sick leave, whichever occurs first.

(iv) All alternate days off shall be taken at a mutually agreeable time within the sixty (60) calendar days following the holiday. If the employee wishes to extend this time period the request must be made to his or her manager or designate and requests will not be unreasonably withheld.

(v) Where the parties cannot agree on a lieu day off within the sixty (60) days, the Employer shall pay the employee the holiday pay earned.

ARTICLE 21 - VACATIONS

21.01 The vacation year runs from July 1st to June 301h of the following year.

21.02 All full time employees shall receive vacations with pay based on their current regularly scheduled hour of work and current regular hourly rate of pay based on length of continuous service as of June 30th of each year as follows:

(a) Employees who have completed their probationary period as of June 301h but who have less than one (1) year of continuous service will be granted one (1) day's vacation time with pay for each month of service to a maximum of ten (10) days.

(b) Employees who have completed one (1) year or more continuous service shall receive: 2 weeks' vacation with pay.

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( c) Employees who have completed three (3) years or more continuous service shall receive: 3 weeks' vacation with pay.

( d) Employees who have completed eight (8) years or more continuous service shall receive: 4 weeks' vacation with pay.

( e) Employees who have completed fourteen (14) years or more continuous service shall receive: 5 weeks' vacation with pay.

(f) Employees who have completed twenty-two (22) years or more continuous service shall receive: 6 weeks' vacation with pay.

For part time and casual employees, they shall be paid at the following rate on each pay cheque as vacation pay and may take vacation time at that rate (unpaid) each vacation year.

• Less than 7750 hours of continuous service - 4% of gross wages and 2 weeks' vacation.

• Completed 7750-11250 hours of continuous service - 6% of gross wages and 3 weeks' vacation.

• Completed 11250 hours and above of continuous service - 8% of gross wages and 4 weeks' vacation

Vacation pay for full time employees shall be capped at their previous year's accrued vacation pay which shall accrue on gross wages based on their vacation entitlement in that year. (i.e. an employee entitled to two weeks' vacation with pay shall accrue vacation pay for the next year at 4% of gross wages). Employees shall accrue vacation pay at the following rates;

• Less than 3 years of completed years of continuous service - 4% of gross wages and 2 weeks' vacation.

• Completed 3 years or more of continuous service - 6% of gross wages and 3 weeks' vacation

• Completed 8 years or more of continuous service - 8% of gross wages and 4 weeks' vacation.

• Completed 14 years or more of continuous service - 10% of gross wages and 5 weeks' vacation.

• Completed 22 years or more of continuous service - 12% of gross wages and 6 weeks' vacation.

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21.03 Vacation Schedule

The scheduling of vacation time mu t be approved in advance by the Employer. Staff may choose their preferred time off based on seniority and in accordance with the Employer s operational needs.

The Employer will post a summer vacation request schedule April 1st of each year to April 15th. This request schedule will address vacation during the period July, August and September. The Employer shall post an approved vacation list by May 1st.

The Employer will post a vacation request schedule September 1st of each year to September 15th. The request schedule will address vacation during the period December 1st to March 30th. The Employer shall post an approved vacation list by September 30th.

Vacation requests submitted will be granted in accordance with seniority. Employees who do not request their vacation time by the designated request schedule end date may then be required to take their vacation time outside of the first preference, based on balance of time available and the operational requirements of the facility.

Any request for vacation time outside of the vacation periods stated above will be considered on a "first requested, first considered" basis. Such requests should be in writing, and will be considered by the Employer according to the date they are received and will notify the associate in writing, within seven (7) days, whether the request has been granted.

Associates are expected to take their vacation in the year after it has been accrued.

Vacation time cannot be carried over to the next vacation year without the approval of the Department Manager and the amount is to be capped at five (5) days.

21.04 No employee can schedule a vacation block of more than 3 weeks duration in June, July and August, until all other employees have had an opportunity to take vacation in that time period.

Additional time, in excess of vacation entitlement, cannot be taken immediately prior to or immediately following the vacation, unless a leave of absence is requested and granted.

21.05 Employees who have lost their seniority and have terminated their employment (for whatever reason) shall receive all outstanding vacation pay on their final cheque.

21.06 The Employer will undertake to provide all employees with a breakdown of vacation total earnings. Vacation pay will be paid to all employees on the regular pay day which corresponds with the vacation leave.

21.07 No vacation shall be granted from December 15th to January 5th of each year.

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ARTICLE 22 - SICK LEA VE

It is understood that sick leave credits are for the sole purpose of providing income protection for employees who are legitimately ill and unable to report to work as scheduled.

22.01 (a)

(b)

(c)

(d)

A person hired into a full-time position who has completed the probationary period shall be entitled to earn sick leave credits, at the rate of 0.833 days per month (a day is 7.5 hours) to a maximum often (10) days per year.

Sick leave credits shall be earned on the first day of the month for the previous month. Employees shall be entitled to accrue a maximum of ten ( 10) days of sick leave credits at any time in every rolling twelve-month (12) period.

Employees are entitled to use a maximum of two (2) days of their accrued sick leave credits in every rolling twelve (12) month period to provide care to their dependent family member where no one in the home other than the employee can provide the required care. An employee may be required to provide medical proof of illness of the minor child.

Any employee absenting himself on account of personal illness must notify her immediate supervisor or designate manager on the first day of illness as far in advance of the start of their scheduled shift.

22.02 Effective July 1st of each year employees shall be permitted to carry over up to 3 7 .5 hours (5 days) of accumulated unused sick leave and shall be paid out any unused sick leave above 37.5 hours (5 days) at a rate of fifty percent (50%) of their regular rate of pay.

For clarity an employee may take up to fifteen (15) paid sick days per year (July 1 to June 30) provided that the employee has accrued the 15 sick days. (up to 37.5 hours carry over and 10 days accumulated per year as per article 22.01.

22.03 If the Employer requires the employee to obtain a medical certificate, the Employer shall pay the full cost of obtaining the certificate.

INFLUENZA VACCINE

22.04 The parties agree that the influenza vaccination may be benefici_al for our residents and staff, however, staff will be provided with the information including risks and side effects regarding the vaccine.

The Employer recognize that staff have the right to refuse any required vaccination, knowing that in the event there is a "out break" an individual may be asked to be off work, and allowing that individual to use vacation time or time off without pay.

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ARTICLE 23 - HEALTH AND WELFARE BENEFITS

23.01 Change of Carriers

It is understood that the Employer may at any time substitute another carrier for any plan, provided the benefits conferred thereby are not decreased. Before making such a substitution, the Employer shall notify the Union to explain the proposed change and to ascertain the views of the employees. Upon request by the Union, the Employer shall provide to the Union full specification to the Benefits Programs contracted for and in effect for employees covered herein.

23.02 Premiums and Benefits Coverage

The Employer agrees to pay 85% of the premium for Extended Health Care coverage including Dental coverage for Full Time Employees once they have completed the probationary period. The employee shall pay the remaining 15% of the premium.

The Employer agrees to pay 100% of the premium for Life Insurance and Accidental Death and Dismemberment coverage for Full Time employees once they have completed the probationary period.

The employee shall pay 100% of the premium for Long Term Disability coverage and Dependant Life Insurance Coverage.

23.03 The Employer agrees to provide Extend Health Care, Life Insurance, Accidental Death and Dismemberment and LTD insurance coverage as set out in the Group Health Plan booklet dated August P\ 2017 with a current policy number #53600 and subject to the Master Policy to all Full Time employees who have completed the probationary period.

23.04 Part time and casual employees shall be entitled to receive a payment in lieu of benefits of 4% of their regular hourly rate for each hour worked.

23.05 Pension Plan

Effective on the first pay period of April 2018 the Employer shall contribute 3% of wages for all full time employees to the LiUNA' Pension Plan.

23.06 Work Place Injury

An employee who is injured at work and who requires medical attention and who, on the advice of a doctor, is unable to return to work, shall be paid for the balance of his scheduled hours of the day upon which the injury occurred. Modified work may be offered to any employee in any department if unable to perform work in their own area. All work place injuries will be reported to WSIB or equivalent for benefit purposes.

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ARTICLE 24 - UNIFORMS

24.01

(a) The Employer shall provide at no cost to each employee, a uniform which includes:

(i) Three (3) shirts (tops) and three (3) pairs of pants for employees who work 1500 hours or more; and

(ii) Two (2) shirts (tops) and two (2) pairs of pants for employees who work less than 1500 hours.

(iii) One (1) shirt (top) and One (1) pair of pants for employees who carry a casual status upon hiring. After completing 400 hours an additional one (1) shirt (top) and one (1) pair of pants will be issued.

(b) If an employee is required to replace his or her uniform or a part thereof before one (1) year passed since the uniform or component in question was issued the employee shall bear the cost of replacement (as per Schedule B) unless the damage occurred in the course of employment. The Employer shall pay all costs associated with reasonable alternations of the uniform.

(c) Employee's uniforms are not to be worn for any other purpose other than for working for the Employer.

(d) When an Employee's employment ends for any reason, s/he shall return all uniform items to the Employer within seven (7) days of his/her termination date, failing which the Employer shall be permitted to deduct the cost (as per Schedule B) of the non-returned items from the employee's final pay cheque.

ARTICLE 25 - WAGES

25.01 Employees shall be classified and paid in accordance with the Employee Pay Grid attached to this agreement. Increases in pay will be implement on the first full pay period following the effective date of the increase.

25.02 Employees shall be paid every second Friday, for a two (2) week period commencing on a Friday and ending on a Thursday. ·

25.03 When a new classification (which is covered by the terms of this agreement) is established by the Employer, the Employer shall determine the rate of pay for such new classification and notify the Union of the same within seven (7) days. If the Union challenges the rate, it shall have the right to request a meeting with the Employer to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Employer of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Employer. If the parties are unable to agree, the dispute

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25.04

25.05

25.06

25.07

concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Arbitrator ( or Board of Arbitration as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification.

The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Employer.

In the event of an error on an employee's pay, the correction will be made in the pay period following the date on which the error comes to the Employer's attention. If the Employer makes the error resulting in the 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 is notified of the error.

When an employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying classification in the bargaining unit for a period in excess of one-half (1/2) shift, she shall be paid the rate of pay in the wage grid (Schedule A) that provides a higher rate of pay than she was being paid on her own job. This rate of pay may be in the same job classification or in the higher job classification, which ever pay rate is immediately above the employee's current rate of pay, for half of the shift on which she was assigned the job.

Employees within their job classification will progress from the "start rate" to the "one year rate" and so on, on the basis of the definition of one year equals 1750 hours worked. Hours worked and paid for, and hours not worked and paid for by the Employer, and hours not worked and paid for under the Employer's Occupational Accident Program shall be considered hours worked for the purpose of computing eligibility to progress to the next higher rate within their position classification.

25.08 There shall be no pyramiding of any payments or benefits.

25.09 Upon termination or lay off, the employee will be paid his/her final pay and vacation pay on the next regular pay day for that pay period within which the termination of employment or lay off occurred.

ARTICLE 26 - TERMINATION AND RENEW AL

26.01 The Collective Agreement shall commence on the date of ratification and expire on October 22, 2022 but shall remain in effect from year to year thereafter unless either party gives the other party written notice of termination or desire to amend the Agreement in accordance with Article 26.02 below.

26.02 Where either party desires to amend or terminate this Agreement, it shall give notice to the other party only within the period ninety (90) days prior to the expiration date of this Agreement or to any anniversary of such expiration date.

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If notice of amendment is given by either party, the other party agrees to meet for the purpose of negotiation within thirty (3 0) days after the giving of such notice, if requested to do so.

Dated thisJ.1_ day of J~~1.t,A{2.i__, 2020

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E I m11oyec w age G "d r1

CLASSIFICATION Start lyr 2yr 3yr 4yr 5yr

1750 3500 5250 7000 8750 Activities with

Current Rate $16.20 $16.58 $16.84 $17.18 $17.51 $17.88 Certificate

Eff. Oct 22/19 -2% $16.52 $16.91 $17.18 $17.52 $17.86 $18.24

Eff. Oct 22/20 -2% $16.85 $17.25 $17.52 $17.87 $18.22 $18.60

Eff. Oct 22/21 -2% $17.19 $17.60 $17.87 $18.23 $18.58 $18.97

Activities Current Rate $14.85 $15.14 $15.45 $15 .75 $16.07 $16.39

without Cert.

Eff. Oct 22/19 -2% $15.15 $15.44 $15.76 $16.07 $16.39 $16.72

Eff. Oct 22/20 -2% $15.45 $15 .75 $16.07 $16.39 $16.72 $17.05

Eff. Oct 22/21 -2% $15.76 $16.07 $16.39 $16.71 $17.05 $17.40

Receptionist Current Rate $14.85 $15.14 $15.45 $15.75 $16.07 $16.39

Eff. Oct 22/19 -2% $15.15 $15.44 $15 .76 $16.07 $16.39 $16.72

Eff. Oct 22/20 -2% $15.45 $15 .75 $16.07 $16.39 $16.72 $17.05

Eff. Oct 22/21 -2% $15.76 $16.07 $16.39 $16.71 $17.06 $17.40

CLASSIFICATION Start lyr 2yr 3yr 4yr 5yr

1750 3500 5250 7000 8750

Cook Current Rate $18.92 $19.28 $19.67 $20.07 $20.46 $20.88

Eff. Oct 22/ 19 -2% $19.30 $19.67 $20.06 $20.47 $20.87 $21.30

Eff. Oct 22/20 -2% $19.68 $20.06 $20.46 $20.88 $21 .29 $21.72

Eff. Oct 22/21 -2% $20.07 $20.46 $20.87 $21 .30 $21.72 $22.15

Prep Cook Current Rate $17.55 $17.92 $18.29 $18.62 $19.02 $19.40

Eff. Oct 22/19 -2% $17.90 $18.28 $18.66 $18.99 $19.40 $19.79

Eff. Oct 22/20 -2% $18.26 $18.64 $19.03 $19.37 $19.78 $20.18

Eff. Oct 22/21 -2% $18.63 $19.00 $19.41 19.76 $20.18 $20.58

Dietary Aide Current Rate $14.85 $15.14 $15.45 $15.75 $16.07 $16.39

Eff. Oct 22/19 -2% $15.15 $15.44 $15.76 $16.07 $16.39 $16.72

Eff. Oct 22/20 -2% $15.45 $15 .75 $16.07 $16.39 $16.72 $17.05

Eff. Oct 22/21 -2% $15.76 $16.07 $16.39 $16.71 $17.05 $17.40

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CLASSIFICATION Start lyr 2yr 3yr 4yr 5yr

1750 3500 5250 7000 8750

Dishwasher Cun-ent Rate $14.00 $14.00 $14.00 $14.00 $14.00 $14.00

Eff. Oct 22/19 -2% $14.28 $14.28 $14.28 $14.28 $14.28 $14.28

Eff. Oct 22/20 -2% $14.57 $14.57 $14.57 $14.57 $14.57 $14.57

Eff. Oct 22/21 -2% $14.86 $14.86 $14.86 $14.86 $14.86 $14.86

Hsk/Laundry Current Rate $14.85 $15 .14 $15.45 $15 .75 $16.07 $16.39

Eff. Oct 22/19 -2% $15.15 $15.44 $15.76 $16.07 $16.39 $16.72

Eff. Oct 22/20 -2% $15.45 $15.75 $16.07 $16.39 $16.72 $17.05

Eff. Oct 22/21 -2% $15.76 $16.07 $16.39 $16.71 $17.05 $17.40

CLASSIFICATION Start lyr 2yr 3yr 4yr 5yr

1750 3500 5250 7000 8750

Janitor/Driver/ Current Rate $16.20 $16.53 $16.84 $17.19 $17.52 $17.88

Maint. Eff. Oct 22/19 -2% $16.52 $16.86 $17.18 $17.53 $17.87 $18.24

Eff. Oct 22/20 -2% $16.85 $17.20 $17.52 $17.88 $18.23 $18.60

Eff. Oct 22/21 -2% $17.19 $17.54 $17.87 $18.24 $18.59 $18.97

Personal Support Current Rate $17.56 $17.91 $18.29 $18.63 $19.02 $19.40

Worker

Eff. Oct 22/1 9 -2% $17.91 $18.27 $18.66 $19.00 $19.40 $19.79

Eff. Oct 22/20 -2% $18.27 $18.63 $19.03 $19.38 $19.79 $20.18

Eff. Oct 22/21 -2% $18.64 $19.00 $19.41 $19.77 $20.19 $20.58

UCP Cun-ent Rate $21.14 $21.56 $22.00 $22.45 $22.89 $23.34

Eff. Oct 22/19 -2% $21.56 $21 .99 $22.44 $22.90 $23.35 $23.81

Eff. Oct 22/20 -2% $21.99 $22.43 $22.89 $23.36 $23.81 $24.28

Eff. Oct 22/21 -2% $22.43 $22.89 $22.35 $23.83 $24.29 $24.77

RPN Current Rate $24.22 $24.70 $25.21 $25.71 $26.22 $26.75

Eff. Oct 22/19 -2% $24.70 $25.19 $25.71 $26.22 $26.74 $27.29

Eff. Oct 22/20 -2% $25.20 $25 .70 $26.23 $26.75 $27.28 $27.83

Eff. Oct 22/21 -2% $25.70 $26.22 $26.75 $27.29 $27.83 $28.39

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