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E:\ASSOC15.wpd COLLECTIVE AGREEMENT between GROVES PARK LODGE and the EMPLOYEES' ASSOCIATION OF GROVES PARK LODGE January l, 2015 to December 31, 2017 governing working conditions and rates of pay

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Page 1: COLLECTIVE AGREEMENT between GROVES PARK LODGE and … · Groves Park Lodge will follow the guidelines of the Ontario Employment Standards ... to meet within fourteen (14) days with

E:\ASSOC15.wpd

COLLECTIVE AGREEMENT

between

GROVES PARK LODGE

and the

EMPLOYEES' ASSOCIATION OF GROVES PARK LODGE

January l, 2015 to December 31, 2017 governing working conditions and rates of pay

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ARTICLE I - PREAMBLE 1.00 Recognizing common dependence and interest of the Employer and employees in the welfare

of the Home and recognizing further their relationship of good will and mutual respect between the Employer and the employees and contribute greatly to the maintenance of the Home, increasing the efficiency of that welfare the parties to this contract have joined together in the following Agreement.

1.01- It-is-the purpose-of-both-parties-to this Agreement:-

1. to maintain and improve harmonious relations and settled conditions of employment between the Employer and the Association;

u. to recognize the mutual value of joint discussions and negotiations in all matters pertaining to working conditions, employment, services, etc.;

lll. to encourage efficiency and economy of operations and service as well as to carrying out the aims and objectives of the Home with the interests of the employees, residents, and the Employer;

1v. to promote the morale, well-being, and security of all employees in the bargaining unit of the Association, and;

v. to promote the health and well-being of the staff and residents of the Home.

1.02 Plural or Feminine Terms May Aoply When the singular, masculine, or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the party or parties hereto to require.

ARTICLE 2- MANAGEMENT RIGHTS 2.01 Management rights referred to in this Article, shall be exercised without discrimination in a

manner fairly and reasonably and consistent with the terms of this Agreement.

2.02 The Association recognized that it is the right of the Employer to manage the Home in which it is engaged and without limiting the generality of the foregoing, the Employer shall have the right to:

1. maintain order, discipline, and efficiency;

u. to operate and manage its business and direct the work force in accordance with its responsibilities;

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w. to detennine the work to be performed and establish standards, methods, procedures, and schedules of operations;

1v. to determine the requirements, select, hire, transfer, promote, demote, classify, layoff, suspend and discharge or otherwise discipline an employee for just cause, and to increase or decrease working forces and to retire employees at age 65 if mentally/physically unable to perform job requirements.

v. to develop, revise, and maintain reasonable rules and regulations to be observed by all employees;

vi. all matters concerning the operation of the Employer's business not specifically dealt with in this contract shall be observed to be the management's responsibility;

vii. the exercise of the foregoing rights shall not supersede the other specific provisions of this Agreement and this clause shall not prevent the processing of grievances under such other specific provisions.

viii. Groves Park Lodge will follow the guidelines of the Ontario Employment Standards Act.

ARTICLE 3 - RECOGNITION AND NEGOTIATION 3.01 The Company recognizes the Groves Park Lodge Employees Association as the sole collective

bargaining agent for all its Full-Time and Part-Time employees at its Long Term Care Home at Groves Park Lodge, 470 Raglan Street, Renfrew, Ontario, save and except professional and medical staff, registered and graduate nurses, undergraduate nurses, supervisors, persons above the rank of supervisor, office staff, and students employed during the school year. Casual employees will not be part of the bargaining unit unless they have applied for and obtained Part-Time status.

3.02 This Collective Agreement is fairly applicable to all Full-Time and Part-Time employees unless otherwise specified.

1) Full-Time employees. Full-Time employees shall mean persons who have served the probationary period and who are normally employed in Full-Time positions working 9 to 10 shifts (8hrs) or 7 to 8 shifts (10 hours) per pay period. After 15 years of service, an employee who chooses to work a minimum of eight (8hrs) or seven (10 hrs) per pay period will also be classified as Full Time. Employees will not be allowed to drop a shift in the department they were hired for. Once the employee drops a shift, they can't go back to nine (9)/ten (10) 8 hr shifts or eight (8) 10 hr shifts during the life of this Contract. Paid as per Schedule "A".

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2) Part-Time employees. Part-Time employees shall mean persons who have successfully served the probationary period and who are normally scheduled to work not less than 20 hours/week. Part-Time employees shall receive the wage rates, conditions, employment and benefits specified in this Agreement. Paid as per Schedule "B".

3) Probationary Period employees. A person who is promoted from Part-Time to Full-Time will complete a probationary period of four hundred and fifty hours(450) hours. He/she becomes a member of the association once probation is successfully completed.

ARTICLE 4 -ASSOCIATION SECURITY 4.01 1. The Employer agrees that all eligible employees shall maintain Association

membership as a condition of employment.

u. The Employer shall deduct from every employee any dues in accordance with the Association's Constitution and By-Laws.

w. The Association will indemnify and save the Company harmless from any and all claims, which may be made against it by an employee or employees for amounts deducted from pay as provided by this Article.

iv. Deductions shall be made from each payroll period and shall be forwarded to the Secretary- Treasurer of the Association not later than the 24th day of the following month, accompanied by a list of the names, and classifications of employees from whose wages the deductions have been made.

v. Association dues will not be collected from employees when laid off.

4.02 Dues Receipts The Employer shall include on the T -4 slips the amount of association dues paid by each member in the previous year.

4.03 New employees The Employer agrees to acquaint new employees with the fact that an Association Agreement is in effect, and with the conditions of employment set out in the articles dealing with Association Security and Dues Check-Off.

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4.04 Copies of Agreement On commencing employment, the employee's immediate supervisor shall introduce the new employee to the Executive Members of the Groves Park Lodge Employees' Association. The Secretary will provide him with a copy of the Collective Agreement upon achieving Full or Part-Time status.

4.05 Correspondence All correspondence, between the parties, arising out of this Agreement or incidental thereto shall pass to and from the Administrator of the Home and the Secretary of the Association.

ARTICLE 5 -LABOUR MANAGEMENT BARGAINING RELATIONS 5.01 Representation

The Association will supply the Employer with the names of its officers. Likewise, the Employer, shall supply the Association with the list of its supervisozy personnel with whom the Association may be required to transact business.

5.02 Association Bargaining Committee An Association Bargaining Committee shall be elected or appointed and consist of not more than three (3) members of the Association. The Association will advise the Employer of the Association nominees to the Committee. It is recommended one from each department (Nursing, Environmental, and Dietary).

ARTICLE 6- EMPLOYER POLICY 6.01 The Employer agrees that any changes in policy or conditions of employment, which may

adversely affect employees within this bargaining unit, shall be communicated to the Association in time to afford the Association a reasonable opportunity to consider them and, if necessary, to meet within fourteen (14) days with the Employer to make suggestions regarding such changes in policy or condition in employment.

6.02 Discrimination The Employer and the Association agree that there shall be no discrimination in regard to hiring, or discrimination, interference, restriction or coercion, exercised or practised with respect to any employee in the matter of continued employment, or any term or condition of employment including, but not limited to, wage rates, training, up-grading, promotion, transfer, lay-off, recall, discipline or discharge by reason of race, creed, colour, ethnic, national or aboriginal origin, political or religious affiliation, belief or activity, age, sex, sexual orientation, family or marital status, common-law relationship, physical or mental disability, place of residence, source of income or by reason of his/her membership or activity in the Association.

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ARTICLE 7 -GRIEVANCE PROCEDURE 7.01 A grievance is any dispute or difference arising out of the interpretation, application or

administration of this Agreement or any allegation that this Agreement has been violated and includes any question as to whether a matter is arbitrable. Should any other dispute arise, an earnest effort shall be made to settle the dispute in the following manner, but excluding weekends and holidays. Any settlement so made shall be fmal and binding upon both parties and the employee concerned.

Step 1 It is the mutual desire of the parties that the complaints of the staff shall be settled as soon as possible. It is understood that an employee shall not be considered to have a grievance until the complaint has been discussed with their immediate supervisor within five (5) days after the circumstances giving rise to the complaint have occurred. The supervisor shall render a decision within five (5) working days of the grievance being flied. Failing settlement at this step then:·

Step 2 Failing satisfactory settlement from the supervisor within five (5) working days after the last reply received from the supervisor, the employee with the assistance of a representative as desired, may submit a written grievance to the Administrator, who in tum, will deliver a decision in writing within five (5) working days. Failing settlement, the grievance may then be submitted to arbitration within fifteen working days following the reply of the Administrator.

7.02 The Employer may initiate a written grievance beginning at Step 2 of the grievance procedure. Such a grievance shall be filed with the Association President or Secretary of the Association within ten (10) working days, after the circumstances giving rise to the grievance have occurred. The Association shall provide a written answer to the grievance within ten (10) working days of its receipt. If the Association does not reply within that time limit or if the answer is unsatisfactory to the Employer, the Employer may, within seventy-two (72) hours of the time limit, give notice in writing to the Association of its intention to refer the grievance to arbitration in accordance with Article 8.

7.03 Any grievance not commenced or processed through to the next stage of the grievance or arbitration procedure within the time specified, shall be deemed to have been settled in accordance with management's last reply.

7.04 Any employee who believes that he has been discharged or suspended without just cause may submit a written grievance at Step 2 of the grievance procedure within five (5) working days of the discharge or suspension. A dismissed employee shall have the right to interview his Association President or Secretary for a reasonable period of time before leaving the Home, provided that in cases where it is necessary to immediately expel a discharged employee from

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the Home, the Association President or Secretary will be advised. The Association will be advised, in writing, through its President, of the discharge or suspension of any employee covered by this Agreement.

7.05 A grievance fl.led pursuant to Article 7.01, Step 2, 7.02, or 7.04, shall state the specific article of this Agreement allegedly violated and state the details of the problem.

7.06 If applied for in writing prior to the expiration of the times provided herein, Article 7 may be extended by mutual agreement.

ARTICLE 8 - ARBITRATION 8.01 Where a difference arises between the parties relating to the interpretation, application, or

administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, or that any employee has been unjustly disciplined, either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an arbitration board. Prior to the arbitration hearing, both parties may want to meet in an effort to resolve the problem on an amicable basis. The recipient of the notice shall within five (5) working days advise the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chainnan within the time limit, then the Minister of Labour for the Province of Ontario may appoint a qualified person to Chairman upon the request of either person.

8.02 No person may be appointed who has been directly involved in an attempt to negotiate or settle a grievance.

8.03 The Arbitration Board shall hear and determine the matter and its award shall be fmal and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the Arbitration Board. If there is no majority decision, the decision of the Chairman shall govern.

8.04 The Arbitration Board shall be without any jurisdiction to make any decision inconsistent with

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the provisions of this Agreement or to alter, modify, or amend any part of this Agreement nor to recommend alterations, modifications or amendments to any part of this Agreement, provided, however, the Arbitration Board may alter any discipline imposed by the Employer, including altering a discharge to a suspension if the Arbitration Board deems it just in the circumstances.

8.05 Each of the parties hereto· will jointly bear the fees and e1Cpenses of the· Arbitration Chairman.

ARTICLE 9 -DISCHARGE, SUSPENSION. AND DISCIPLINE 9.01 Discharge, suspension, and discipline shall be for just cause.

9.02 Any fonnal entry, which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's ftle for a period of twenty-four (24) months for a suspension or disciplinary action and one (1) year for a reprimand or adverse report, and then removed, unless any further incident occurred during this period. A copy of all such entries or documents shall be given to the employee and to the Association at the time any entry or document is placed in the me, and both the employee and the Association shall be required to acknowledge receipt of same. The above mentioned employee's file will be made available upon request of the employee concerned. All requests must be in writing by the employee concerned.

ARTICLE 10 - SENIORITY 10.01 For the purposes of seniority, employees shall be divided into the following Seniority Groups

(Classifications): Group No. 1 -Kitchen Group No. 2 - Laundry Group No.3- Nursing Group No.4- Environment

10.02 The Employer shall maintain a seniority list showing the date upon which each employee's service commenced. An up-to-date seniority list shall be sent to the Association and posted on all bulletin boards in January of each year. Upon presentation of proof of error by an employee, or the Association, or the Employer, such error shall be corrected. For Part-Time employees, their position on the seniority list is detennined by the number of hours worked, with greater worked hours having more seniority.

10.03 Seniority of an employee shall be recognized within the bargaining unit. The length of the

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probationary period will be four hundred and fi.fty (450) worked hours. If more time is required in which to evaluate the probationary employee, the time required to re-evaluate the employee will be mutually agreed.

10.04 Probationary employees may be laid off or dismissed without cause, with the absolute discretion of the Employer. The layoff or dismissal of a probationary employee shall not be the proper subject matter of a grievance. It is understood that the Employer may discharge an employee at anytime for falsification of record. Probationary employees shall not be entitled to sick leave credits, jury duty/witness leave, bereavement leave, maternity leave, or to Employer contributions due to EHT premiums, or other benefits.

10.05 Upon satisfactorily completing the probationary period, employees will be placed on the seniority list, and their seniority shall date from the date on which they commenced their employment

10.06 An employee transferring between groups (for any reason) shall relinquish seniority gained in the fll'St group, and take last place in seniority in the group to which he moves. He shall retain Company seniority for purposes of vacation, paid holidays, benefits, and lay-offs.

10.07 An employee transferred to a position outside the scope of the bargaining unit will continue to accumulate seniority in the group from which he was transferred, for a period of one (1) year. After one (1) year he shall relinquish all accumulated seniority.

10.08 An employee will lose his seniority for any of the following reasons: 1. The employee resigns~

u. The employee is discharged and such discharge is not reversed through the grievance or arbitration procedure~

rn. The employee overstays a leave of absence or vacation without a cause acceptable to the Employer;

IV. The employee is absent for two (2) consecutive working days without notifying the Employer, unless reasons satisfactory to the Employer are given for the absence and the lack of notification;

v The employee accepts Full-Time employment with another Employer, at any time,

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except during lay-off;

vi The employee is laid off;

vu The employee is absent from work for a period of six (6) consecutive months with an illness that compensation cannot be obtained for from our joint Benefit Plan, W.S.I.B. or second party insurance from date of original injury as defined by W.S.I.B. will be-deemed to have voluntarily separated and his/her-employment tenninated.

viii The employee is on W.S.I.B., or Second Party Insurance from date of commencement for a two (2) year period unless the staff is on a modified work program by W.S.I.B.

10.09 An employee who has lost his seniority will be deemed to have terminated his employment.

ARTICLE 11 -POSTING AND FILLING OF POSmONS 11.01 Due to the nature of the Employer's operations, there may be a necessity, from time to time, for

temporary assignments which will not be considered in violation of the seniority principles as set forth in this Agreement. Temporary assignments may be made to cover needs such as vacancies due to vacations, emergencies, sudden increases or decreases in volume, and similar absences or manpower needs. The Employer will endeavour to distribute temporary assignments on an equitable basis, within the grouping of classification.

11.02 While an employee is assigned temporarily to a higher or lower classified job for one shift or more, he shall receive the higher rate or his/her regular rate whichever is greater for the job to which he/she has been assigned.

11.03 1. Subject to 11.01, in the event a new job is created or vacancy occurs, the Employer will post such new job or vacancy for a period of five (5) working days. Such notice shall contain the following information: group, required qualifications, shift, wage or salary rate or range.

u. Employees with seniority wishing to apply for the posted job shall do so in writing to the administration within the time period specified.

rn. An employee may not be eligible to bid or apply for a posted job under this Article:

(a) until he has completed eighteen hundred and sixty ( 1860) hours of employment with the Employer;

(b) for one (1) year from the date of any prior successful application under the Article iv. The Employer has the right to temporarily fill a vacancy as it sees fit during the posting

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period or until the posted job is ftlled, whichever is the greater. Such temporary arrangement shall not be made the subject matter of a grievance.

v. The Employer has the right to hire new employees to ftll the posted job if the Employer detennines that the applicants do not have the necessary ability, qualifications, and efficiency to perform the work required.

v1. Only the initial job or vacancy shall be posted. Vacancies arising after the filling of the initial vacancy shall be re-posted.

vii. A successful applicant under the foregoing job posting procedure will have his salary rate determined as follows:

(a) If the transfer is for the convenience of the Employer and if the rate of pay in the classification to which he is transferred is less than the employee's regular rate of pay, he shall receive his regular rate of pay but not the rate of the incumbent.

(b) If the transfer is for the convenience of the employee or to enable him to avoid lay-off, and if the rate of pay in the classification to which he is transferred is less than the employee's regular rate of pay, he shall receive such lesser rate.

(c) The point system implemented by the Employer will be maintained during the term of this contract.

Vlll. Employees are entitled to: with written request and approval from the Administrator, to change their master schedule when the contract is open for negotiations every 3 years with one change per employee.

11.04 Trial Period The successful applicant with the required qualifications shall be notified within one (1) week following the end of the posting period. He shall be placed on trial for a period of up to 450 worked hours. Conditional on satisfactory service, the employee shall be declared permanent after the period of up to 450 worked hours. In the event the successful applicant proves unsatisfactory in the position during the trial period, or if the employee is unable to perform the duties of the new job classification or not working the scheduled hours, he shall be returned to his fanner position, wage or salary rate and without loss of seniority.

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ARTICLE 12 - LAY-OFFS AND RECALLS 12.01 A layoff shall be defined as a reduction in the work force or a reduction in the regular hours of

work as defmed in this Agreement. 12.02 In the event of a layoff, employees shall be laid off in reverse order of seniority provided that

those employees being retained are qualified and are able to competently perform the work required.

12.03 Employees shall be recalled in order of their seniority provided that those being recalled are qualified and able to competently perform the work required.

12.04 No new employee shall be hired to fill a position until those laid off who have seniority have been given an opportunity for recall provided they are qualified and able to perfonn the work.

ARTICLE 13 - HOURS OF WORK AND OVERTIME 13.01 The Employer agrees that the nonnal working days for all Full-Time employees, covered by

this Agreement shall be 3.5, 4, 4.5 or 5 days per week, seven and one-half (7 Y2) hours or nine and one quarter (9.25) hours per day, constituting a 30, 32.38, 33.75, 37 or 37 Y2 hour work week, unless such an employee is directed to work overtime by the Employer. Each employee shall be granted one 30 minute or 45 minute unpaid meal period depending on shift worked.

13.02 All Full-Time employees covered by this Agreement shall be permitted one thirty (30) minute or two (2) fifteen (15) minute paid break periods to be taken at the discretion of the employee and/or employer to meet the needs of the Home, to be known as the"Break Period". Employees who work a minimum of six (6) hours will be entitled to one thirty (30) unpaid break period mid-way through their shift.

13.03 An employee (full time) shall be entitled to have at least every second (2nd) weekend off as long as the Lodge maintains full occupancy and the proper operation of the Lodge is not affected.

13.04 Every attempt will be made to schedule in such a way that there will be at least sixteen (16) hours between shifts.

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13.05 The work schedule for all Full-Time and Part-Time employees shall be posted in an appropriate place at least two (2) calendar weeks in advance. No changes to be made once the schedule has been posted unless by mutual consent of the Employer and the employee concerned. Employees may request 2 shift changes per month that require supervisors approval.

13.07 (a) Any work performed in excess of seventy-five (75) hours in any fourteen (14) day period or in excess of a seven and one-half (7 Y2) hour shift or nine and one quarter (9.25) hours in any one (1) day, or accumulating in excess of thirty-seven and one­half (37 Y2) hours per week shall be considered as overtime and paid at a rate of one and one-half times (1 Y2) the regular rate. All overtime must be authorized by the Employer.

(b) In lieu of payment, overtime may be banked by full-time employees. Banked time must be taken by mutual consent only. Banked time not used within three (3) months will be paid out. Overtime is to be paid at the rates agreed to, or time off is to be given in lieu of overtime as agreed by both parties.

(c) Where a Full Time employee has been required by the Employer to work more than five (5) consecutive days of seven and one half (7 Y2) hours or equalling thirty seven and one half (37 Y2) hours, the sixth (6th) will be paid for at the rate of time and one half (1 Yl) the employees regular rate of pay, only that day will be paid overtime, not succeeding days. If employee works more than four (4) consecutive days of nine and a quarter (9.25) hours, the fifth (5th) day will be paid at the rate of time and one half for that day only and not succeeding days.

13.08 Overtime will be assigned to employees normally performing the work in question. If the overtime is of a general nature and does not involve any particular employee or group, then the overtime work will be rotated equitably among those qualified employees who are then available in the basis of seniority.

13.09 A Part-Time employee working less than the regular working hours per day or week shall be paid straight time pay during his/her regularly scheduled Part-Time hours.

13:10 Shift Premiums: Every employee will be paid a premium for the Afternoon Shift (A)- anyone working the majority of their hours of the shift after 3 pm shall be paid $0.15/hour for the balance of the shift. Every employee will be paid a premium for the Night Shift (N) of $0.10 per hour.

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13.11 Call-back Guarantee If an employee is called back to work after leaving the premises of the Home, he/she shall be paid a minimum of two (2) hours at time-one-one-halJ: his regular hourly rate provided he/she remains on the Employer's premises for the two (2) hour period if required to do so, and is willing to perform the work assigned to them.

13.12 The Employer shall pay employees every two (2) weeks in accordance with Appendix "A" attached hereto and forming part of this Agreement. On each pay day each employee shall be provided with an itemiz~d statement Of·his ~wages, overtime and other supplementary pay-and deductions.

13.13 (a)

(b)

This Article only provides the basis for the calculation of time worked and overtime, and shall not be construed as a guarantee of the hours of work in a day or a week or a guarantee of days or work per week or otherwise.

Additional hours worked by employees who volunteer shall be paid at straight time.

13.14 If an employee has a shortfall in their pay of one or more shifts, the Employer shall pay the shortfall to the employee no later than two (2) business days of being notified by the employee.

ARTICLE 14- SAFETY AND HEALTH 14.01 The Employer and the Association wish to promote safe working conditions in the Home and

have agreed to the following procedure in order to further this goal:

1. Where an employee has reasonable cause to believe that his work place is unsafe he/she is required to report this fact immediately to his immediate supervisor.

11. Upon receiving such report his immediate supervisor shall investigate the situation as soon as possible in the presence of the employee and his Association representative.

rn. After such investigation, the immediate supervisor shall either:

(a) if he agrees with the employee's report, take such steps as are necessary in his/her opinion to make the work place safe; or

(b) if he disagrees with the employee's report, request the employee to return to work pending the resolution of the matter through the grievance procedure.

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14.02 In either event, the employee must return to his normal work place and resume his normal work duties. However, if he is dissatisfied with the decision of his immediate supervisor, or believes that the steps taken by the immediate supervisor are inadequate to make the work place safe, he may flle a written grievance requiring his immediate supervisor to notify the appropriate inspector under The Employee's Health and Safety Act 1976, whose decision with respect to the matter shall be fmal and binding.

14.03 Employees must attend Fire Safety inservices. Employees must complete mandatory Surge Learning Modules by October 1 of each year.

ARTICLE 15 - GENERAL CONDffiONS 15.01 Prooer Accommodation

Proper accommodation shall be provided for employees to have their meals and an area to change their clothes.

15.02 Bulletin Boards The Employer shall provide the Association with a bulletin board which will be for the sole purpose of passing on Association information, provided that all notices are signed by a Association official, and approved by the Administrator.

ARTICLE 16- PAID HOLIDAYS 16.01 (a) The Employer recognizes the following as yearly paid holidays for Full Time

employees: New Year's Day Family Day(3rd Monday in Feb) Good Friday Easter Sunday Victoria Day Dominion Day(July 1) Civic Holiday(lst Monday in Aug) Thanksgiving Day

Labour Day Remembrance Day Christmas Day Boxing Day 1 Floating Holiday

Holidays shall be paid for on the basis of seven and one-half (7 Y2) or nine and a quarter (9.25) hours at regular straight time hourly rate if not worked.

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16.01 (b) The Employer recognizes the following as yearly paid holidays for Part Time employees:

New Years Day Family Day(3rd Monday in Feb) Good Friday Victoria Day Dominion Day (July 1)

Labour Day Thanksgiving Day Christmas Day Boxing Day 1 Floating Holiday

Holidays will be paid at time and half (1 & 1/2) plus pro-rated holiday pay if worked. Holidays not worked will be paid on a pro-rated basis.

16.02 To qualify for payment of any of the holidays designated in this Article, the employee must work his regularly scheduled shift immediately prior to and his regularly scheduled shift immediately following the holiday.

16.03 Not withstanding the foregoing provisions of this Article, where a regularly scheduled shift starts on the night of the designated holiday, such hours of the shift as are worked on the holiday will not be paid for at premium rates, but shall be paid for at the employee's regular straight time hourly rate.

16.04 When an employee has to work on Christmas Day or New Year's Day, he/she will be provided with a free meal by the Home if he is on shift when meals are being served.

16.05 The Employer agrees to use his best efforts to ensure that employees have either Christmas Day or New Year's Day off in each year. Christmas and New Years' holidays shall alternate yearly. Employees with 15 years' service as of January 1, will have their choice of one or the other. Employees who wish to work both Christmas and New Year's, must make their intention known to the Administrator with reasonable advance notice. Employees will be selected by seniority, and by mutual consent. After 25 years service, employees may have Christmas and New Years off if replacement staff is available.

16.06 It is understood that employees whose regular shift begins at 11:00 p.m., the twenty-four (24) hour period for a Statutory Holiday for time-keeping purposes shall begin at 11:00 p.m. the day preceding the holiday to 11:00 p.m. the day of the holiday.

16.07 Compensation for Work on Paid Holiday A Full Time employee who works on a holiday shall be paid at the rate of time and one-half (l.5x) plus another day off with pay (if entitled), at a time mutually agreed.

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16.08 Failure to Reoort for Scheduled Work on a Paid Holiday An employee who is eligible for a paid holiday and is scheduled to work on the paid holiday and does not report for the scheduled work on the paid holiday, may at the discretion of the Employer, forfeit the holiday pay for that holiday.

16.09 Preference for Time Off on Paid Holidays If requested, preference for time off on paid holidays shall be given to employee in order of seniority. If staff does not come to work, they will need a doctor's note to receive holiday pay­if they do not have a doctor's note, they can use a sick day and be paid straight time. If they do not have any remaining sick days, then they will not be paid.

ARTICLE 17- VACATIONS 17.01 Vacations will be granted by the employer in accordance with the following:

(a) Employees with less than five (5) years service shall receive 4% of the gross earnings

(b) Employees with five (5) years service but less than ten (10) years service shall receive 6% of the gross earnings

(c) Employees with ten (10) years service, but less than fifteen (15) years service shall receive 8% of the gross earnings

{d) Employees with fifteen (15) years service but less than twenty five (25) years service shall receive 10% of gross earnings

{e) Employees with twenty five (25) years of service or more shall receive 12% of gross earrungs

CO If the employee has one (1) month or more of consecutive illness time off, the vacation time will be adjusted according to time worked on gross earnings. If maternity leave is taken, vacation time will be carried forward on the return to work.

(g) - The yearly vacation year runs from January to December.

17.03 The time of vacations will be arranged between employees and their respective supervisors, and the choice of vacation times shall be in accordance with seniority. The Employer shall post a list of employee's annual vacation entitlement during the early part of March every year for 2 weeks to allow staff to book their preference for vacation. This will be used as a guide for scheduling. Vacation requests are to be given to supervisors as soon as possible for approval.

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17.04 (a)

(b)

Any employee who leaves the Home for whatever reason shall be paid their vacation allowance as provided herein.

On the death of an employee, the vacation allowance will be paid to the employee's estate.

17.05 For the purpose of calculating eligibility, the vacation year shall be the period from the employee's date of last hire.

17.06 Comoensation for Holiday Falling Within Vacation Schedule If a paid holiday falls or is observed during an employee's vacation period, the employee shall be pennitted an additional vacation day with pay at a time mutually agreed upon between the employee and the Employer.

17.07 Part time employees shall receive vacation entitlement as per 17.01 and be paid as vacation days taken. Vacation days will be adjusted according to number of shifts/hours worked in a biweekly period.

17.08 Employees vacation entitlements must be taken each year. Vacation cannot be taken in advance without written approval from supervisor prior to schedule being posted. Vacation must be and can only be taken in time.

17.09 No employee shall be requested to work during his/her scheduled vacation period. However should an employee agree to work, he/she shall be paid at time and one half (1.5x) the regular rate of pay, plus one vacation lieu day off for each day on which work was performed.

17.10 Vacation prime time is the period of July! to August 31 inclusive; - Summer prime vacation time equals a minimum of time off: 8 hour shifts= 4 working days (30 hours), 10 hour shifts= 3 working days (27.75 hours) until everyone has summer vacation time off,

3 weeks off for employees if requested and staffing available according to seniority. - 1 vacation day will be allowed for specific appointments and if no sick leave - Vacation requests must be dated and signed and first come, first served according to date signed. Seniority rules if more than one person requests time off. - Part Time employees days off are not counted as vacation days.

17.11 Vacation days will be paid to Full Time employees as vacation days taken

17.12 Employees "second shift" cannot be taken as a vacation day.

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17.13 Vacation Time will not be allowed during the Christmas and New Year's season to allow all staff time off. The following schedule will apply for this contract:

Christmas 2015- No vacation can be taken between December 19, 2015 and January 4, 2016.

Christmas 2016- No vacation can be taken between December 18,2016 and January 3, 2017.

Christmas 2017- No vacation can be taken between December 17,2017 and January 3, 2018.

ARTICLE 18 -FRINGE BENEfiTS 18.01 Sick Leave Defined

Sick leave shall be considered to mean the period of time an employee is absent from work because of sickness or disability or because of an accident from which compensation is not being paid under the WSIB Act. The employer may request a Dr's note every 30 days.

(a) All Full-Time employees covered by this Agreement after completing their probationary period shall accumulate sick leave at the rate of one-half (!t2) day per month to a maximum accumulation of six (6) working days per year.

All Part-Time employees covered by this Agreement after completing their probationary period shall accumulate sick leave at the rate of three (3) days per year.

(b) Any unused sick time will be paid to the employee once on the last pay in December yearly. The formula for payment for unused sick leave will be paid 100% of the unused sick days.

(c) Sick days will be allowed to be taken as needed. If an employee leaves our employment and has been paid out more sick days per year than accrued, amount owed will be deducted from last pay.

18.02 An employee's return to work after sick leave will be conditional on his supplying, when requested, a certificate from a physician stating that he is fully recovered and capable of assuming full duties. Failure to provide this certificate when requested will be sufficient evidence for the Employer to deny the employee work at the Home.

(a) An employee off sick in excess of one (1) month must notify the Administrator at least two (2) weeks in advance of his or her return to work.

(b) Fraudulently applying for and obtaining sick leave may be cause for discipline up to and including discharge.

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18.03 (a) If a Full-Time employee indicates to the Employer that due to illness or injury they are unable to work 9 (8 over 20 years) or 10 shifts per pay for a short period of time, then the employee must submit a physician's note every month to the Employer indicating why the employee must continue to work a decreased number of shifts.

(b) If a Full Time employee works less than 9 (8 over 20 years) or lO shifts per pay for a period of 1 year the employee must go to Part Time until such time as she/he is able to -return10 Full-Time status of8; 9-or 10 shifts per pay~

18.04 The Employer will continue to provide a Group Health Plan which includes Dental, Medical, Travel Insurance, Life Insurance and A.D.&D. (Accidental Death and Dismemberment). The Dental and Medical will be on a (25% paid by the employeesn5% paid by the Employer) cost shared basis. Each employee shall receive a copy of the Group Health Plan on request.

* All Association employees must enroll in the Group Health Plan unless the employee provides proof of insurance coverage from their spouse's Employer. Both Dental and Medical will be on a 35% paid by the employee and 65% paid by the employer on a cost shared basis. * E filing for dental when available. *If you retire from Groves Park Lodge benefits are available until age 70- 100% paid by the

employee

R.R.S.P. Pension contributions shall be as follows:

L Enrolment in the plan is voluntary for all Full-Time or Part-Time employees working a minimum of twenty (20) hours per week.

2. All eligible Full-Time and Part-Time employees shall contribute 5% of their gross earnings to the "Plan" through payroll deduction. The Employer will match this contribution.

3. Nothing shall preclude an employee from voluntarily contributing amounts in excess of the above percentage contributions. But the Employer shall not be required to match these voluntary contributions.

4. Withdrawal of any contribution is restricted to Home Purchase, termination, or transfer to another financial institution only, whether they are matched contributions or amounts in excess of such.

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ARTICLE 19- LEAVE OF ABSENCE 19.01 Leave of Absence Without Pay

(a) The Employer may grant leave of absence without pay and without loss of seniority to any employee requesting such leave for good and sufficient cause, such request to be in writing and approved by the Employer. Approval for such leave shall not be withheld unreasonably, and shall depend, among other things, on the reasonable needs of the Employer to maintain an efficient operation.

(b) While on leave of absence without pay the Employer and the employee shall continue to pay equal contributions for any shared Benefit Plans effective in the home. Failure by the employee to pay the required contributions shall be deemed to be the termination of the Benefit Plan.

(c) If leave of absence is more than six (6) months, the employee shall pay 100% of the Benefits Plan.

(d) If the payment is not received by the end of the month, a maximum fifteen (15) day's grace period can be allowed after which time management has the right to cancel the policy.

19.02 Personal Leave Employees may be granted 10 personal leave (short term) days per year on a without pay basis for emergency personaVfamily reasons. Short term personal leave;

1) will be granted for weekends if staffing permits, 2) cannot be taken all at once, 3) must be prior approved by the Administrator.

19.03 Association Leave The Employer may grant leave of absence without pay or loss of seniority to one (1) employee at any one time to attend Educational sessions which shall not be unreasonably denied. Such leave must be applied for at least two (2) weeks in advance and all leaves for all employees shall not exceed twenty (20) working days per year.

19.04 Bereavement Leave Full Time and Part-Time employees are entitled to the following bereavement leave according to paragraph a, b, c, and d.

(a) If a death occurs in the "immediate family" of an employee, said employee shall be granted four (4) days' leave of absence effective midnight following the death and shall be paid for tours of duty the employee would be normally scheduled to work during the four (4) days' leave. The term "immediate family" shall be limited to spouse, fiancee, parent, children, guardian, common-law spouse, brother or sister.

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(b) In the event of a death of a member of the "family" of an employee, the Employer agrees to pay the said employee up to three (3) days at their basic hourly rate as per scheduled to work. The term ''family~~ shall be limited to mother~in-law, father~in-law, step-parent, grandparent and grand- children, brother-in-law, sister~in-law, common law spouse at least one year, children of employees spouse or common law partner, common law mother-in-law and common-law father-in-law, and any relative that lives in household permanently.

In-the-event of a death of an Aunt or Uncle of the employee, the-Employer agrees to-pay the said employee one (1) day at the basic hours rate as per scheduled to work

(d) The bereavement leave shall be consecutive and include the day of the funeral, and -the day immed~ately preceding the funeral. Such of these days as are regularly scheduled working days, shall be paid to the employee at the applicable rate.

(e) In the event of a death within the family of an employee, the employee, to qualify for such pay, will notify the Employer on the date of the death of such relative, or on the first working day following the date of the death.

(t) 1 day can be carried forward for a Memorial Day or Delayed Burial.

MATERNITY. PARENTAL & ADOPTION LEAVE 19.05 Maternity Leave

(a) An employee shall, no later than the flfth (5th) month of pregnancy, forward to the Administrator or delegate, a written request for leave of absence, or give notice of intention to resign. The Employer shall not terminate the employment of an employee who has been an employee because of the employee's pregnancy, but the Employer, before or after the commencement of the period referred to in 19.05(b), may require the employee to commence leave without pay at a time when the duties of her position cannot reasonably be performed by a pregnant woman, or the employee's work is materially affected by the pregnancy.

(b) A leave of absence, without pay, shall be granted after one (1) year's service from the date of employment upon written request of a pregnant employee, accompanied by a medical certificate from a legally qualified medical practitioner stating that the employee is pregnant and specifying the date, in his/her opinion, when delivery will occur. The request will be made to the Administrator or delegate at any time from a date sixteen (16) weeks before the specified date of delivery for a period

(l) of thirty-four (34) weeks to be taken as unbroken leave and without the employee returning to work between portions of the leave except as provided in Article 19.05(g); or

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(2) to a date seven (7) weeks after the date of actual delivery; or (3) for any shorter period.

At the option of the employee except that an employee shall not work, and the Administrator shall not cause or permit the employee to work for at least seven (7) weeks after the date of actual deli very or for a shorter period that in the written opinion of a legally qualified medical practitioner

is sufficient (c) Where an employee reports to work upon the expiration of the same period in 19.05(b)

the employee will resume work in the same position she held prior to the commencement of the maternity leave or where that position is not available, in a comparable position with not less than the same salary and benefits, and with no loss of seniority or benefits accrued to the commencement of the maternity leave.

(d) To continue coverage during the period of leave the employee shall pay the employee's shares of the dental and group life insurance and disability premiums. The Employer will continue to pay its share of the premiums. If not paid within thirty (30) calendar days, coverage will lapse.

(e) Vacation, sick leave & other related credits will not accrue during this leave

(f) An employee wishing to return to work prior to the expiry date of her maternity leave shall provide the Employer with at least four (4) weeks written notice.

(g)(l) Notwithstanding Article 19.05(b)(l) where an employee has begun maternity leave pursuant to that Article and the child to whom the leave relates is hospitalized for a period exceeding or likely to exceed one (1) week, the employee is entitled to return to and resume work in accordance with Article 19.05(c) and defer the unused portion of the leave until the child is discharged from the hospital upon giving the Employer the notice as per Article 19.05(f).

(2) An employee is entitled pursuant to Article 19.05(g)(l) to only one (1) interruption and deferral of maternity leave.

19.06 Parental Leave (a) Where Article 19.05 does not apply, an employee who becomes a parent through the

birth of a child or children or who becomes a parent through the adoption of a child in accordance with Article 19.07(a)(2) is entitled to an unpaid leave of absence of up to seventeen (17) weeks.

(b) The leave may begin on or after the date on which the child or children first arrives in the employee's home and must end not later than seventeen (17) weeks after the leave

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begins or fifty-two (52) weeks after the child or children first arrives in the employee's home, whichever is sooner.

(c) When an employee returns to work upon the expiration of the period of 19.06(a) or returns to work pursuant to Article 19.06(d), the employee shall resume work in the same position held prior to the commencement of the leave or where that position is not available, in a comparable position with not less than the same salary and benefits, and with no loss of seniority or benefits accrued to the commencement of the leave.

(d)(l)_Notwithstanding.Articlill.06(b), where.an employee. has begun parental leave-and th child to whom the leave relates is hospitalized for a period exceeding or is likely to exceed one (1) week, the employee is entitled to return to and resume work in accordance with Article 19.05(c) and defer the unused portion of the leave until the child is discharged from the hospital upon giving notice as per 19.06(g).

(2) An employee is entitled pursuant to Article 19.06(d)(l) to only one (1) intenuption and deferral of parental leave.

(e) To continue coverage during the period of leave the employee shall pay the employee's shares of the dental and group life insurance and disability premiums. The Employer will continue to pay its share of the premiums. If not paid within thirty (30) calendar days, coverage will lapse.

(t) Vacation, sick leave & other related credits will not accrue during this leave.

(g) An employee shall give four (4) weeks written notice of the date that Parental Leave commences and the date that the employee intends to return to work. (This notice also applies to Adoption Leave.)

19.07 Adootion Leave (a)(l) The Employer shall, upon request of an employee and receipt of a certificate from the

Administrator of Family and Children's Services, stating the said employee has flled a notice of proposed adoption, under the Adoption Act, for a child, grant the employee a leave of absence without pay for a period not to exceed nine (9) months. If both adoptive parents are eligible for leave under a collective Agreement(s) with the Employer, the provisions of this Article shall be only available to one (1) of the employees.

(2) The other adoptive parent shall be eligible for Parental leave pursuant to Article 19.06.

(b) An employee shall be granted one (1) day's leave with pay for the purpose of adoption of a child. This leave may be divided into two (2) periods and granted on separate days. If both adoptive parents are eligible for leave under this Agreement, the amount of paid leave taken under this clause by either one or both parents, shall not exceed one (I) day.

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(c) To continue coverage during the period of leave the employee shall pay the employee's shares of the dental and group life insurance and disability premiums. The Employer will continue to pay its share of the premiums. If not paid within thirty (30) calendar days, coverage will lapse.

(d) Vacation, sick leave & other related benefits will not accrue during this leave.

19.08 Jury Dutv/Subooenaed Witness Leave When an employee is required to serve on a Jury, or as a Subpoenaed Witness, she shall be relieved of her duties for such time as it may require, and she shall be paid the difference between her fee as a juror or witness, and her earnings for the time lost. It is the employee's responsibility to come into work at any time during the week that she is not actually required for Jury Duty, or to be present at Court. If she has served only four hours or less of jury duty, then she is required to report to work for the remainder (4 hours) of her shift, if not in her own position, then helping out where required.

19.09 When an employee is off work from the Home due to illness or injury, the Employer must receive a physician' s note every month to update the Home on his/her condition.

ARTICLE 20 - CHANGED CLASSIFICATIONS 20.01 In the event that a changed occupational classification is decided upon by the Employer as

necessary to its operation, then the work, the job title, and wage rate shall be first determined and acted upon by the Employer for the purpose of assigning an employee and proceeding with the task to be then performed. Thereafter the Employer shall immediately notify the Association of the action taken. If no fonnal protest is lodged in writing to the Employer by the Association within one month of the date of such notice, the changed occupational classification shall be deemed to have become a modification of Appendix A of this Agreement.

In the event a fonnal protest is made by the Association the parties shall arrange for a meeting for the purpose of endeavoring to resolve any difference. If such differences between the parties are not resolved by this means within thirty (30) days, then the dispute may be submitted to arbitration in the same manner as a grievance.

ARTICLE 21 -RESIGNATION FROM EMPLOYMENT 21.01 The Employer and the employee are required to give at least two (2) weeks notice to one

another in writing as the case may be, before termination of employment, unless such termination is for disciplinary action.

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Food Service Worker

Cook (with certificate)

-Cook-(without certificate) Envirorunent

PSW

PSW (without certificate) RPN

Food Service Worker

Cook (with certificate)

Cook (without certificate) Envirorunent

PSW/HCA

PSW (without certificate)

Current

22.30

22.55

..22.39

22.14

22.34

22.14

26.22

Current

21.35

22.13

21.72

21.20

21.37

21.20

Full Time Pay Scale

2015

22.58

22.83

- _22.67

22.42

22.62

22.42

26.55

Schedule B Part Time Pay Scale

2015

21.62

22.41

21.99

21.47

21.65

21.47

-

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2016 2017

22.92 23.38

23.17 23.63

_23.0L _23.41 -

22.76 23.22

22.96 23.42

22.76 23.22 I

26.95 27.49

2016 2017

21.94 22.38

22.75 23.21

22.32 22.77

21.79 22.23

21.97 22.41

21.79 22.23

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ARTICl,B 22- TERMS OF AGRBRMBNT 22.01 ptiption

All Articles of this Agreement and Appendices hereto shall remain in full force and effect from the 1st day of January 2012 until and including the termination date of December 31• 2014 and from year to year thereafter, unless either Party gives notice in writing not mare than ninety (90) days and not less than thirty (30) days prior to the termination date of December 31• 2014 or the termination date in any subsequent year of the Parties desire to change, add to or amend this Aareement In the event no such notice is given by either Party. this Aareement will remain in full force and effect from year to year thereafter.

Within twenty (20) days from the receipt of such notice, both Parties shall meet for the purpose of negotiatina amendments to this Agreement or a new A&reement

22.02 Changes in Afll"A!!ltmt Any changes deemed neccSSBlJ in this Agreement may be made by mutual agreement at any time during the existence of this Agreement

22.03 Printing of ARremnr.nt The Association and Employer desire every employee to be familiar with the provisions of this Agreement and his rights and obligations under it. For this reason, the Employer shall print at a cost shared with the Association, sufficient copies of the Agreement within sixty (60) days of execution.

DATED AT: Renfrew Ontario, 'Ibis I (R-Ik Day of~~

Donna Pinkham RN - Admjnistrator

EMPLOYEES' ASSOCIATION OF GROVES PARK LODGE

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