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COLLECTIVE AGREEMENT Between Kawartha Participation Projects {Hereinafter referred to as the "Employer"} -AND- Service Employees International Union, Local 1 Canada {Hereinafter referred to as the "Union"} April 1, 2016 to March 31, 2020

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Page 1: COLLECTIVE AGREEMENT Between Kawartha Participation ... Health Care... · 6.05 Monthly deductions shall be made and forwarded to the Secretary Treasurer of the local Union on or before

COLLECTIVE AGREEMENT

Between

Kawartha Participation Projects {Hereinafter referred to as the "Employer"}

-AND-

Service Employees International Union, Local 1 Canada {Hereinafter referred to as the "Union"}

April 1, 2016 to March 31, 2020

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TABLE OF CONTENTS

Article 1 - Recognition and Scope ............................................................... ....................... 3 Article 2 - Definitions ...................................................... ......... ................. ......................... 3 Article 3 - No Discrimination ................................................................ ...... ........... ............ 4 Article 4 - Strikes and Lockouts .................. ............. ..... ..... ....... .............. ..... ... ............... .... 4 Article 5 - Management Rights .............................................................. ............................. 4 Article 6 - Union Security ................................................ ............................................ ...... 5 Article 7 - Representation ........... .................. .. ........................ ....................................... ..... 6 Article 8 - Union Representation ........................................................................................ 7 Article 9 - Grievance Procedure ....... ........................ ................. ....... ................ ............... ... 7 Article 10 - Arbitration .......................................................................... ............................. 9 Article 11 - Seniority ................... ................. .. .................. ......................... .. ........... .......... 10 Article 12 - Layoff & Recall ...... .. ................... ............... ......................... ................ .......... 11 Article 13 - Leave of Absence ........................... ................. .............. ................ ............. ... 12

13.08 Emergency & Family Medical Leave ............................................................ 13 13.09 Union Leave .................. ............................... ............... ............ ........... ............ 13 13. l 0 Pregnancy/Parental Leave ......................... ........... .............. ............................ 14 13.11 Adoption Leave .......................... ................ ............................ ..... ................... 14 13.12 Jury Duty/Witness Duty .......................................... ..... ....... .............. ............. 14 13.13 Bereavement Leave ............................................ ............................................ 14 13.14 Notice of Return .... ............. . .. ............ ....... ........ . .... ......... ........ 15

Article 14 - Joint Health & Safety Committee ................................. ...................... ....... .... 15 Article 15 - Labour Management Committee & Negotiating Committee ....... ................. 16 Article 16 - Public Holidays ............................................................................................. 16 Article 17 - Vacation ......................................................................................................... 17 Article 18 - Vacancies, Job Posting, Promotions and Transfers ................................... .... 19 Article 19- Hours of Work, Rest Periods & Overtime .... ................................................ 20

19.03 Rest Periods ................................................................. .................................. 22 19.04 Overtime ........................................................ .......................................... ...... 22 19.05 On-Call ............................................................................... ............................ 22 19.06 Call In/Call Back Compensation .................... ....... ....... ...... ..... ................. ..... 23 19 .07 Relief Coverage ...... .................... ............... ................... ................ ..... ........... . 23

Article 20 - Travel Compensation .................................................... ................................. 24 Article 21 - Employee Benefits ...... ........... ....................... .. .... ...................................... ..... 25

21.01 Sick ................................................................................................................ 25 21.02 Ontario Health lnsurance Plan .................. ............. .............. .......................... 27 21 .03 Benefits ................ ..................................... ............. ........................................ 27 21.04 R.R.S.P. Plan ....... ......................................... ..................... ............................. 28 21 .05 Nursing Home & Related Industries Pension Plan ................................... ..... 29

Article 22 - Miscellaneous ........ ................... ..................................................................... 31 Article 23 - Duration .................................... ........... .......................................... ..... ........... 32 Article 24 - Wages and Classifications ............................................................................. 32 Article 25 - Training & Development.. ......................................................................... .... 32 Article 26 - No Contracting Out ...................................... ...... ...................... ................. .... 34 Letter of Intent .. . . . .. ........... . .... .. ............. . .... ........ ... ..... .... ... . ..... .. .. . . ...... ... 35 Wage Grid ... ............ .... .................................... ............................................................ 37

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Collective Agreement

Between

Kawartha Participation Projects {The "Employer"}

-AND-

Service Employees International Union, Local 1 Canada {The "Union"}

Whereas the purpose of the agreement is to establish an orderly collective bargaining relationship between the Employer and all Employees represented by the Union while recognizing the special relationship which exists between the clients and the Employees;

AND Whereas, based on this special relationship, this Agreement is intended to encourage a harmonious working environment while recognizing and promoting the principles and integrity of the Personal Outcomes Philosophy for clients;

AND Whereas, it is agreed that the purpose of the Personal Outcome Measures philosophy is to promote individual human rights and provide an atmosphere and environment where clients are supported to exercise their rights and responsibilities as individual citizens of the general community;

AND Whereas it is agreed that this preamble is not intended to minimize any rights which exist under this Collective Agreement and/or any legislation.

NOW THEREFORE the parties hereto agree as follows:

Artjc!e 1 - Recoqnjtjon and Scoce

1.01 The Union is hereby established as the sole collective bargaining agency for all Employees of Kawartha Participation Projects in Peterborough, Haliburton, Victoria County (City of Kawartha Lakes), and Northumberland Counties, save and except Supervisors, all persons above the rank of Supervisor, registered nurses and registered practical nurses working in a nursing capacity, office and clerical persons, superintendent( s).

Artjc!e 2 - Qefinjtjons 2.01 The term "employee" as used in this Agreement shall mean only those

Employees who are included in the bargaining unit, as described in Article 1.01 above. For the purposes of interpretation, whenever the feminine gender is used in this agreement, it shall be deemed to include the masculine, and the singular shall include the plural and vice-versa, wherever the context so requires.

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2.02 The Union is hereby recognized as the sole collective bargaining agent for all bargaining unit Employees as described in article 1.01.

2.03 Throughout this collective agreement "working days' are defined as Monday to Friday, 8:30 a.m. to 5 p.m., excluding Saturday, Sunday and paid holidays.

2.04 Notwithstanding Article 1.01, Community Placement Students and persons employed in positions funded by specific grants or funds outside of the annualized operating budget of the Agency will not be considered part of the Bargaining Unit. Bargaining unit Employees may compete for and be awarded positions funded outside of the annualized operating budget of the Agency, subject to the requirements of the position. Article 18 does not apply. When the funding expires, the bargaining unit employee may return to the bargaining unit. While in this position, no rights under the Collective Agreement will obtain save and except that bargaining unit Employees may grieve a termination of their employment only from K.P.P.

Article 3 - No pjscrjmjnatjon

3.01 Each of the parties hereto agree that there will be no discrimination, interference, restraint or coercion exercised or practiced upon any employee because of membership in the Union or because of her activity or lack of activity in the Union.

Article 4 - Strikes and Lpckoyts

4.01 The Union agrees that it will not cause, direct or consent to any strike, slow down, sit-down or other collective action on the part of any employee(s) during the term of this Collective Agreement. The Employer agrees there will be no lockout of the Employees or other similar action. The word "strike' and the word' lockout' shall have the meaning as set forth in the Labour Relations Act. as amended.

Article 5 .. Management Rights

5.01 The Union recognizes that the management, supervision and direction of the workplace is fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited in this Collective Agreement. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency;

(b) hire, discharge, direct, classify, transfer, promote, demote, layoff and suspend or otherwise discipline Employees for just cause provided that a

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claim that an employee has been unjustly discharged or disciplined may be the subject of a grievance and dealt with in accordance with the grievance procedure. The parties agree that probationary Employees may be discharged and/or disciplined and that such Employees do not have recourse to the grievance procedures so long as not discriminatory, arbitrary or in bad faith for discharge and/or discipline;

(c) establish and enforce reasonable rules, regulations, policies and practices to be observed by Employees, provided that they are not inconsistent with the provisions in this agreement;

(d) determine, in the interest of efficient operations and highest standards of service, the classifications, hours of work, assignments, methods of doing the work, scope of services to be provided to clients, and the working establishment for any service;

(e) generally to manage and operate the Attendant Outreach and Supportive Housing Services in all respects in accordance with its client service contracts & client service needs and, without restricting the generality of the foregoing, to determine the kinds and locations of machines, equipment to be used, services to be provided and the manner in which they are provided consistent with the mission, goals and objectives of KPP, the allocation and number of Employees required from time to time, the standards of performance for all Employees and all other matters concerning the Employer's operations not specifically dealt with in this collective agreement.

Artjcle 6 - Unjon Securjtv

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

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

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

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

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6.05 Monthly deductions shall be made and forwarded to the Secretary Treasurer of the local Union on or before the 151h of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues the month following with the reason why dues were missed.

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

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

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

Artjcle 7 - Reoresentation

7.01 No individual employee or group of Employees shall undertake to represent the Union at meetings with the Employer without proper authorization from the Union. In order that this may be carried out, the Union will supply the Employer with the names of its business representative. Similarly, the Employer will supply the Union with a list of its Management personnel with whom the Union may be required to transact business. Such lists shall be supplied in January of each year or when changes occur.

7.02 a) Union Stewards

The Employer acknowledges the right of the Union to appoint or to otherwise select up to four (4) Stewards, one of whom shall be designated as the Chief Steward, to assist Employees in presenting their grievances, to the representative of the Employer, under the Grievance Procedure and to be the bargaining committee.

The Union acknowledges that the stewards must continue to perform their regular duties, and that as far as possible all activities of the stewards will be carried on outside of the regular working hours of the members thereof, unless otherwise mutually arranged and agreed.

The Employer shall be advised of the names of the Stewards and shall be notified of any changes from time to time.

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Artjcle 8 - Unjon Reocesentation

8.01 a) The Employer agrees that whenever an investigation meeting or a disciplinary meeting is held with an employee, and whenever discipline is imposed, the employee and Union Steward shall be advised in advance of the purpose of the meeting, the employee shall have the right to the presence of his or her Union Steward and the employee shall be advised of the right to have a Union Steward present as a witness and to act as the employee representative.

b) In the event a steward is not available, the Union will bring this to the attention of the Employer. The meeting will then be postponed until the steward is available however, such meeting must be held within 2 working days of the original meeting date.

c) Where the Employer feels that the maintenance of good order in the work place requires a meeting with the employee for the purpose of administering discipline in the form of a suspension or discharge, a steward shall be present and a copy of the notice will be provided to the Union as well.

d) The Employer will pay the wages of the Union stewards for their attendance at a discipline or grievance meeting. The Union agrees that it is responsible for paying the wages of a Union steward or representative in any process following the referral of a grievance to arbitration.

e) All discipline shall be removed from an employee's personnel file after eighteen (18) months if they remain discipline free.

Artjcle 9 - Grjeyance Procedure

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

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

9.03 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his/her immediate supervisor the opportunity of adjusting his/her complaint. The griever may have the assistance of a Union Steward if s/he so desires.

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

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

Step 1 A Union steward may submit the signed, written grievance to the immediate supervisor or designate. The griever may accompany the Union Steward. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then:

Step 2 Within five (5) days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Human Resources Department.

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

The decision of the Employer shall be delivered in writing to the Union Steward and Union Representative within ten (10) days following the date of such meeting.

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

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

It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which s/he could have instituted himself/herself and the regular grievance procedure shall not be by-passed.

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9.05 Group Grievance Where a number of Employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, to Employer or designee within ten (10) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the Union. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance.

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

9.07 (a) Failing settlement under the foregoing procedure any grievance may be submitted to arbitration as provided in Article 10. Timelines may be extended by mutual agreement of the parties.

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

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

9.09 It is understood that the Employer may bring forward a grievance alleging a violation of the collective agreement by the Union and that if such complaint is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee.

Artjcle 1 O - Arbitcatjon

10.01 When either party submits a grievance to Arbitration it shall advise the other party in writing and endeavour to submit a list of not less than three arbitrators. Within five (5) days thereafter, the other party shall agree to one of the proposed names or, in the alternative, respond with not less than three names.

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If the parties fail to agree on a chairperson as herein required, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure.

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

10.03 Each of the parties hereto will share equally the fees and expenses.

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

10.05 The proceedings of the Arbitration will be expedited by the parties hereto and the decision of the Arbitrator, will be final and binding upon the parties hereto and the employee or Employees concerned.

Article 11 - Seniorjtv

11 .01 The parties agree with reference to probationary Employees that;

a) All Employees, until they have been employed by the Employer for 6 months, shall be probationary Employees.

b) During the probationary period, the probationary employee shall have no seniority standing~ Employees who have completed said probationary period and have been retained by the Employer at the expiration thereof, shall be credited with seniority back to their date of hire.

11 .02 The Employer shall provide the Union with an electronic copy of the Seniority List. The list will depict seniority based on date of hire and shall include: employee name, date of hire, and job status (full-time or part-time). The list shall be provided by January 31st, May 31st and September 30th.

11 .03 An employee shall lose all seniority and be deemed to be terminated if she:

a) quits;

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

c) is absent from scheduled work for a period of three (3) or more consecutive days without notifying the Employer of such absence and providing a reason satisfactory to the Employer;

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d) fails to return to work upon the expiration of a leave of absence unless mutually agreed upon;

e) has been laid off for the lesser of her length of seniority or twenty-four (24) months;

f) fails, upon being notified of a recall by registered mail, to signify her intention to return within three (3) working days after she has received a notice of recall;

g) fails to report to work within three (3) working days after she has received a notice of recall by registered mail. In circumstances where the employee is working for another Employer during a period of lay-off, the Employer may extend the reporting period to a maximum of ten (10) days;

h) A relief employee who has refused work offered by KPP for a six-month period will have their employment terminated.

11.04 Seniority shall continue to accumulate in the following circumstances:

a) When absent from work due to layoff, accident, sickness or disability in which case seniority shall continue to accumulate for a period of twenty­four (24) months;

b) When off temporarily due to a paid leave of absence, including pregnancy/parental leave;

c) When absent from work due to vacation, paid holidays or other paid leave of absence.

Article .12 - layoff & Reca11

12.01 In advance of any multiple lay-off notices (more than one) being issued, the Employer shall notify the Union twelve (12) weeks in advance in order to allow the Union an opportunity to make representation in response to the lay-off.

12.02 a) In the event that a reduction of the work force is required, the Employer

agrees to lay-off Employees in reverse order of seniority provided that Employees who remain are capable, qualified and respect client service needs to do the work available.

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b) When recalling Employees after lay-off, those last to be laid off will be first to be recalled provided that the employee to be recalled is capable, qualified and respect client service needs to do the work to which she may be assigned. Subject to client service needs and further that there is no additional cost to the Employer, probationary Employees will be laid off before seniority Employees. For the purpose of this article, a reduction of hours does not constitute a lay off.

c) Full-time and part-time Employees shall be laid off separately in accordance with the following:

1. Full-time Employees may displace only other full-time Employees, except that the least senior full-time employee may displace the most senior part-time employee.

2. Part-time Employees may displace only other part-time Employees;

3. One "bump" only shall be permitted; "chain" or "railroad" bumping shall not be permitted;

4. An employee who is displaced either by a more senior employee or as a direct result of a reduction of Employees, shall be placed on the relief list and shall be subject to the Employer's Policy in respect of relief Employees;

5. The displacement of Employees as a result of this procedure remains subject to the criteria in paragraph a & b above

12.03 Except in cases of emergency the amount of notice an employee who is laid off will receive shall be as much as possible, however, in the case of an indefinite lay-off, (exceeding 13 weeks) Employees with less than three (3) years employment shall be given no less than three (3) weeks' notice, and Employees with three (3) or more years of employment shall be given no less than eight (8) weeks' notice or pay in lieu thereof.

Article· 13 - Leave of Abaence

13.01 The Employer may, at its discretion, grant unpaid leaves of absence to Employees covered by this collective agreement. The Employer shall be reasonable in considering such requests. Requests for leaves of absence shall be in writing and shall state the reason for requesting a leave. No leave of absence will be approved which exceeds nine (9) months duration.

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13.02 All Employees must request a leave of absence in advance of the leave by completing the Request Time-Off Form and submitting it to their respective Manager stating the reason for the requested leave including the specific dates of the leave.

13.03 In exceptional circumstances, a leave of absence may be extended upon written application to, and receipt of written approval from, the Human Resources Manager. Application for extension for a leave of absence must be received by the Human Resources Manager as applicable, at least two (2) weeks prior to the expiration of such leave.

13.04 All leaves of absence granted for any reason will be without pay. Employees on an approved leave of absence will not be covered under the Group Benefit Plan and the Employer will cease to make premium payments on behalf of Employees on a leave of absence. The employee's coverage will be continued until the end of the month in which he/she was granted a leave of absence. Employees at their discretion may continue benefits by indicating a willingness, in writing, to cover premium cost, subject to the terms and conditions of the relevant plan of insurance.

13.05 Employees on leave of absence will not accrue seniority nor vacation credits during the duration of the leave.

13.06 An employee's employment with KPP will terminate if the employee fails to return to work upon expiration of a leave of absence.

13.07 Employees who are on leave of absence will not utilize the leave for any purpose other than that approved. Employees utilizing a leave for any other purpose than that approved will be subject to discipline, up to and including discharge.

13.08 Emergency & Family Medical Leave Emergency and Family Medical Leave shall be granted in accordance with the Employment Standards Act.

13.09 Union Leave The Employer shall grant a leave of absence without pay to attend Union conventions, educational sessions or other Union business provided that such leave will not interfere with the efficient operations of the Employer. Such leave must be applied for a minimum of ten (10) working days in advance in writing to the Employer in making application for leave of absence for Union business. It is understood the leave of absence shall be granted to no more than four (4) Employees at a time and will not be requested on more than two (2) occasions in one (1) calendar year. Total accumulative leave shall not exceed twenty (20)

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days in one calendar year. The Employer shall pay the employee for all lost wages and invoice the Union.

13.10 Pregnancy/Parental Leave Pregnancy/Parental Leave shall be granted in accordance with the Employment Standards Act.

13.11 Adoption Leave Adoption Leave shall be granted in accordance with the Employment Standards Act.

13.12 Jury Duty/Witness Duty If an employee is required to serve as a juror in any court of law, 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, the employee shall not lose regular pay because of such attendance, provided the employee:

(a) Notifies the Employer immediately of the employee's notification that he will be required to attend at court;

(b) Presents proof of service of subpoena or other summons requiring the employee's attendance;

(c) Remits to the Employer the full amount of compensation received, and any official receipt thereof, excluding mileage, travel and meal allowance.

13.13 Bereavement Leave

a) An employee who notifies the Employer as soon as possible following bereavement will be granted up to three (3) consecutive days off without loss of regular pay of the employee's immediate family member. For the purpose of this clause, immediate family is defined as mother, father, mother-in-law, father-in-law, sister, brother, daughter, son, spouse, common-law spouse, grandparent, grandchild or same sex partner.

b) An employee who notifies the Employer as soon as possible following bereavement will be granted a leave of absence for one (1) day without loss of regular pay of a brother-in-law, sister-in-law or grandparents of a spouse/partner.

c) In the event of a delayed observance, one (1) day may be reserved by the Employee to attend the services with pay.

d) An employee who suffers a death in the immediate family as defined in Article 13.13a) during a vacation period should notify the Employer in writing as soon as possible stating the relationship of the deceased. Upon return to work, the employee must provide proof of bereavement. The employee would then be

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granted the normal bereavement leave with pay. If applicable, additional vacation days will be granted at a time mutually agreed upon by the employee and the Employer.

e) An employee who notifies the Employer as soon as possible following bereavement will be granted a leave of absence for one (1) day without pay for the loss of a child's spouse, step-parent, step-child, legal guardian.

13.14 Notice of Return Upon returning from an approved leave of absence, Employees will provide the following notice:

When off for: 3-4 weeks Employee will provide 72 hours' notice 1-4 months Employee will provide one (1) weeks' notice 4-9 months Employee will provide two (2) weeks' notice

Artjcle 14 -Jojnt Health & Safety Committee

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

14.02 Recognizing their responsibilities under the applicable legislation, the parties agree to accept as a member of its Joint Health and Safety Committee six (6) representatives selected or appointed by the Union from among the bargaining unit Employees.

14.03 The committee shall identify potential dangers and hazards, recommend means of improving health and safety and recommend actions to be taken to improve conditions related to safety and health.

14.04 The committee shall meet once every three months or at the call of the Co­Chairs, at the workplace and shall maintain minutes of all meetings.

14.05 The Union agrees to endeavor to obtain the full cooperation of its membership in . the observation of all safety rules and practices.

14.06 The Employer agrees that for Health and Safety reasons that every employee be orientated to a newly assigned client which may include, where appropriate, transfers, using equipment, language barriers.

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Article 15 - Laboyr Manaaement Commjttee & Negotiating Committee

15.01 The parties will recognize a Labour-Management Committee which will consist of four (4) Union stewards, Union representative and up to five members from management.

All members of the Labour-Management Committee shall be regular Employees of the Employer who have completed their probationary period.

The Employer shall pay stewards for their attendance at the Labour-Management Committee meetings, which shall occur once every three (3) months, unless otherwise agreed by the parties.

15.02 It is agreed that the Union will elect or otherwise select a negotiating committee consisting of four (4) stewards, one (1) of which shall be the Chief Steward. The Union agrees to pay the wages of its negotiating committee for all negotiating sessions. The members of the negotiating committee shall be paid for their attendance at negotiation sessions up to the date of the making of an application for conciliation.

All the members of the negotiating committee shall be regular Employees of the Employer who have completed their probationary period.

Article 16 - Public Holidavs

Employees are entitled to public holidays with pay, in accordance with the Employment Standards Act (ESA). 16.01 Employees of KPP are entitled to eleven (11) public holidays:

• New Year's Day • Family Day • Good Friday • Easter Monday • Victoria Day • Canada Day • Civic Holiday • Labour Day • Thanksgiving Day • Christmas Day • Boxing Day

16.02 The Employer will ensure that determination of when an employee qualifies for a Public Holiday is in accordance with current ESA legislation.

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16.03 The Employer will ensure that employee entitlements for Public Holidays are calculated in accordance with current ESA legislation.

16.04 If a part-time employee is scheduled to work on the public holidays and wants it off, the employee can have it off provided that the employee can find coverage for the shift under the following conditions: A) The employee follows the proper procedures to secure coverage on

his or her own utilizing the relief list B) The employee submits the appropriate documentation and secures the

approval of a Supervisor.

Artjcle 17 - Yacatjon

17.01 Full-Time Employees: Full-time Employees shall receive vacation credits for each completed calendar month of work according to the following schedule:

a) Less than two (2) years of service shall earn five-sixths (5/6) days for each month of service up to a maximum of ten (10) days per calendar year.

b) After two (2) years of service shall earn one-and-one-quarter (1 1/4) days for each month of service up to a maximum of fifteen (15) days per calendar year.

c) After six (6) years of service: shall earn to one-and-two-thirds (1 2/3) days for each month of service up to a maximum of twenty (20) days per calendar year.

d) After fourteen (14) years of service shall earn to two-and-two-twenty-fifths (2 2/25) days for each month of service up to a maximum of twenty-five (25) days per calendar year.

For calculation purposes, only those Employees off work on an authorized Pregnancy/Parental Leave, Emergency Leave, and WSIB leaves will continue to earn vacation credits up to 24 months when not in receipt of wages from KPP.

An employee is entitled to take the number of vacation days earned in a calendar year. When employment commences part way through the calendar year, the employee may take all vacations accrued to December 31st if six (6) month's service is completed.

Unused vacation credits may not be carried over from one year to the next without the written authorization of the Manager and/or the Chief Executive Officer. Payment of wages in lieu of vacation is not permitted. Outstanding

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vacation credits, earned and not taken, will be credited to any employee upon termination of employment.

When a paid holiday falls within an employee's vacation period, an extra day may be taken as time off at some other mutually agreed upon time, and if no agreement is reached, the employee shall be paid a day's pay.

Employees' terminated prior to six (6) months service, vacation will be paid at four (4) percent of gross earnings as per Employment Standards Act.

To ensure a non-interruption of an employee's earnings, vacation pay shall be at the employee's current regular daily rate of pay for each day of vacation earned. Therefore, vacation pay will not be paid out until an employee takes vacation.

Employees are permitted to carry one (1) week of accrued vacation as a "floater', which must be taken throughout the fiscal year. Requests to take a floater vacation must be submitted on the Request-Time Off Form, with the date of the vacation and approval will be at the discretion of the Supervisor, Manager and/or Chief Executive Officer. Vacations booked prior to March 31st, will supersede seniority in respect to the approval of floater vacations.

Employees who move from part-time status to full-time status will have their part-time hours used in the calculation of vacation entitlement in their full-time position. Part-time Employees shall receive one year of vacation entitlement for every 1950 hours of accumulated service.

Years of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15+ Service

Davs 10 10 15 15 15 15 20 20 20 20 20 20 20 20 25

17.02 Part-time Employees: Part-time Employees may take non-paid vacation, not to exceed two weeks in a calendar year. All requests must be made by March 31st of the year in which the vacation will occur, and will be granted, without pay, at the discretion of the Supervisor, Manager and/or the Chief Executive Officer or the Board of Directors as applicable.

Part-time Employees can be paid all vacation accrued at the time they take vacation as a lump sum payment. The employee will be responsible to indicate on the applicable form to have the vacation bank paid. Remaining vacation accrual will be paid out on December 15th of each year as a special pay.

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17.03 Selection of vacation periods shall be on the basis of an employee's seniority provided that such senior employee has submitted their choice of vacation by completing and submitting the Request Time-Off Form and submitting it to their Supervisor prior to March 31st of each year. Regardless of seniority, vacation requests in excess of two (2) consecutive weeks, must be approved at the discretion of the Supervisor, the Manager and/or Chief Executive Officer as applicable, in order to ensure coverage in all projects. Time off requests during the holiday season will be approved as follows: time off during the week of Christmas or during the week of New Years, but not both, subject at all times to operational requirements.

Employees will be notified of their vacation approvals by April 15th of each year and these schedules shall not be changed unless mutually agreed upon by the employee and Employer. Employees that did not have their vacation approved will have the opportunity to re-submit new dates. All vacation cancellations/changes must be submitted on the appropriate documentation and submitted four (4) weeks prior to the start of the vacation and will be granted at the sole discretion of the Supervisor or Manager.

Article 18 -Yacancjes. Job postjna. Promotions and Transfers

18.01 In the event new jobs are created or vacancies occur in the existing job class, they shall be handled in the following manner:

a) The Employer shall post all vacancies on the KPP website, voicemail and send an email of the job posting to all project office locations for a period of seven (7) calendar days to ensure that all interested Employees have the opportunity to apply. The Employer will also, at the time of posting, leave a voice mail message for all bargaining unit members that a job posting has been posted External advertising may occur simultaneously. Employees are responsible for calling or visiting the various locations to review these postings. Such notice shall include the position title, hours of work, wage range, minimum qualifications required, required education &for knowledge, skills required and application closing date. Interested Employees are required to submit a written application for the available position. The parties agree that the consideration for the application of part-time Employees to other part-time positions may not require or involve a formal interview process and shall also include the consideration of employee retention recognizing the current retention issues. The Employer shall give first consideration to Employees that have successfully completed their probation when filling all bargaining unit vacancies. The applicant's seniority shall be regarded. The Employer shall be free to fill the vacancy at its discretion should no suitable applicants from the bargaining unit apply. Employees will accept

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or decline the position within forty-eight (48) hours of being notified that they have received the position.

b) In order to maximize continuity of support and security for our clients and to limit the number of different Attendants in the client's home, KPP has established rotational shifts or the "partner system" of support. Rotational shifts involve Supportive Housing and Outreach Clients and involve the hiring of two or more Employees. Also referred to as the partner system. The option of this job posting is at the sole discretion of the Employer. Employees may not apply for more than one rotational option for the same job posting. Similarly, when new hours are available up to a maximum of 2 hours per day or 8 hours per week, to enhance the support of an existing client(s), an Attendant or support worker already providing support to this client in their home may be given the opportunity to provide these additional hours, and these hours will not be posted for the reasons outlined above. If the additional hours are more than 2 hours per day or 8 hours per week, then those additional hours shall be posted.

c) In selecting an applicant to fill the vacancy, the Employer shall consider the applicants overall qualifications, training, experience, ability and client service needs, and where these factors are relatively equal, in the opinion of the Employer, then seniority shall govern.

d) A vacancy may be filled at the discretion of the Employer on a temporary basis not to exceed one year in duration. It is not the intention of KPP to split full-time positions into two or more part-time positions with respect to the "partner system."

e) Employees that wish to resign from their posting but remain on a relief list must provide KPP a minimum of two (2) weeks' notice.

f) When a full time position becomes available, all full time Employees will have an opportunity to apply for the position first. Likewise, when a partner system position (such as the 2-2-3 rotation) becomes available the partner of that rotation will be offered the change of rotation prior to the posting.

g) The Employer is not required to consider an employee for a job posting who has been granted three (3) transfers or new job postings within the past 12 months.

Artjcle 19 - Hours of Work. Rest Periods & Oyectjme

19.01 The normal hours of work for a full time employee will be a maximum of forty (40) hours per week and a maximum of twelve (12) hours per day. The normal hours of work will be not more than thirty-two {32) hours per week on a regular basis for

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part time Employees. It is expressly understood and agreed that the regular hours of work scheduled shall not be construed to be a guarantee or a limitation of the hours worked per day or per week or otherwise, nor is a guarantee of working schedules.

19.02 In the scheduling of the normal hours of work, the Employer agrees that the hours will be scheduled as follows:

a) The normal hours of work for full time Employees shall consist of a maximum of seven (7) consecutive days and a maximum of twelve (12) hours per day up to a maximum of forty (40) hours per week

b) The normal hours of work for part time Employees shall consist of a maximum of seven (7) consecutive days and a maximum of twelve (12) hours per day up to a maximum of thirty-two (32) hours per week unless the employee and the Employer agree on the arrangement.

c) Authorized hours over 44 hours per week will be paid in accordance with the Employment Standards Act. All overtime hours must be pre­authorized. "Authorization" throughout this policy, refers to the approval, in advance, by the immediate Supervisor, the Manager or designate only.

d) Employees are to remain on duty until the end of the shift and until their position is relieved.

e) Hours may be cancelled or duration altered, with a minimum of 24 hours' notice. The employee shall have opportunity to take time off with no pay or the Employer shall assign the employee to work in another project to fill in the time lost.

f) Hours of work for a part-time employee will vary according to shift schedule. There are no minimum hours for a part-time employee.

g) Full-time hours may be reduced or cancelled, with 24 hours' notice, to a minimum of 32 hours per week. i.e. down-time due to client illness or client in hospital/respite, away on vacation, client leaving program, etc. All full­time benefits will continue. Payment will not be made for reduced/cancelled full-time hours. However, every effort will be made to temporarily replace these reduced/cancelled hours by scheduling the employee in other Projects, at the discretion of the Employer.

h) Where the employee is scheduled to work either Daylight Savings Time or Eastern Time, Employees shall be paid the actual number of hours worked at straight time.

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i) A weekend commences at 12:01 a.m. Saturday and ends at 11 :59 p.m. Sunday.

19.03 Rest Periods

Rest periods will be scheduled by the Employer in accordance with the Employment Standards Act.

19. 04 Overtime

Time and one-half (1 1/2) the employee's regular hourly rate of pay shall be paid for all time paid in excess of twelve (12) hours per day, or forty-four (44) hours per week. Employees are required to work overtime on an as needs basis subject to the Employer's discretion.

19.05 On-Call

Those Employees employed as Independent Living Attendants, on a regular full­time, part-time or relief basis in projects, which require them to be on-call without pay, will be compensated with time off for this requirement.

a) On-call will be scheduled on a rotating basis and the employee on-call is expected to respond to all calls received between the hours of 11 :00 p.m. to 7:00 a.m. Full-time, part-time and relief will rotate the on-call as scheduled. Any changes in the rotation or in coverage for an evening, must be authorized by the Support Services Supervisor prior to the change being made and it is the responsibility of the employee to find a replacement.

b) It is the responsibility of the employee to accurately record on-call hours and all hours will be authorized by the Support Services Supervisor.

c) Employees will receive one (1) day off, with pay, for 320 on-call hours. These days off are accumulative, but must be taken by fiscal year end (March 31 5t). Time must be accumulated prior to being eligible for the day off. The actual day off must be taken at a mutually agreeable time between the Supervisor and the employee and the request for the day must be made at least two weeks prior to the requested day to ensure that the Supervisor can find a replacement.

d) Days off in lieu for being on-call, cannot be taken as monetary payment without approval from the Support Services Supervisor and Support

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Services Manager. Request for monetary payment of On-call days must be submitted on a Monetary Re-imbursement of On-Call Lieu Days form. Form must be submitted to respective Supervisor, within one (1) week of eligibility.

19.06 Call In/Call Back Compensation

a) Front-line Employees who are called in to work, or called back to work, to respond to an emergency situation shall be paid a minimum of three hours at their regular rate of pay except under the following circumstance:

An employee, who is considered to be on-call and is called into work within one hour after the completion of their shift, or within one hour prior to the beginning of their shift, will be paid for actual time worked only.

b) Employees who have already worked a total of 44 hours in a week will receive one and a half times their regular hourly wage for the actual time compensated if called in or called back to respond to an emergency.

c) The payment for all Employees called in or called back to work to respond to an emergency must be authorized by the immediate Support Services Supervisor and/or designate. A brief explanation of the nature of the call in or call back situation must accompany the timesheet for authorization. To receive authorization, all call in or call back situations must be in response to an emergency situation.

19.07 Relief Coverage

It is the policy of KPP to ensure that people in receipt of services have continuity and consistency of needed services and support when regularly scheduled attendants are absent from work. Relief Employees are utilized with the expectation that they will be available to provide replacement for Employees who are on vacation, ill or are not available for work due to other approved reasons.

a) An accurate up-to-date list of Relief Employees will be kept for all projects and/or Outreach services. This list will be developed using Employees who are regularly scheduled to work in such housing project or outreach service on a part-time or relief basis. Employees can request, in writing to be removed from the relief list.

b) The Relief Call-In List will be developed in order of seniority, (for probationary Employees, date of hire), for the respective project and/or Outreach service. A part-time employee will be placed on the Relief Call-In List for housing projects/outreach services where he/she has regularly scheduled shifts.

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c) "When a "Partner System" is in place, the employee requiring relief for their scheduled shift will always call "their" partner first before the relief list is accessed for replacement. Requests for time off between partners if one partner is requesting more than 3 days at one time shall be offered to staff on the relief list."

d) For filling immediate shifts where less than 48 hours' notice is provided, calls will be placed to the Employees in the order of the call list, beginning with the employee following the last employee called to cover a shift. The first Independent Living Attendant to accept/call back will be allocated the shift.

• Part-time Employees on the relief list cannot accept relief shifts if they have scheduled hours which conflict with the relief hours available.

e) For shifts that need to be filled and advance notice is given (over 48 hours), the following will be implemented:

• The Scheduling Coordinator will make the call to the voicemail system stating which shift is available and for which project. Employees currently on the relief list for that project/outreach service have until 9:00 am the following morning (as voicemail is to be checked daily) to respond as to their availability to accept the shift. Note: After business hours, Attendants may leave a message indicating which shifts they are available for with the Scheduling Coordinator.

• Once attendants indicated their availability in the shift, the Scheduling Coordinator will fill the shift, according to rotational seniority list.

• When a large number of shifts are available, these would be divided up. One employee would not be given one full week or more. (Unless only one employee is available and has accepted the shifts).

• Part-time Employees on the relief list can accept relief shifts if they have scheduled hours which conflict with the relief hours available. The employee is responsible to obtain their own coverage.

f) An employee who has not accepted to work one shift for a period of two (2) months will be removed from the call-in-list. An employee can request in writing, to be reinstated to the relief list after a one-month period.

Article 20 - Tcayel Compensation

Employees required to use their personal vehicle for work-related travel, will be compensated as follows:

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20.01 Employees shall record mileage travelled for work purposes on the Interactive Voice Response System (IVR) or applicable mileage claim form.

20.02 Employees will not be paid to travel 25 kms or under, to the first daily appointment or from the last daily appointment, of the day. Employees will be compensated for mileage travelled in excess of 25 kms to their first and from their last appointment. Employees will be compensated for mileage between clients during hours of work.

20.03 Employees who choose to relocate their residence, and this relocation results in an employee having to travel more than 25 kms to their first and from their last appointment of the day, will not be compensated for this increase in mileage.

20.04 Outreach Employees, receiving reimbursement for kilometres travelled, will also receive travel time compensation. Travel time is calculated, at the employee's regular rate of pay by the following formula:

Total Distance Reimbursed+ 100 =travel time (hours)

20.05 Employees working in Supportive Housing Projects are compensated for travel that occurs within the shift to complete responsibilities of the position (i.e., errands) and to travel to and from other housing projects within such shift. Employees working in Supportive Housing do not receive mileage compensation for travel to and from work.

20.06 Employees will be compensated for approved mileage at .42 cents per kilometre.

20.07 The Employer agrees to remind Employees by voicemail no later than the end of January in each year that CRA FORM T2200 or applicable forms will be made available to Employees who are required to utilize a personal vehicle as a condition of employment to allow the Employees to secure the appropriate deductions for vehicle and other associated expenses. The Employer does not provide the Employees with tax advice and the Employees should seek their own independent accounting advice on permissible deductions.

Article 21 - EmDloyu Benefits

21.01 Sick a) Full-Time Employees:

i. All Full-time Employees shall receive on January 1st of each year six (6) sick days. A further six (6) sick days shall be awarded July 1st of each year.

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ii. A maximum of three sick day credits can be carried over into the next calendar year.

iii. A maximum of fifteen (15) sick credits are available in one calendar year. Subsequently, a maximum of fifteen (15) sick days off will be paid in one calendar year.

iv. Sick credits may be utilized for two (2) snow days or one (1) Personal Day per year. The Employee is responsible for obtaining their own shift coverage for a personal day.

v. Any Sick Leave, Snow Day or Personal Day will not be paid if all eligible sick days have already been paid out in the used calendar year. Above leaves taken in this circumstance will not be paid.

b) Part-Time Employees:

i. Part-Time Employees who have completed at least one (1) full year of employment shall be entitled to twenty-four (24) hours per year of sick leave.

ii. Sick credits may be utilized for two (2) snow days or one (1) Personal Day per year. The Employee is responsible for obtaining their own shift coverage for a personal day.

iii. Any Sick Leave or Personal Day will not be paid if all eligible sick days have already been paid out in the used calendar year. Above leaves taken in this circumstance will not be paid.

c) All Employees are expected to notify a Supervisor of their absence from work. As per policy, sick time for all full time Employees will automatically be deducted from their accumulated sick leave credits. All part time Employees that want to utilize sick time are expected to notify a Supervisor at the time of their absence that they are requesting to be paid from their accumulated sick leave credits.

d) Employees are further expected to notify their immediate Supervisor or the Manager at the earliest opportunity to ensure coverage of the shift can be arranged and the respective client notified regarding alternate arrangements.

e) A Doctor's certificate to return to work following an illness or injury may be requested at the discretion of the respective Supervisor/Manager. i.e. Pink eye, Impetigo. If the Employer requests a sick note then the Employer shall pay 100% of the cost of such, upon presentation of the receipt.

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f) No financial compensation will be provided for unused sick leave credits.

21.02 Ontario Health Insurance Plan

The Employer shall pay one hundred percent (100%) of the cost of the Ontario Employer Health Tax.

21. 03 Benefits

Given the nature of the industry, the not for profit status of the Employer and the need to control costs the parties recognize that attracting Health and Welfare benefit coverage can be difficult. It is the intention of the Employer to continue to provide Health and Welfare benefits and cost sharing arrangements at the current level through the Ontario Federation of Cerebral Palsy Group Benefit Plan but it is understood that the plan is administered solely by the insurance carrier.

The administration of the plan and any problems with respect to the insurer acknowledging or honouring any claim is a matter as between the employee and the insurer. Should the Employer be unable to provide the current coverage at a reasonable cost, or should the Ontario Federation of Cerebral Palsy Group Benefit Plan significantly change the benefit levels, the Union and the Employer will mutually agree to ways of securing, reducing or distributing benefit costs during the life of this agreement in keeping with the benefit costs that the Employer was incurring.

The Employer shall provide each eligible employee with a copy of the current information booklet for specific details around those benefits provided under this Article.

a) All active full-time Employees, up to age 70, are eligible to participate in the Group Benefit Plan, which comprises of Life Insurance, Long-Term Disability Insurance, Extended Health, and Drug and Dental Benefits, following the completion of three months continuous employment. The Employer will pay 100% of the Group Insurance premium on behalf of the eligible full-time employee. Eligibility to participate in the plan ceases upon termination of employment, however Employees will be provided with information to continue with personal benefits at their own expense.

b) If a participating employee is unable to work due to an injury or illness, the Employer will continue to make premium payments for a period of one year from date of disability or illness. The administration office will notify the employee one month prior to discontinuation of benefits.

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c) If a participating employee is not actively at work due to a lay off or an approved leave of absence the Employer will cease to make premium payments on the employee's behalf. The employee's coverage will be continued until the end of the month in which he/she was laid off or granted leave of absence. This coverage will be re-instated upon the employee's return to work if the employee returns to work within 6 months of the date of termination of their benefit policy.

d) If an employee is entitled to a pregnancy/parental leave in accordance with the Employment Standards Act, the Employer will continue to make premium payments on the employee's behalf for the duration of the pregnancy/parental leave.

e) All of the above are subject to the carrier's discretion.

f) It is understood that the Employer may at any time substitute another carrier for any plan provided the benefits are equal to or superior to current benefit levels. Prior to making such substitution, the Employer shall notify the Union at least sixty (60) days prior to the proposed change.

"Waiting Period for Benefits:

Health, dental and life insurance benefits are available to full-time staff after a three-month waiting period. The month employment starts will be included as part of the 3 three-month waiting period if employment starts commences between the 151 and 15th of the month.

This waiting period is waived for Employees who qualify for benefits through a change in status (from part-time to full-time) and have worked for KPP for more than 12 months prior to becoming a full-time employee.

21 .04 R.R.S.P. Plan

KPP administers an employee self-directed Registered Retirement Savings Plan. KPP sends contributions made from payroll deductions to the RRSP on the employee's behalf on a monthly basis. The eligibility as set out below determines the criteria an employee must meet in order to participate in the RRSP.

a) A bi-weekly payroll deduction is required for participation in the RRSP. This deduction must be able to be met from the employee's net earnings at KPP in the respective pay period. A minimum of a $50.00 contribution is required per month. If this minimum requirement cannot be adhered to, then payroll deductions and participation in the RRSP will be discontinued. Since RRSP contributions are income tax exempt, the income tax on the contribution amount is not withheld on the employee's pay cheque.

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b) Full-time Employees: After one-year full-time employment, KPP will contribute to an employee's RRSP. The employee must be making a bi­weekly contribution to the RRSP. The Employer will match the employee's contribution of up to 3% of the employee's gross earnings per pay period.

c) Part-time Employees: KPP will administer the RRSP based on 100% employee contributions.

21.05 Nursing Home & Related Industries Pension Plan

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

.01 "Plan" is defined as the Nursing Homes and Related Industries Pension Plan, being a Multi-Employer Plan.

"Applicable Wages" is defined as the basic straight time wages for all hours worked, including:

(i) the straight time component of hours worked on a holiday; (ii) holiday pay, for the hours not worked, and (iii) vacation pay

All other payments, premiums, allowances and similar payments are excluded.

"Eligible Employee" is defined as full-time and part-time Employees in the bargaining unit who have completed nine hundred and seventy five (975) hours of service .

. 02 Each eligible Employee covered by this collective agreement shall contribute from each pay period an amount equal to two percent (2%) of applicable wages to the Plan. The Employer shall contribute on behalf of each eligible Employee for each pay period, an amount equal to two percent (2%) of applicable wages to the plan.

Effective April 1, 2018 an additional one percent (1 o/o) of applicable wages will be contributed as the Employer's contribution to the Plan for a total of three percent (3%). Then effective April 1, 2019 an additional one percent (1 o/o) of applicable wages will be contributed as the Employer's contribution to the Plan for a total of four percent (4%). All eligible employees will match the Employers contribution.

Notwithstanding the foregoing, where an error has been made in deduction, the Employer shall, upon request, make full payment on any outstanding Employer contributions irrespective of whether the Employee pays the matching amount.

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The parties agree that this Article in no way prejudices the position of either party as it relates to the retroactivity application if an error is discovered .

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

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

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

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

The Union and the Employer agree that, with respect to the Nursing Homes & Related Industries Pension Plan (the "Pension Plan"), fully detailed in Article 21 .05 of the Collective Agreement, the Employer's only obligation is to remit the contributions required and no matter pertaining to an employee's entitlement to benefits under the Pension Plan shall be the subject of a grievance under the Collective Agreement between the parties .

. 05 The Employer agrees to provide to the Administrator of the Plan, on a timely basis all information required pursuant to the Pension Benefits Act, R.S.O. 1990, CH P-8, as amended, which the Administrator may reasonably require in order to properly record and process pension contributions and pension benefits.

For further specificity, the items required for each Eligible Employee by .05 above of the agreement are:

(i) To be Provided Once Only at Plan commencement Date of Hire

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Date of Birth Date of First Contribution Seniority List to include hours from date of hire to Employer's fund entry date (for purposes of calculations past service credit)

(ii) To Be Provided with each Remittance Name Social Insurance Number Monthly Remittance Pensionable Earnings Year to Date Contributions Employer portion of arrears owing due to error, or late enrolment by the Employer

(iii) To Be Provided Once. and if Status Changes: Full Address as provided to the Employer Termination date where applicable (MM/DD/VY)

(iv) To Be Provided Once if they are Readily Available: Gender Marital Status

Any additional information requests beyond that noted above may be provided if possible, by the Employer at the expense of the Plan, unless the Employer is obligated by law to provide the information .

. 06 The Employer agrees to be bound by the terms of the Agreement and Declaration of Trust as restated September 08, 2005 and the rules and regulations of the Plan adopted by the Trustees, both as may be amended from time to time."

Article 22 - Miscellaneous

22.01 Bulletin Boards and Voicemail System: The Employer agrees to supply and make available a bulletin Board to the Union for posting of seniority lists and notices pertaining to Union and the Employer and its Employees. It is agreed that no notice will be posted on the bulletin board without prior approval of the Chief Executive Officer. The Employer will provide the Union with access to the voicemail system to announce Union meetings and information. These announcements shall first be submitted to the Human Resources Manager for approval before utilizing the voicemail system. The stewards shall be given access to the fax machines in the offices for Union business with prior approval.

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Article 23 - ouratjon

23.01 This agreement shall remain in force and effect from the April 1, 2016 - March 31, 2020.

23.02 Either party may give the other party notice of renewal and/or amendment of this Agreement at any time within ninety (90) days prior to the expiry of this Agreement. The parties shall meet within thirty (30) days of such notice being received or as mutually agreed between the parties.

Article 24 - Wages and Classificalfoos

24.01 The wage scales and classifications shown in the Wage Grid shall be effective as shown during the term of this agreement.

24.02 Progression on the wage scale will be as follows:

Step One: Date of Hire Step Two - 1000 hours Step Three - 2000 hours Step Four - 3000 hours. Step Five - 4000 hours

24.03 It is agreed that if any new bargaining unit job classifications are established during the life of this Agreement, which is not covered by the schedule of wages now in effect, the rate of such new job classification will be discussed with the Union and if the parties disagree on the rate set by the Employer, it shall be treated as a grievance starting at Step #3 of the grievance procedure.

24.04 Employees will be paid by direct deposit by Thursday at midnight every second (2°d) week except when interfered with by the occurrence of a paid holiday. In this case, the regular pay may be delayed one (1) day. Employees will access their wage statement via the secure online website.

Artjcle 25 - Trajnjng & Deyelppment

25.01 KPP supports employee training and development as an opportunity for improving current work performance, providing enrichment, preparing individuals to meet future organizational needs and ensuring Management continuity.

25.02 Individual training and development needs and interests will be identified as part of the employee1s annual performance appraisal. Employees are requested to complete the "Employee Self-Performance Evaluation" form in preparation for their

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Performance Appraisal. Employee educational/training objectives established will be prioritised for funding from the annual operating budget.

25.03 There are several options available for employee training/education. Different levels of compensation are provided as follows:

a) In-Service Training Events: Mandatory:

In-service training events are 100% financed by the organization. Employees eligible to attend will be those Employees who have requested such training during their Performance Appraisal , those Employees who are required to attend as per an objective set during their Performance Appraisal or if Management has determined that attendance is mandatory for all Employees. In these situations, Employees will be compensated at their hourly rate of pay and be compensated for mileage above 25 km to and from the in-service training.

b) Workshops/Seminars Conferences: Out of Agency:

Financial assistance for approved expenses for an employee to attend a Workshop/Seminar or Conference will be 100% financed by the organization if the employee requests and is approved to attend the training program. Approved expenses will include registration fee, meal allowance at the organization's approved rate and mileage at the approved rate or travel expenses for the most economical form of transportation not to exceed mileage at the approved rate. Time off work to attend the workshop or seminar, under these conditions, will be provided with no loss of wages to the employee. No overtime will be approved should the workshop or seminar extend beyond the hours the employee would normally have worked had they been at work on that day or days. This "unpaid" time is the employee's contribution toward his or her own learning. No compensation will be provided to Employees not scheduled to work.

c) In Service Training Events: Non-Mandatory:

In-service Training Events are 100% financed by the organization. All Employees are eligible to attend these voluntary extra-curricular sessions to attain personal gain and education. In these situations Employees required to take time off work to attend will be eligible to attend with no loss of wages, with the approval of their Supervisor. Employees who are not scheduled to work during the day of the in-service training event will be compensated as follows:

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• Eligible full time Employees on a regular day off during the day the in­service training is offered will receive another day off in lieu for their attendance.

• Eligible part time and relief Employees not working during the day of the in-service training will receive a stipend based on $80.00 for a full-day event or $40.00 for a half-day event.

Employees are required to record their attendance for all training sessions on the respective timesheet.

d) On-the Job Training. Rotation or Cross-training:

All on-the-job training, rotation or cross-training authorized by the Supervisor and Manager within the organization is provided to Employees with no loss of wages.

e) Special Projects. Task Force Work or Committee Work:

Remuneration for Special Project work, Task Force work or Committee work is dependent on the terms and conditions established in the terms of reference.

f) Formalized College/University Courses:

KPP encourages and supports Employees to further their education through formalized educational courses. KPP may reimburse Employees up to 50% of the cost of course tuition for which the employee has received prior approval and subject to proof of successful completion.

g) First Aid I CPR Re-Certification: Mandatory

The Employer shall arrange and hold mandatory First Aid/CPR recertification training at no cost to the Employees. Employees will not be compensated for their hourly rate or mileage.

Article 26 • No Contractjog Out

26.01 The Employer agrees that it will not contract out any of the operations if such contracting out will result in a detrimental impact on members of this bargaining unit. The Union recognizes the Employer is required from time to time to purchase service in order to ensure clients are properly serviced when no employee is available to provide service.

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Letter of Intent

Both parties agree that they will meet within six (6) months of the ratification of this Collective Agreement to address the issue of scheduling with respect to the full-time Employees currently working weekend shifts. The Union will propose a schedule that will work for all parties and the Employer will consider the proposed schedule.

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Dated and signed this __ j __ day of ;r:J~ 2016.

For The Union For The Employer

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WaqeGrjd

INDEPENDENT LIVING ATTENDANT

WAGE GRID

INDEPENDENT LIVING ATIENDANT

April 1, 2016 Step 1 Step 2 Step3 Step4 Steps

$17.84 $18.60 $19.30 $20.00 $20.76

January 1, 2017 Step 1 Step 2 Step 3 Step4 Steps

pay equity adjustment* $18.01 $18.77 $19.47 $20.17 $20.93

October 1, 2017 Step 1 Step 2 Step 3 Step4 Steps

1% increase in wage $18.19 $18.96 $19.66 $20.37 $21.14

April 1, 2018 Step 1 Step 2 Step 3 Step4 Steps

1% increase in wage $18.37 $19.15 $19.86 $20.57 $21.35

April 1, 2019 Step 1 Step2 Step 3 Step4 Step 5

1% Increase in wage $18.55 $19.34 $20.06 $20.78 $21.56

Upon Ratification: A one-time payout to each employee in the amount of $150.00

*The Employer is close to meeting its pay equity obligations but the specific end­date is not precisely determined. The Employer will continue to meet those pay equity obligations for those employees covered by of this Collective Agreement until the Pay Equity Plan Is achieved.

The Employer agrees that should it receive additional funds in respect of Attendant Outreach and Supportive Housing Services from the funder of these programs that are directed to wages or pay equity, it will call a meeting of the Labour/Management Committee to disclose same to the Union so that it may make representations on the use and/or disposal of any such additional funding.

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