FILE No.

CERT.ALE

CERT.OATE

TOTALEMPS

EFF. DATE

EXP.DATE

Collective Agreement

between

Ontario Public Service Employees Union on behalf of its Local 309

and

John Howard Society of Victoria/Haliburton/Simcoe & Muskoka

DEC 3 0 2010

COLLECTIVE BARGAINING INFORMATION SERVICES

DURATION: April1, 2006- March 31, 2009

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COCING CONTROL DATE CODER

IOENT COOED

RECEIVED·

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I EMPLOYER II Sector 7

3-309-587-20090331-7

TABLE OF CONTENTS

ARTICLE 1 PURPOSE .................................................................................................... 1 ARTICLE 2 - RECOGNITION ........................................................................................... 1

2.02 Definition of"Employee" .................................................................................... 1 (a) Full-time ............................................................................................................... 1 (b) Part-time ............................................................................................................. ;. 1 2.03 Work of the Bargaining Unit ............................................................................... 1

ARTICLE 3 - NO DISCRIMINATION .............................................................................. 2 ARTICLE 4 - MANAGEMENT RIGHTS .......................................................................... 3 ARTICLE 5 - DUES DEDUCTION .................................................................................... 4 ARTICLE 6 - UNION REPRESENTATION ...................................................................... 4

6.08 Employer/Employee Relations Committee .......................................................... 6 6.12 Copies ofthe Agreement. ..................................................................................... 6 6.14 Bulletin Board ...................................................................................................... 7

ARTICLE 7- OCCUPATIONAL HEALTH AND SAFETY ............................................. 7 ARTICLE 8 - NO STRIKE OR LOCK-OUTS ................................................................... 7 ARTICLE 9 - GRIEVANCE PROCEDURE ....................................................................... 7

9.03 Stage 1 .................................................................................................................. 8 9.04 Stage 2 .................................................................................................................. 8 9.05 Dismissal Grievance ............................................................................................. 8 9.06 Policy and/or Group Grievances .......................................................................... 8

ARTICLE 10 - ARBITRATION ......................................................................................... 9 ARTICLE 11 -PERSONNEL FILE .................................................................................. 10 ARTICLE 12- SENIORITY ............................................................................................. 11

12.04 Probationary Employee .................................................................................. 11 12.05 Accumulation of Seniority ............................................................................. 12 12.06 Loss of Seniority and Termination of Employment.. ..................................... 12

ARTICLE 13 - POSTING AND FILLING OF VACANCIES, PROMOTIONS AND DEMOTIONS .................................................................................................................... 13 ARTICLE 14- JOB SECURITY-LAYOFF AND RECALL. ........................................... 14

14.05 Temporary Work ............................................................................................ 15 14.06 Information to EERC .............................................................. : ...................... 15 14.11 Government Programs ................................................................................... 16

ARTICLE 15 -LEAVES OF ABSENCE .......................................................................... 16 15.01 Bereavement Leave ........................................................................................ 16 15.05 b) Leave for Executive Board Members: Full time Position ............................. 18 15.06 Other Leaves .................................................................................................. 18

ARTICLE 16- SICK LEAVE .......................................................................................... 18 ARTICLE 17- PROFESSIONAL DEVELOPMENT ....................................................... 19 ARTICLE 18- HOURS OF WORK, OVERTIME AND COMPENSATING TIME OFF ............................................................................................................................................ 19

18.05 Weekend and Holiday Premium .................................................................... 21 ARTICLE 19 -WAGES ............................................................................................... 21 ARTICLE 20 -STATUTORY HOLIDAYS ...................................................................... 21

· ARTICLE 21- VACATION WITH PAY ........................................................................ 23 ARTICLE 22 -INSURED BENEFITS, PENSION PLAN AND GROUP RRSP ........... 24 ARTICLE 23 -EXPENSES .............................................................................................. 24 ARTICLE 24 GENERAL ............................................................................................... 25 ARTICLE 25 DURATION ............................................................................................. 25 APPENDIX 'A' WAGES ................................................................................................ 26

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ARTICLE 1 -PURPOSE

1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and its employees and to establish and maintain mutually satisfactory working conditions, hours of work, and wages and to provide procedures for the prompt and equitable disposition of grievances for all employees who are subject to the provisions of this Agreement.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the sole bargaining agent of all employees of the John Howard Society ofVictoria/Haliburton/Simcoe & Muskoka, in the counties of Simcoe, the County of Haliburton and the City ofKawartha Lakes, save and except supervisors, persons above the rank of supervisor, Financial Co­ordinator, Administrative Assistant and students.

2.02 Definition of "Employee" {a) Full-time

A full-time employee is one who works a pre-determined schedule of twenty (20) hours or more per week.

{b) Part-time A part-time employee is one who works a pre-determined schedule ofless than twenty (20) hours per week.

{c) A Relief employee is one who works on a casual or hourly basis, or who is called in to work by the Employer when needed. A Relief staff will not change status regardless of hours worked. Once the employee accepts a shift they are obliged to work the shift and the Employer is obliged to provide that shift.

(d) A term employee is one who fills a special project position. Special projects are not to exceed twelve (12) months at any onetime, except by mutual agreement of the parties. The Society will provide written notification to the Union upon hire of each employee hired under this definition.

2.03 Work of the Bargaining Unit

a) The Union and the Society agree that for the purposes of this agreement 'work of the bargaining unit' shall mean the provision of individual and group counseling services and programs to the clients of the Society, and more generally, the support required for this activity, and in addition, the efforts required to maintain the Society as a viable non-profit, voluntary sector entity.

b) This 'work' is further qualified as being below the level expected of Supervisors but shall not include the same work done by Supervisors as is done by the bargaining unit.

c) Nothing in this Agreement, notwithstanding the foregoing, shall be

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interpreted so as to restrict Supervisors from continuing to provide counselling services and programs to the Clients of the Society, in addition to fulfilling their supervisor functions, as they currently do.

d) Contracting Out The Society agrees that it will not contract out work normally done by the bargaining unit to an extent, which would result in bargaining unit lay-offs.

This clause will not apply where the program funding is no longer provided to the Society.

2.04 Where a position warrants a full-time or part-time staff person, students will not be used to fill a position. The parties acknowledge that co-op and summer student assistance is beneficial to the education of students at the same time as assisting the Society and individual members of the collective bargaining unit.

ARTICLE 3- NO DISCRIMINATION

3.01 The Society and the Union agree that there shall be no intimidation, harassment, interference or coercion exercised or practiced by any of their respective representatives, with respect to any employee, because of membership or non­membership in the Union.

3.02 The Society, employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code as amended from time to time and agree that there shall be no discrimination, restraint, intimidation, harassment or coercion practised or permitted by the Society or the Union or any of their representatives against any employee because of the grounds under the Code in regard to hiring, promotions, demotions, layoffs, dismissals, rates of pay or other terms or conditions of employment. ·

3.03 The Union further agrees that there will be no solicitation of members, collection of dues, Union Executive or Membership Meetings, or other Union activities either on the premises of the Employer or at such location where services are being provided by employees except as where specifically permitted by this Agreement or as specifically authorized in writing by the Employer.

3.04 The Society shall make every reasonable effort to accommodate the needs of an Employee in the exercise of the individual's right related to her religion, parental obligation, disabilities or injuries affecting the employee.

ARTICLE 4- MANAGEMENT RIGHTS

4.01 The Union recognizes and acknowledges that the management of the Society and the direction of the working forces rest exclusively with the Society. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Society to:

a) operate and manage the Society's affairs and facilities in all respects as it sees fit;

b) maintain order, discipline and efficiency;

c) hire, transfer, assign, appoint, promote, demote, lay-off, recall, suspend, retire, discipline or discharge the employees and to discipline or discharge any probationary employee for any reasons satisfactory to the Society;

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d) classify, reclassify or declassify its job classes and to determine from time to time job content, job descriptions, standards of performance, the qualifications required of its employees and performance evaluation processes;

e) determine from time to time, the number of employees, if any, required for each job or job class, the hours to be scheduled, starting and finishing times, the places where the work shall occur and the duties to be performed during those times and at those places;

f) engage the services of any person or group of persons or any firm, organization or other entity, full-time, part-time or under such other terms and conditions as are deemed by the Society to best meet its needs from time to time;

g) make, enforce and alter, from time to time, rules, policies and practices to be observed by the employees.

4.02 The Society retains all other rights and responsibilities not specifically modified by this agreement and these rights shall not be exercised in a manner inconsistent with those modifying provisions.

4.03 The Union agrees that the Society has the exclusive right and power to study the efficiency and effectiveness of its operations in relation to what is known about best practice in the Society's pursuit of its objectives and further, the Union agrees

that the Society has the exclusive right and power to introduce new or improved programs, services and methods. The Union agrees to co-operate with the Society in the pursuit of these objectives.

4.04 The Union agrees that the Society has the exclusive right and power to seek or require accreditation, certification or other recognition which would verifY the ability of any of its employees; the quality of its programs or services; or the effectiveness of the Society as a whole.

4.05 In the case of required membership in professional organizations, proof of eligibility shall be sufficient, subject to the terms and conditions of the Society's funding sources.

ARTICLE 5 -DUES DEDUCTION

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5.01 The Society shall deduct from each month's pay of each employee beginning with the first day of employment and starting with the pay period nearest to the effective date of this agreement, an amount equivalent to such union dues as may be designated by the Union from time to time. In addition, the Society shall deduct union dues from any retroactive wage payments. The Society agrees that it will remit the total amount of such deductions to the Director of Financial Administration of the Union, 100 Lesmill Road, North York, Ontario, M3B 3P8, not later than the 15th day of each month following the month that deductions were made. The remittance shall be accompanied by a list of names and social insurance numbers of those employees for whom deductions have been made. The list shall clearly indicate changes in employment status for promotion, demotion, termination and leaves of absence.

5.02 The Society agrees to give each person in the bargaining unit a T-4 slip for income tax purposes showing the amount of dues deducted and shall give it to each person in the bargaining unit on time for inclusion in their income tax return.

5.03 The Union will advise the Society in writing of the amount of its regular dues. The amounts specified shall continue to be deducted until changed by further written notice to the Society.

5.04 The Union agrees to save the Society harmless and to indemnifY the Society with respect to any claim made against the Society by any employee or group of employees arising out of the deduction of union dues as herein provided.

ARTICLE 6- UNION REPRESENTATION

6.01 The Society agrees to recognize not more than two (2) Union Stewards elected or appointed from among the employees in the bargaining unit who have completed their probationary period.

.. 6.02 The duty of the stewards shall be to represent employee(s) and to process grievances

or complaints as outlined in the grievance procedure of this Agreement.

6.03 The Union will inform the Society, in writing, of the names of the stewards and of any subsequent changes and the Society will not be required to recognize such stewards until notification from the Union has been received.

6.04 The Union acknowledges that the stewards have regular duties to perform on behalf of the Society. Such persons shall not leave their regular duties without receiving permission from their supervisor. Such permission shall not be withheld unreasonably.

6.05 a) Meetings involving grievances or complaints shall be at times and places agreed to between the Union and the Society.

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b) A grievor, or an employee whose participation is necessary at a meeting arranged between the Society and the Union who attends such a meeting during his/her normal working hours shall be paid at this/her regular earnings for the period of time to attend the meeting as well as any time spent preparing for that meeting, such preparation time to be limited to a maximum of one (1) hour. This section shall also apply to the Union Steward who is authorized to represent the grievor.

6.06 a) The Society agrees to recognize one (1) steward, for the purpose of processing an employee grievance.

b) When discipline is to be imposed, an employee is entitled to be represented by a Union steward.

6.07 (a) The Society agrees to recognize the negotiating committee comprised of a Union Staff person plus two (2) representatives who shall be elected or appointed from amongst the employees in the bargaining unit for the purpose of negotiating the Agreement or its renewal. For the time spent in negotiations, the employee's credits and applicable benefits shall be maintained by the Society.

(b) The Society shall also release negotiating team members from duty for preparation time. This preparation time will be at the Union's expense.

(c) The Union will inform the Society, in writing, ofthe names of the negotiating team members and of any subsequent changes and the Society will not be required to recognize such negotiating team members until notification from the Union has been received.

6.08 Employer/Employee Relations Committee

a) It is agreed that a joint committee will be established with two stewards representing the Union and two representatives of the Society.

b) The committee shall meet at least every two (2) months unless mutually agreed to do otherwise to discuss matters of concern arising from this Agreement. Such meetings shall occur at a mutually agreed time and place. Each party shall notify the other party of the proposed agenda items one (I) week in advance of the meeting. There shall be no meeting if agenda items are not identified.

c) Chairmanship of the Committee shall alternate between the Union and the Society, beginning with the Union.

d) The Committee shall not have the power to alter, amend or modify the specific terms of the Agreement.

6.09 The Society shall maintain salary, benefits and credits for employees carrying out union activities under this Agreement as follows:

a) for employees serving on the Employer/Employee Relations Committee, for scheduled meeting time, during regular working hours;

b) . for a steward involved in grievance meetings during regular working hours, up to, but not including arbitration;

6.10 The Society further agrees to approve reasonable requests for preparation time.

6.11 Employees shall have the right to the assistance of an OPSEU Staff Representative whenever necessary. The Union agrees that the exercise of this right shall not interfere with the Society's operation.

6.12 Copies of the Agreement

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The Society and the Union desire all parties to be familiar with the provisions of this Agreement and the rights and obligations under it. For this reason, the parties shall share equally the cost of printing and distribute sufficient copies of this Agreement to all parties. Where required the parties shall make the agreement accessible to employees in alternative formats or languages.

6.13 A new employee will have the opportunity to meet with a representative of the Union in the employ of the Society for a period of up to 15 minutes during the employee's orientation period without loss of regular earnings. The employee will be given a copy of the collective agreement.

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6.14 Bulletin Board

The Society will provide a bulletin board at the Society's main office site for the purpose of posting notices regarding meetings and other matters ofUnion business. Notices must be approved by the Union Local President or Unit Steward in conjunction with the Executive Director or designate. Such approval shall not be unreasonably withheld .

ARTICLE 7- OCCUPATIONAL HEALTH AND SAFETY

7.01 The Society and the Union agree to recognize and co-operate in the implementation of the requirements ofthe Occupational Health and Safety Act RSO, 1990 as amended from time to time.

7.02 The Society will continue to make reasonable provisions for the health and safety of its employees during the hours of their employment. Any issues pertaining to health and safety will be referred to the Employee/Employer Relations Committee.

7.03 The Society and the Union agree to establish an Occupational Health and Safety Committee (which may be the same as the Employer/Employee Relations Committee) which shall meet at least quarterly and be composed of two (2) members from each the Society and the Union with a co-chair from each. This committee shall establish its own agenda and procedure and the parties agree to provide each other with one week's notice of any agenda items.

ARTICLE 8 - NO STRIKE OR LOCK-OUTS

8.01 There shall be no strikes or lock-outs for the term of this agreement as provided in the Labour Relations Act.

ARTICLE 9- GRIEVANCE PROCEDURE

9.01 For the purposes of this Agreement, the Union and the Society agree that a grievance is defined as any difference between the parties relating to the interpretation, application, administration or alleged violation of this Agreement.

9.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until slhe has first given his/her immediate supervisor the opportunity of adjusting his/her complaint. Such complaint shall be discussed with his/her immediate supervisor within five (5) working days ofbecorning aware of the grievance. If the complaint is not settled, it shall be taken up as a grievance within

five (5) working days of the discussion with his/her supervisor under the following procedure:

9.03 Stage 1

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The employee may file a grievance in writing with the immediate Supervisor. The written grievance, signed by the employee, shall state the nature of the grievance, the remedy sought and shall specify the provision(s) violated. The immediate Supervisor shall give the grievor his decision in writing within five ( 5) working days following the day on which the written grievance was presented to him/her.

9.04 Stage 2

If the grievance is not resolved at Stage 1, the grievor may submit the grievance to the Executive Director, or his designee, who shall hold a meeting with the grievor and his/her union representative at a mutually agreeable time within five (5) working days of receipt of the request. The Executive Director shall deliver his decision in writing within five (5) working days of the meeting. If the grievance is not resolved at Stage 2, the grievor may submit his/her grievance to arbitration as set out below in Article 10.

9.05 Dismissal Grievance

A discharged employee who has completed the probationary period and alleges the discharge was not for just cause may file a grievance at Stage 2 of the grievance within seven (7) working days of his/her being given notice of discharge.

9.06 Policy and/or Group Grievances

a) Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, it may be submitted at Stage Two of the grievance procedure. Such grievances must be submitted within ten (1 0) working days after the incident giving rise to the grievance. However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute any individual grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed.

b) A policy grievance filed by the Society shall be submitted at Stage Two to the Unit Steward or her designate. Such grievance must be submitted within ten (1 0) working days after the incident giving rise to the grievance.

9.07 It is agreed that the time limits and all of the requirements of the grievance procedure in this Article (Grievance Procedure) and Article 10 (Arbitration) are to be considered mandatory and must be strictly complied with except where extended or abridged by the mutual agreement of the parties in writing. In the event of a failure to act within the time limits specified in these articles, the grievance will be deemed to have been abandoned.

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9.08 An employee, at his/her option, may be accompanied and represented by a union steward at all meetings of the grievance procedure .

9.09 All agreements reached under the Grievance Procedure between the representatives of the Society and the representatives of the Union and/or the employee(s), shall be final and binding upon the Society, the Union and the employee(s) involved.

ARTICLE 10- ARBITRATION

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10.01 Where a grievance which has not been resolved through the grievance procedure is referred to arbitration, the following shall apply:

a) The party referring the grievance shall give written notice to the other party not later than ten ( 1 0) working days after the response from Stage 2 that it intends to refer the matter to arbitration, giving the name and address of the proposed arbitrator.

b) Within ten (10) working days after receiving such notice, the other party shall respond by agreeing to the arbitrator or proposing an alternative arbitrator(s).

c) Failing agreement within fifteen (15) working days or such time as may be agreed by the parties, an appointment may be made by the Office of Arbitration at the request of either party.

10.02 a) By mutual agreement, the parties may elect to have a tri-partite board hear the matter in dispute instead of a single arbitrator. In such case, the party wishing to submit the issue to arbitration should indicate, in its notice of intent to arbitrate, that it would like the matter heard by a tri-partite board of arbitration. The recipient of the notice shall inform the other party within seven (7) working days of receipt of the notice if it is agreeable or not to the matter being heard by a tri-partite board. If not the parties shall use the procedure set out under Article 1 0.01.

b) Within ten (10) working days after receiving such notice, the other party shall respond by indicating the name and address of its nominee to the Arbitration Board.

c) The two nominees shall, within seven (7) working days after the receipt of appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board.

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d) If the recipient fails to name a nominee or if the two nominees fail to agree on a chairperson, appointments as required may be made by the Office of Arbitration at the request of either party.

1 0.03 The arbitrator or Arbitration Board shall be governed by the following provisions:

a) He/she shall hear and determine the grievance and issue a decision which is final and binding on the parties and upon any employee affected by it.

b) In the case of a Board, the decision of the majority is the decision of the Board, but if there is no majority, then the decision of the chairperson governs.

c) Each party shall pay one-half ( 1/2) of the remuneration and expenses of the arbitrator or Chairperson in the case of a Board.

d) The Arbitrator or Board shall determine its own procedures but shall give full opportunity to all parties to present evidence and make representations.

e) Each of the parties hereto shall bear the expense of its own nominee.

10.04 The Arbitrator or Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement.

ARTICLE 11 -PERSONNEL FILE

11.01 An employee, during the course of his or her employment, shall have a right to examine all documents pertaining to him or her in the personnel file. Examination of such a file shall occur at a time convenient to the Society and the Employee and following a written request from the employee to the Executive Director or designate. The review will take place in the presence of a representative of the Society and there will be no right to remove items from the file. The employee, however, shall be allowed to copy to make copies of documents contained in the file.

11.02 No document will be added to an employee's personnel file without a copy being sent to the employee prior to its insertion in the file with a written indication that it is being placed in the personnel file. Article 11.02 does not apply in the case of material originating with the employee.

11.03 If an employee responds in writing to any correspondence regarding personnel matters, this response will be inserted in the employee's personnel file.

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11.04 The Employer shall remove any letter of reprimand, suspension or other disciplinary sanction contained in the employee's file from the employee's file after a period of twenty-four (24) months, provided that there has been no subsequent discipline during the twenty-four month period.

11.05 The Society will not rely on or refer to adverse conunents on a performance

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appraisal if subsequent appraisals do not show a continuation of the problem twenty­four (24) months after the occurrence of the original problem.

11.06 An employee who objects to his or her performance appraisal may elect to attach a statement to the document setting out the details of and reasons for the objection.

ARTICLE 12 - SENIORITY

12.01 Seniority as referred to in this agreement shall mean length of continuous service in the bargaining unit from the last date of hire in the employ ofthe Society and shall be on a bargaining unit-wide basis.

a) Full-time employees shall accumulate seniority on the basis of years, months, and days of employment since last date of hire.

b) Part-time employees shall accumulate seniority on the basis ofhours worked since last date of hire.

c) A student or Term employee's hours shall only accumulate toward seniority if the employee's status subsequently changes to Full-time, Part-time or Relief with no break in service of longer than thirteen (13) weeks.

12.02 Seniority lists showing the name, seniority and current classification of the employees will be maintained and posted on the Union bulletin boards. The lists shall be updated and posted in the first full week of January in each year. A copy of each list shall be supplied to the Union at the time of each posting.

12.03 Where an employee moves from full-time status to part-time status or vice-versa, she shall retain the accumulated seniority hours attained at the date of transfer and accumulate future seniority in accordance with the new status. One year of full-time seniority shall equal 1820 hours.

12.04 Probationary Employee All new employees shall be hired on a probationary basis for a period of six ( 6) months. The termination of a probationary employee, prior to the completion of his/her probationary period, shall not be the subject of a grievance.

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The probationary period may be extended for an additional ninety (90) days by the Society.

Notice of extending of the probation period shall be to the Union and the employee no later than ten (I 0) working days prior to the end of probation.

12.05 Accumulation of Seniority

Seniority shall continue to accumulate during any paid leave, and for the first thirty (30) days of any unpaid leave. An employee returning from an extended unpaid leave of absence shall be credited with the amount of seniority s/he had when s/he left. Seniority shall continue to accumulate during the entire period of a pregnancy and parental leave or Union leave.

12.06 Loss of Seniority and Termination of Employment

Continuity of service shall be considered broken and employment terminated if the employee:

a) resigns or retires;

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

c) fails to report to work on the expiration of a leave of absence unless a reason satisfactory to the Society is provided by the employee, in writing;

d) fails to report for work within five (5) working days after receipt of notice of recall by registered mail to the employee's last address on record with the Society and/or fails to report to work within ten (1 0) working days of receiving the notice of recall:

e) is absent from scheduled work for three (3) consecutive working days without notifying the Executive Director or designate of such an absence and providing a written reason satisfactory to the Society;

f) is laid off for a period in excess of twelve (12) months;

g) uses any leave of absence for a purpose other than that for which the leave was granted;

h) if he/she is employed for an agreed term of employment, at the end of such agreed term.

12.07 It shall be the responsibility of the employee to keep the Society informed of the employee's current address. If any employee fails to do this, the Society will not be responsible for a failure of a notice to reach an employee.

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ARTICLE 13- POSTING AND FILLING OF VACANCIES, PROMOTIONS AND DEMOTIONS.

13.01 In all cases of filling a vacancy oflonger than three (3) months within the bargaining unit, the Society shall be guided by the following factors:

a) skill, ability, efficiency, effectiveness, job performance history, experience and such other characteristics or qualifications as relate to the requirements of the position;

b) accreditation, certification or other professional or educational designation or recognition, or the Society's reasonable expectation of its being achieved within a time frame as determined by the Society;

c) seniority.

13.02 Where two or more employees are judged by the Society to be relatively equal on the basis of the factors set out in 13.01 (a) and (b) then seniority shall prevail.

13.03 The Society will post on the Union bulletin board and via e-mail to employees who have supplied their personal e-mail, for seven (7) working days, a dated copy of a 'Notice ofVacancy' which shall contain the following information: title, job classification, nature of the position, qualification and experience required to perform the job, hours of work and wage range.

13.04 Any employee wishing to be considered for a posted position shall make application, in writing, to the Executive Director or designate no later than the seventh (7th) day of the posting.

13.05 In the case of a vacancy the Society will post the vacancy internally first and finding no applicants internally qualified in accordance with factors outlined in Article 13.01 will then post externally. Each internal applicant will be informed, in writing, of the outcome of the job posting within five (5) working days ofthe final decision having been made.

13.06 A temporary assignment is one that is expected to be less than six (6) months in duration or as a specific replacement for an employee on parental leave, illness, accident or another leave of absence with a pre-defined duration, such duration not to exceed twelve (12) months except by mutual agreement of the parties.

In filling such temporary vacancies, the Society agrees to consider bargaining unit employees who have expressed an interest in filling such positions.

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13.07 Where the Society is required to accommodate an employee disability under the Ontario Human Rights Code, as it is amended from time to time, the parties recognize and agree that notwithstanding any provisions of this Agreement to the contrary, the Union and the Society will meet to discuss the accommodation required.

ARTICLE 14- JOB SECURITY-LAYOFF AND RECALL

(This Article shall only apply to Full-Time and Part-Time Employees)

14.01 A layoff is defined as a reduction in the regular hours of a position, reduction in the number of bargaining unit employees, or the elimination of one or more bargaining unit positions which are occupied by employees at the time of elimination.

14.02 The Society will provide the employee with four (4) weeks written notice to the employee and four (4) weeks notice to the Union.

14.03 In all cases oflayoffand recall, the Society shall be guided by Articles 13.01 and 13.02 (Posting and Filling ofVacancies, Promotions and Demotions) of this Agreement in deciding among affected employees.

14.04 When the Society decides to lay off or to reduce the number of full-time employees in the bargaining unit or reduce the normal hours of work, the following placement and displacement provisions shall apply to full-time employees so affected. The Society shall identify the least senior employee in the job/classification that has become redundant and issue the notice of layoff to the person filling the position. An employee given notice of a permanent layoff shall be entitled to accept the layoff and retain recall rights or be assigned to a vacant position or displace another employee in the following sequence:

(a) an employee will reassigned by the Society to a vacant full-time position with the same maximum rate in lieu of being laid off if the employee has the skill, ability, experience and such other characteristics or qualification that are necessary to perform the normal requirements of the position;

(b) failing placement under paragraph (a) above, such employee shall be reassigned to displace another full-time employee in the same classification or if not possible then in another classification with the same maximum rate provided that:

(i) the employee has the skill, ability, experience and such other characteristics or qualifications that are necessary to perform the normal requirements of the position;

(ii) the employee being displaced has lesser seniority;

(c) failing placement under (b) above, such employee shall be reassigned to a vacant full-time position with the next lower maximum rate in the bargaining

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unit in lieu ofbeing laid off if the employee has the skill, ability, experience and such other characteristics or qualification that are necessary to perform the normal requirements of the position;

(d) failing placement under paragraph (c) above, such employee shall be re­assigned to displace a full-time employee in a classification with the next lower maximum rate of pay provided that:

(i) the employee has the skill, ability, experience and such other characteristics or qualifications that are necessary to perform the normal requirements of the position;

(ii) the employee being displaced has lesser seniority;

(e) The procedure in 14.04 (c) and (d) above shall be repeated until all classifications have been considered;

(f) failing placement under paragraph (a) (b) (c) and (d) above, such employee shall be re-assigned to displace a part-time employee, if the employee agrees, provided that:

(i) the employee has the skill, ability, experience and such other characteristics or qualification that are necessary to perform the normal requirements of the position;

(ii) the part-time employee being displaced has lesser seniority than the displacing employee.

In this case, the displacing employee will be designated a part-time employee;

(g) failing placement under paragraph (f) above, such employee shall be laid off without further notice subject to recall.

14.05 Temporary Work Employees on layoff shall be given preference for temporary work for which they are qualified, if such work is expected to exceed ten (1 0) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept the recall and may instead remain on layoff.

14.06 Information to EERC

The Society will provide the Employer-Employee Relations Committee (EERC) with pertinent information regarding reorganization which impacts on the bargaining unit.

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14.07 Recall Employees who are laid off shall be placed on a recall list and shall retain, but not accrue seniority for twelve {12) months.

14.08 The Society shall recall employees in order of seniority to vacant bargaining unit positions provided that the employee has the skill, ability, experience and such other characteristics or qualifications that are necessary to perform the normal requirements of the position for a period of twelve {12) months from date of layoff.

14.09 An employee who is recalled and reinstated to a position with a lower rate of pay than the position which was occupied at the time of the layoff shall be given the first opportunity to return to their former position.

14.10 No new employee shall be hired until those laid off and placed on the recall list have had the opportunity to be recalled.

14.11 Government Programs

The Society agrees that no bargaining unit employee shall be laid off as a result of the Society's participation in Federal, Provincial or Municipal Wage Assisted/Workfare. Further, the Society agrees that there shall be no loss of hours, wages or jobs for either part-time or full-time employees as a result of the Society's participation in such programs.

14.12 Restructuring In the event of reorganization or restructuring of the Employer, which may have potential adverse effects upon employees in the bargaining unit, the employer shall notify the Union of such plans as far as practicable in advance

ARTICLE 15 - LEAVES OF ABSENCE

15.01 Bereavement Leave A full time employee who would otherwise have been at work and who has completed his or her probationary period shall be entitled up to:

a) five {5) days' absence with pay in the event of the death ofhislher spouse or common-law spouse, child, parent or ward, brother, sister, fiance or relative permanently residing in the employee's household.

The above bereavement leave will be pro-rated for permanent part time who work more than seven {7) hours per week and who would otherwise have been at work and who has completed his or her probationary period.

b) three (3) days' absence with pay in the event of the death of a mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild.

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c) In the event of the death of any other relative, time off with pay shall be granted, not to exceed one ( 1) day, for the purpose of attending the funeral.

d) If the employee requires additional time off, he or she may arrange with their supervisor for vacation, lieu time or leave without pay.

15.02 Jury Duty and Witness Leave If a full-time employee is called for jury duty and serves as a member of a jury, the Society will make up the difference between average hourly earnings lost and the amount of jury fee received, providing the employee furnishes the Society with a Certificate of Service signed by the Clerk of the Court showing the amount of any fee received.

15.03 Maternity and/or Adoption Leave Employees shall be entitled to unpaid maternity or adoption leave of absence. The Leave shall be in accordance with Employment Standards Act and the Employment Insurance Act as both are amended from time to time and shall be without loss of seniority or service.

(a) The employee must give the Employee two (2) weeks written notice of the date the leave is to begin.

(b) If the employee does not specify the end date of the maternity leave, it will be assumed that she wishes to take the maximum leave in accordance with the Employment Standards Act. The employee must give the Employer four (4) weeks written notice of the date on which she intends to return.

15.04 Parental Leave Employees shall be entitled to unpaid parental leave of absence. The leave shall be in accordance with the Employment Standards Act and the Employment Insurance Act as both are amended from time to time and shall be without loss of seniority or service.

(a) For a natural mother/employee, parental leave shall commence when maternity leave ends. For a father/employee or an adoptive parent/employee, parental leave must commence within fifty-two (52) weeks after the birth or after the child first comes into the custody, care, or control of the parent/employee.

(b) Parental leave must be taken all at one time.

(c) The employee must give the Society two (2) weeks' written notice of the date the leave is to begin. If the employee does not specify when the leave will end,

it will be assumed that the employee wishes to take the maximum leave in accordance with the Employment Standards Act.

15.05 Union Leave

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a) The employer shall grantleave of absence without pay to attend Union functions provided that this leave does not unduly interfere with the operations of the Employer. Such leave will not be unreasonably withheld. In requesting such leave-of-absence for an employee(s), the Union must give at least ten (10) calendar days notice in writing to the Employer.

b) Leave for Executive Board Members: Full time Position When an employee is elected or appointed to a full-time position with OPSEU, the Employer shall grant a leave of absence without pay and without loss of seniority for the duration of the leave. The benefit coverage to be paid by OPSEU. At the end of the assignment, the employee shall, upon two (2) weeks' notice be returned to the position held immediately prior to the commencement of the leave or to a comparable position with no decrease in pay should the original position be eliminated.

c) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as an Executive Board Member of the Union. The Union will reimburse the Employer for the salary and benefits paid to the employee.

15.06 Other Leaves The Society may grant leave of absence, without pay, for other reasons, at its discretion. Request for such leave shall be in writing and clearly state the reason for the leave and its duration. It is understood that such leave shall not be for the purpose of taking other employment.

15.07 Subject to the terms of the benefit plans, an employee shall be allowed to continue enrolment in all employee benefit plans at the employee's own expense while on unpaid leave of absence.

ARTICLE 16- SICK LEAVE

16.01 Permanent, full time employees shall be granted sick leave accumulatively, at the rate of one and one half ( 1 Y2) days per month up to eighteen ( 18) days per fiscal year. Up to four (4) of the eighteen (18) days may be utilized as discretionary days to be taken at a time approved by the Executive Director. Any days required for the care of an ill child or dependent family member shall be charged to accumulated sick leave. Unused sick leave may not be accumulated from year to year.

(a) Full time employees who are going to be off on sick leave must notify their supervisor directly before the start of their next regularly scheduled shift.

16.02 Part time employees shall be entitled to sick leave pro-rated to the hours worked.

16.03 The Society may request a medical certificate because of absence due to illness.

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For sick leave exceeding three (3) consecutive working days, a certificate shall be required. Such certificate shall be obtained by the employee and given to their Supervisor.

16.04 Accumulated sick leave days have no residual monetary value at the time of an employee's termination of active employment or upon retirement.

ARTICLE 17- PROFESSIONAL DEVELOPMENT

17.01 The parties recognize the importance of continuing professional development opportunities that will enable staffto keep abreast of new ideas.

17.02 The Society will therefore attempt to budget funds to enable each employee in the bargaining unit to participate in professional development.

17.03 The Society will oversee the training of its staff and expenditures in relation to professional development opportunities, in the context of the service delivery needs of the Society and available funding.

17.04 It is understood that final responsibility for the approval of individual Professional Development proposals shall rest with the Society.

ARTICLE 18- HOURS OF WORK, OVERTIME AND COMPENSATING TIME OFF

18.01 The standard work week for full time employees consists of thirty five hours. The standard work day is seven hours, exclusive of meal periods.

18.02 The standard hours of operation of the Society shall be 8:30a.m. to 4:30p.m. Monday to Friday or as established from time to time by the Society based on operation requirements.

It is understood that some programs such as Groups, operate during established hours at various times throughout the day and evening, such hours to be established by the Society according to the needs of the particular program.

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18.03 Employees shall be entitled to one fifteen ( 15) minute break in each half of a normal working day, to be taken at a time mutually acceptable to the employee and the Supervisor.

18.04 The parties agree that employees shall not normally work overtime for an extended period of time. However, the parties agree that circumstances may arise whereby an employee may be required to work overtime subject to the following procedure:

(a) All overtime must be approved in advance by the Executive Director or designate. However, the parties agree that emergency situations may arise

·where it is not possible to have overtime approved in advance and in such circumstances approval my be given at the direction of the Executive Director or designate;

(b) An employee shall not work in excess of forty-four (44) hours per week in accordance with the Employment Standards Act, 2000, as amended from time to time;

(c) Hours of work in excess of the standard work week shall be compensated for by providing employees with compensatory time off (CYO or time in lieu);

(d) Overtime hours will be banked by the employee and compensating time off (CTO) will be given to the employee at the rate of one hour (l) for every hour of overtime worked.

(e) employees requesting lieu time must complete a "CTO" request sheet, outlining the approved accumulated lieu time and the proposed compensating time off requested, and submit this sheet to the supervisor at least forty-eight ( 48) hours in advance of the day of absence;

(f) compensating time off shall be at a time mutually agreed upon by the employee and the supervisor and shall normally be taken as soon as possible, and in any event prior to the accumulation of fourteen (14) hours unless otherwise approved by the Executive Director or designate. Further, compensating time off must be taken with three (3) months of the work week in which the overtime was earned unless otherwise approved by the Executive Director or designate, and

(g) compensating time off shall be granted in blocks of half or full days and where more than one employee requests time off on the same day, and all requests cannot be granted, the employee with the most seniority will be given preference unless the employees present other alternatives for scheduling the time off which are acceptable to all parties;

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18.05 Weekend and Holiday Premium

18.06

An employee working on a Saturday, except those employees regularly scheduled to work on a Saturday, shall receive compensating time off (CTO) at the rate of time and one half (1 1 h) for all hours worked. An employee working on a Sunday, except those employees regularly scheduled to work on a Sunday, or a Statutory Holiday as· defined in Article 21.01, shall receive double (2X) compensating time off for all hours worked in addition to her regular salary.

It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not be considered a guarantee as to the hours of work per day, the days of work per week, nor a guarantee of working schedules.

18.07 Flexible Scheduling

The parties agree that innovative schedules may be developed in order to improve the quality of working life. The innovative schedule will ensure service requirements are maintained, there are adequate staff resources and cost efficiency is supported. The parties agree that such innovative schedules may be developed by mutual agreement (eg. Compressed Work Week Agreements, Working less than full time, Job Sharing, etc.) It is understood that if the Union on behalf of their members wish to enter into an innovative schedule they will table a written proposal for a model agreement that will reflect rights, entitlements and obligations of the parties and the participants, with the employer. Either party may discontinue the innovative schedule with ninety (90) days notice. If either party wishes to amend model language referenced above, they will meet within thirty (30) days and will incorporate changes acceptable to both parties. Employees may, with the consent of their supervisor, flex their start and finish times. These schedules and requests to flex start/finish times will pertain to full-time and/or part time employees and it is understood that employees wanting to work innovative schedules/flex time will not be unreasonably denied the opportunity.

ARTICLE 19- WAGES

19.01 Wages shall be as set out in Appendix "A".

ARTICLE 20 -STATUTORY HOLIDAYS

20.01 Employees who have completed their probationary period (and subject to the qualifying provisions of the Employment Standards Act, 2000, as amended from time to time) shall be entitled to the following holidays with pay:

New Year's Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day

These statutory holidays will be pro-rated for part-time staff.

For Full Time Employees:

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An additional three {3) floating holidays will be taken during the Christmas season by all staff on the same dates, which said dates are to be determined by the Executive Director in consultation with the full time employees.

20.02 When Christmas, Boxing Day, New Years Day or Canada Day faH on a Saturday or a Sunday, employees will have an adjacent working day off at the discretion of the Executive in consultation with full-time employees.

20.03 If any of the above holidays fall or are observed during an employee's vacation or on a scheduled day off, the employee shall receive another day off with pay at a time mutually agreeable to the Society and the employee.

20.04 In order to be entitled to payment for statutory holidays, an employee must have Worked his or her full scheduled hours of work on the work day immediately preceding and immediately following the statutory holiday unless excused by the Society or the employee was absent due to:

(a) bereavement leave;

{b) court duty leave;

{c) regularly scheduled vacations; or

{d) sickness for which a medical certificate issued by a qualified physician is presented to the Society.

20.05 When considered necessary by the Society, a minimal staffing level may be maintained on statutory/floating holidays. In such circumstances, the employee who is required to work shall be compensated by receiving an alternative day off work at a mutually convenient time.

20.06 Employees who celebrate religious holidays other than public holidays may be granted by the Executive Director up to three {3) days per year to observe their religious holidays.

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ARTICLE 21- VACATION WITH PAY

21.01 All full time employees, upon successful completion of the probationary period, shall be entitled to vacations with pay based on length of full-time continuous service as follows:

Twenty (20) working days per year with one (I) additional day per year for each completed year of service to a maximum entitlement of thirty (30) days per year, with such entitlement to accrue, proportionately, on a monthly basis.

21.02 All entitled employees shall be permitted and are encouraged to take credited vacation leave during the calendar year. An employee may take two (2) but not normally more than two (2) segments per year, with each segment not to exceed fifteen ( 15) days.

21.03 Upon request in writing an employee shall be permitted to carry over the equivalent of twenty (20%) percent of their vacation year's entitlement to the subsequent vacation year. Such approval shall not be unreasonably withheld.

21.04 a)

b)

c)

Vacation requests will be submitted in writing three (3) months in advance of the requested vacation time.

When a conflict arises as a result of two or more employees requesting Vacation for the same period of time and who have submitted their request with the required notice time, such vacation time shall be granted according to seniority.

The Society shall respond to the employee acknowledging his or her Vacation request with ten (I 0) working days.

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21 .05 Where during his/her vacation an employee becomes seriously ill or hospitalized, he/she may elect to use his/her accrued sick leave credits for the period of hospitalization in place of his/her vacation time provided that he/she provides proof satisfactory to the Society of such illness or hospitalization for the period in questions.

21.05 No employee shall be required by the Employer to work during his or her scheduled vacation period. However, if an employee agrees to work when requested during vacation, the employee shall receive an alternative vacation day(s) to be taken at a mutually agreeable time.

21.07 Part time staff shall receive 4% of their regular wages in lieu of vacation with pay. This will be paid to the employee twice per year.

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ARTICLE 22 - INSURED BENEFITS, PENSION PLAN AND GROUP RRSP

22.01 The Society agrees to provide the members of the bargaining unit with a benefit package, pension plan and RRSP with its cost sharing formulas, as are determined from time to time by the John Howard Society of Ontario. The Society further agrees to provide the employees with literature describing the benefits upon hire and as they are amended from time to time.

22.02 The description of the benefits, pension plan and RRSP shall be attached to this collective agreement as Appendix "B".

22.03 The Society shall provide to the Union a complete copy of any and all plans as well as any changes made to the plan.

22.04 It is understood that the administration of the benefit plans are not part of the agreement and are not subject to the grievance and arbitration procedure. The Society's sole responsibility under this collective agreement is to contribute towards billed premiums as required.

ARTICLE 23- EXPENSES

23.01 An employee shall be reimbursed for any reasonable out-of-pocket expenses incurred in the service of the Society and with prior approval within the following guidelines:

(a) Out ofTown Travel reimbursed at actual rates (receipts required);

(b) Overnight Accommodation: reimbursed at actual rates (receipts required);

(c) Meals: reimbursement to the following maximum amounts, inclusive of taxes and gratuities (receipts required):

Breakfast Lunch Dinner

$10.00 $15.00 $25.00

(d) If an employee is required to use his/her car in the service of the Society,. outside of the Town or City in which their home office is located (Lindsay,

· Barrie or Haliburton) they shall be reimbursed thirty-five cents ($.35}per kilometre driven from their home office or house, whichever is less, and all parking expenses (parking receipts required).

...

(e) If an employee is required to use his or her car in the service of the Society, they shall be reimbursed for pre-approved travel, at the rate of forty cents ($.40) per kilometre driven from their home office or house, whichever is less, and all parking expenses (parking receipts required).

23.02 The Society agrees to provide any employee who is required to use their own automobile on Society business, with a parking space or to pay for the parking of their automobile for up to $1.00 per day. Any affected employee may submit an expense claim for parking used during standard hours of operation and shall not be unreasonably denied.

ARTICLE 24 - GENERAL

24.01 All Letters of Agreement and Appendices to this Agreement shall be considered attached to and part of this Agreement and subject to all of its terms.

24.02 Whenever the feminine pronoun is used in this Agreement, it includes the masculine pronoun and vice versa where the context so requires. Where the singular is used, it may also be deemed to mean plural and vice versa.

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ARTICLE 25- DURATION

25.01 This agreement shall be in full force and effect from April 1, 2006 to March 31t 2009. Either party may serve the other with notice within the last three (3) months of its operation that it ;W!!ihes to amend the Agreement. On receipt of such notice by either party, the tWo parties shall meet and bargain in good faith to reach a renewal agreement.

In the event that neither party serves notice to amend as provided in this Article, this Agreement shall continue automatically for an annual period of one year each until and unless one party gives notice under this Article.

25.02 During any period of renegotiation, all terms of and conditions ofthe Agreement shall remain in effect and the Agreement shall remain in effect until:

a) the parties are in a legal strike or lockout position; or b) both parties have ratified a renewal of this agreement with such changes

as may have been agreed.

Datedat ~

The John Howard Society of Victoria/Haliburton/Simcoe & Muskoka Local309 Collective Agreement expiring March 31, 2009

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FOR THE EMPLOYER II

JOHN HOWARD SOCIETY OF VICTORIAIHALIBURTON/S&M

SALARY GRIDS

Union Pay Equity Plan

Revised Aug. 25/06 Revised

(Dec. 8/03) Equity Job JOB RATE JOB RATE

JOB CLASS Rate Jan. 1/06 Jan. 1/07 1995 Includes 1.5% Includes 1.5%

Adjustment Adjustment

Prog Coord-CSO/AMI $25.60 $22.23 $22.56 Prog Coord-CSO $24.61 $21.56 $21.88 Program Assistant (CSO/AMI $20.71 $18.07 $18.38 Prog Coord-Housing or IS $22.24 $21.54 $21.86 Prog Coord-lntermit $26.77 $21.10 $21.42 Prog Coord-Hal Lit $22.24 $20.95 $21.27 Prog Coord-Vic Lit $26.77 $22.23 $22.56 Office-Clerical $14.21 Pro Coord-MGIPAR/Attendance Center $25.54 Co-F aciliators-MG/PAR $25.11 Self Management Adult Co-ord/Facilitato $21.59 SMA Assistant Facilitator $18.20 $18.85

JOB RATE Apr.1/07

Includes 1.5%

Adjustment

Non PE Increase

$22.95 $22.26 $18.70 $22.20 $21.83 $21.61 $22.97

Further annual adjustments required to achieve equity job rate not shown.

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JOB RATE JOB RATE JOB RATE JOB RATE Apr.1/07 Jan.1/08 Apr.1/08 Apr.1/08

Includes 2.% Includes 1.5% Includes 1.5Y. Includes 2.0%

Adjustment Adjustment Adjustment Adjustment

Non PE Increase Non PE Increase Non PE Increase

$23.30 $23.69 $22.59 $22.97 $18.98 $19.30 $22.53 $22.88 $22.16 $22.57 $21.93 $22.28 $23.31 $23.73

14.78 $15.08 26.57 $27.11 26.13 $26.65 22.46 $22.91 19.23 $19.61

Entry level shall reflect a downward adjustment of $2.00 from the above grid. Adjustments shall occur at intervals of not less than six (6) months, at $.50 per adjustment, and shall be based on merit until such time as current rate on grid is achieved.

JOB RATE Jan.1/09

Includes 1.5%

Adjustment

$24.05 $23.32 $19.59 $23.22 $22.91 $22.61 $24.09

Signing bonus payable to all current employees as of date of ratification equal to $500.00 per full time employee and $150.00 per part time or temporary employee. Cheques are to be issued separately from regular pay cheques without deduction.

H!ExceiiiPayroiVUnion Grid to 2009