COLLECTIVE AGREEMENT

bet\Neen:

St. Michael's Hospital

-and -

Service Employees International Union, Local 2

Effective Date: Aprill, 2009 Expiry Date: March 31, 2013

TABLE OF CONTENTS

PURPOSE ..................................................................................................................... 1 Article 1- RECOGNITION AND COVERAGE .................................................................................... 1 Article 2- NO DISCRIMINATION ................................................................................................... 1

Article 3- MANAGEMENT RIGHTS ................................................................................................ 2 Article 4- STRIKES AND LOCKOUTS .............................................................................................. 2 Article 5- UNION SECURITY ......................................................................................................... 3 .Article 6- UNION REPRESENTATION ............................................................................................. 3 Article 7- GRIEVANCE PROCEDURE .............................................................................................. 4 -Article 8- SENIORITY .................................................................................................................... 8 Article 9- JOB POSTING ............................................................................................................. 13

Article 10- LEAVES OF ABSENCE .................................................................................................. 14 Article 11- HOURS OF WORK ....................................................................................................... 18 Article 12- PREMIUM PAYMENT .................................................................................................. 22 Article 13- HOLIDAYS ................................................................................................................... 24 Article 14- VACATION .................................................................................................................. 25 Article 15- HEALTH, INSURED BENEFITS AND PENSION ............................................................... 28 Article 16- BULLETIN BOARDS ..................................................................................................... 29 Article 17- CLOTHING AND EQUIPMENT ALLOWANCE ................................................................. 29 Article 18- COMPENSATION ........................................................................................................ 30 Article 19 - HEALTH AND SAFETY .................................................................................................. 32 Article 20- MISCELLANEOUS ........................................................................................................ 32 Article 21- DRESS AND DEPORTMENT ......................................................................................... 32 Article 22- LICENSURE ................................................................................................................. 33 Article 23- DURATION ................................................................................................................. 33 MEMORANDUM OF UNDERSTANDING RE: Self Scheduling .......................................................... 35 LETTER OF UNDERSTANDING RE: Identification Badges ............................................................... 37 LETTER OF UNDERSTANDING Re: Acting Lead Guards ................................................................. 38 .LETTER OF UNDERSTANDING Re: Scheduling ............................................................................... 39

i I Po g e

COLLECTIVE AGREEMENT between

St. Michael's Hospital

(Hereinafter called the "Company")

-and-

Service Employees International Union (SEIU) Local 2

(Hereinafter called the "Union")

PURPOSE

The general purpose of this Agreement is to establish an orderly collective bargaining relationship

between the Hospital and its employees represented by the Union and covered by this

Agreement; to provide for on-going means of communication between the Union and the Hospital

and to further good employer-employee relations.

All security staff will conduct themselves in a manner which reflects the mission and values of St.

Michael's Hospital, demonstrating a commitment to service and assistance to all in addition to the

security of Hospital staff, patients, visitors and facilities.

Article 1- RECOGNITION AND COVERAGE

1.01 The Hospital recognizes the Union as the exclusive bargaining agent for all security

guards employed by the Hospital in the Municipality of Metropolitan Toronto save and

except supervisors and persons above the rank of supervisor.

Article 2- NO DISCRIMINATION

·2.01 The employer shall not discriminate against employees because of membership or

activity in the Union or the exercise of their lawful rights.

2.02 The parties agree that there shall be no discrimination within the meaning of the

Ontario Human Rights Code against any employee by the Union or the Hospital by

reason of race, creed, colour, age, sex, marital status, nationality, ancestry or place of

origin, family status, handicap, sexual orientation, political affiliation or activity, or place

of residence.

2.03 The Union recognizes that Acting Lead Guards have responsibility for the smooth

running of their shifts. There shall be no discrimination against Acting Lead Guards for

carrying out their duties.

Article 3- MANAGEMENT RIGHTS

3.01 The Union acknowledges that the management of the Hospital and the direction of the

work force are fixed exclusively in the Hospital and shall remain solely with the Hospital

except as specifically limited by an expressed provision in this Agreement. Without

restricting the generality of the foregoing, the Union acknowledges that it is the

exclusive function of the Hospital to:

(a) maintain order, discipline and efficiency;

(b) hire, retire, assign, direct, classify, discharge, suspend or otherwise discipline,

schedule, transfer, promote, demote, layoff and recall employees. A claim by an

employee, other than a probationary employee, that he has been discharged or

disciplined without just cause may become the subject of a grievance and may be

dealt with as provided in this Agreement;

(c) determine the number of personnel required, the skill, ability, experience and

qualifications of employees to perform any particular job, the assignment of

working hours, the services to be performed and the methods, procedures,

facilities and equipment to be used in connection therewith;

(d) generally, operate the Hospital in a manner consistent with the obligations of the

Hospital to the general public; and

(e) make and enforce and alter from time to time reasonable rules, regulations and

policies to be observed by the employees, provided such rules, regulations or

policies are not inconsistent with the provisions of this Agreement. The Hospital,

where practical, agrees to allow employees to have input into new or revised rules,

and will notify the Union whenever new or revised rules will be put in place.

Article 4- STRIKES AND LOCKOUTS

4.01 There shall be no strikes or lockouts so long as this Agreement continues in force and

effect.

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Article 5- UNION SECURITY

5.01 Dues Deduction and Remittance

The Hospital agrees to deduct an amount equal to the dues regularly assessed by the

Union in accordance with its Constitution and by-laws. The Treasurer of the Union shall

notify the Hospital in writing of any changes therein such written notification shall be

the Hospital's conclusive authority to make the deductions specified.

-5.02 Deductions for all employees shall be taken from each pay and forwarded to the

Treasurer of the Union during the month following the month in which they were

deducted. The Hospital shall also forward with the deductions a list of employees from

whom deductions were made with the individual deducted amounts.

5.03 It is further agreed that the employer will deduct from each newly hired employee an

amount equivalent to the Union Initiation Fee. This amount will be remitted to the

Union not later than the 15th day of the month following the month in which the

deduction was made.

5.04 The Union shall save the Hospital harmless from any and all claims which may be made

by the employees for amounts deducted from their pay as herein provided.

Article 6- UNION REPRESENTATION

6.01 The Hospital agrees that there shall be up to four stewards, including a Chief Steward.

The Union agrees that it will endeavor to have available stewards from both the Security

Guard and Security Communications Specialist classification, and from various schedule

groupings. The Union shall supply the Hospital with the names of those employees who

have been elected Union Officers authorized to represent the Union and the Union will

keep such list up to-date and will advise the Hospital accordingly.

6.02 The Union acknowledges that those of its representatives who are employees must

continue to perform their regular duties and that so far as it is practicable, all union

activities will be conducted outside of regular working hours. Further, no employee will

engage in any union activity during regular working hours except as provided in this

agreement, and that:

(a) such person will not leave their regular duties without obtaining permission, which

will not be unreasonably denied, from their immediate supervisor who will be

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given a reasonable explanation for the requested absence; and

(b) when resuming their regular duties after engaging in duties on behalf of the Union,

will report to his/her immediate supervisor immediately upon their return.

6.03 The Hospital agrees to pay not more than three employee members of the bargaining

committee for any time lost from their regular employment for the purpose of

conducting negotiations for contract renewal.

6.04 Joint Action Committee

There shall be a Union/Management committee comprised of two (2) representatives

ofthe Union, one of whom shall be the Chief Steward or his appointee, and two (2)

representatives of the Hospital, one of whom shall be the Director, Employee Relations,

or his appointee. A full-time representative of the Union may also be present. This

committee shall meet at the request of either party and no less than three times per

year. A written agenda must be provided at least three (3) days prior to the meeting day,

and minutes kept of all meetings with copies to be furnished to both parties. The

function of the committee shall be to discuss matters of mutual concern to the parties,

but it is understood and agreed that the committee shall not discuss grievances, or

matters which should be properly brought before the Hospital's Health and Safety

Committee. The membership of such committee may be expanded by mutual consent

from time to time.

Article 7- GRIEVANCE PROCEDURE

7.01 Definition of Grievance

For the purposes of this Agreement, a grievance is defined as a difference arising

between the parties relating to the interpretation, application, administration or alleged

violation of the agreement including any question as to whether a matter is arbitrable.

7.02 Union Representation

At the time formal discipline is imposed or at any stage of the grievance procedure or

for any meeting which the Hospital knows might result in discipline to the employee at a

later time, an employee shall have the right to request the presence of a steward. In the

case of suspension or discharge, the Hospital shall notify the employee of this right in

advance.

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7.03 Grievance Procedure

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 he/she has first given his/her immediate supervisor the opportunity of adjusting his

complaint. Such complaint shall be discussed with his/her immediate supervisor within

nine (9) calendar days after the circumstances giving rise to it have occurred or ought

reasonably to have come to the attention of the employee. Failing settlement within

nine (9) calendar days following advice of his/her immediate supervisor's decision, the

grievance will be processed in the following manner and sequence:

Step No.1

The employee may submit a written grievance signed by the employee, and a union

steward or full time representative of the Union, to the immediate supervisor. The

grievance shall identify the nature of the grievance and the remedy sought and should

identify the provisions of the Agreement which are alleged to be violated. The

immediate supervisor will deliver a decision in writing within nine (9) calendar days

following the day on which the grievance was presented to him. Failing settlement,

then:

Step No.2

Within nine (9) calendar days following the decision under Step No. 1, the employee

may submit the written grievance to the administrative director who will deliver a

decision in writing within nine (9) calendar days from the date on which the written

grievance was presented. The parties may, if they so desire, meet to discuss the

grievance at a time and place suitable to both parties. Failing settlement, then:

Step No.3

Within nine (9) calendar days following the decision in Step No. 2, the grievance may be

submitted in writing to the Director, Employee Relations, or a designate. A meeting will

then be held between the Director, Employee Relations, or the designate, and the

Grievance Committee within nine (9) calendar days of the submission of the grievance at

Step No. 3 unless extended by agreement of the parties. It is understood and agreed

that the Chief Steward; a representative of the Union or a designate; and the grievor

may be present at the meeting. It is further understood that the Director, Employee

Relations, or the designate may have such counsel and assistance as may be desired at

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such meeting. The decision of the Hospital shall be delivered in writing within nine (9)

calendar days following the date of such meeting.

7.04 Policy Grievances

A complaint or grievance arising directly between the Hospital and the Union concerning

the interpretation, application or alleged violation of the Agreement shall be originated

at Step No.3 within fourteen (14) calendar days following the circumstance giving rise to

the complaint or grievance. 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 such employee could institute and the regular grievance procedure shall not be

thereby bypassed.

7.05 Group Grievances

Where a number of employees have identical grievances and each employee would be

entitled to grieve separately they may present a group grievance in writing identifying

each employee who is grieving to the Manager, Security Services or a designate within

fourteen (14) calendar days after the circumstances giving rise to the grievance have

occurred or ought reasonably to have come to the attention of the employee(s). The

grievance shall then be treated as being initiated at Step No. 1 and the applicable

provisions of this Article shall then apply with respect to the processing of such

grievance.

7.06 Discipline and Discharge

The release or discharge of an employee during the probationary period shall not be the

subject of a grievance or arbitration, except to the extent that probationary employees

will not be treated in an arbitrary or discriminatory manner, or in bad faith. A claim by

an employee who has completed his probationary period that he has been unjustly

discharged or suspended shall be treated as a grievance if a written statement of such

grievance is lodged by the employee with the hospital at Step No. 3 within nine (9)

calendar days after the date the discharge or suspension is effected. Such special

grievance may be settled under the Grievance or Arbitration Procedure by:

(a) confirming the Hospital's action in dismissing the employee, or

(b) reinstating the employee with or without full compensation for the time lost; or

(c) by any other arrangement which may be deemed just and equitable.

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Whenever the Hospital deems it necessary to suspend or discharge an employee, the

Hospital shall notify the Union of such suspension or discharge in writing. The Hospital

agrees that it will not suspend, discharge or otherwise discipline an employee who has

completed his/her probationary period, without just cause.

The Hospital shall take disciplinary action within nine (9) days from the time that the

circumstances which gave rise to the discipline first came to the Hospital's attention, and

not thereafter. The nine day period shall not commence until the termination of a

diligent investigation by the Hospital, during which investigation the subject employee

must be reasonably available.

7.07 Record of Discipline

Any record of a disciplinary action taken by the Hospital shall be removed from the

employee's Personnel file after eighteen (18) months provided the employee's record is

discipline free from similar or related incidents during this period.

7.08 Submission to Arbitration

(a) Failing settlement under the foregoing procedure of any grievance between the

parties arising from the interpretation, application, administration or alleged

violation of this Agreement, including any question as to whether a matter is

arbitrable, such grievance may be submitted to arbitration as hereinafter provided.

Where such a written request is postmarked within sixteen (16) calendar days after

the decision under Step No. 3, it will be deemed to have been received within the

time limits.

(b) All agreements reached under the grievance procedure between the

representatives of the Hospital and the representatives of the Union will be final

and binding upon the Hospital and the Union and the employees.

(c) When either party requests that any matter be submitted to arbitration as provided

in the foregoing Article, it shall make such request in writing addressed to the other

party to this Agreement. The parties shall attempt to select by agreement an

arbitrator. If they are unable to agree upon such an arbitrator within a period of

fourteen (14) calendar days, they shall then request the Minister of Labour for the

Province of Ontario to appoint one.

(d) No person may be appointed as an arbitrator who has been involved in an attempt

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to negotiate or settle the grievance.

(e) No matter may be submitted to arbitration which has not been properly carried

through all requisite steps of the Grievance Procedure.

(f) The Arbitrator shall not be authorized to make any decision inconsistent with the

provisions of this Agreement, nor to alter, modify, and or amend any part of this

Agreement.

(g) The proceedings of the arbitration will be expedited by the parties hereto and the

arbitrator will be final and binding upon the parties hereto and the employee or

employees concerned.

(h) Each of the parties hereto share equally the fees and expenses, if any, of the

arbitrator.

Article 8- SENIORITY

8.01 Probationary Period

A new employee will be on probation until:

(a) 1040 hours of work have been completed in the case of a full-time employee; or

(b) 600 hours of work have been completed in the case of a part-time employee.

With the written consent of the Hospital, the probationary employee, and the Chief

Steward or designate, such probationary period may be extended. Any extension agreed

to will be in writing and will specify the length of the extension.

For clarity sick time hours and hours spent on any type of leave of absence will not be

credited towards the hours of work required for completion of probation. Vacation

hours and overtime hours will be credited towards the hours of work required for

completion of probation.

8.02 Definition of Seniority

(a) An employee will not acquire seniority until after the successful completion of the

probationary period, following which a full-time employee will be given a seniority

date equivalent to his/her last date of hire. Part-time employees will accumulate

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seniority on the basis of hours worked since their last date of hire.

(b) A full-time employee is an employee who is regularly scheduled to work 60 hours

or more in a two week period.

(c) A regular part-time employee is an employee who is regularly scheduled to work 48

hours or less in a two week period, and who offers to make a commitment in

response to a posting to be available for work on a regular predetermined basis.

Regular part-time employees may also make themselves available for additional

shifts to the commitment referenced above. However, where they make

themselves so available and work additional shifts, no change to their part-time

status shall result.

(d) Other part-time employees who do not offer to make a commitment in response to

a posting to be available for work on a regular predetermined basis are casual

employees. The parties agree that the Joint Action Committee will monitor the

issue of vacancies and the filling thereof.

8.03 Loss of Seniority

An employee shall lose all seniority and service and shall be deemed to have terminated

if he/she:

(a) voluntarily resigns;

(b) is discharged and not reinstated through the grievance/arbitration procedure;

(c) if the employee has been laid off and fails to return to work within seven (7)

calendar days after that employee has been notified by the Hospital through

registered mail addressed to the last address on the records of the Hospital;

(d) fraudulently obtains a leave of absence;

(e) has been laid off for twelve (12) months or

(f) is absent from scheduled work for a period of three or more consecutive working

days without notifying the Hospital of such absence and providing a satisfactory

reason.

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8.04 Effect of Absence

For a full-time employee, it is understood that during an approved unpaid absence not

exceeding thirty (30) calendar days, or any approved leave of absence paid by the

Hospital, both seniority and service will accrue.

In the course of an unpaid absence exceeding thirty days, the employee will become

responsible for full payment of subsidized employee benefits in which the employee is

participating for the period of the absence, or provision of those benefits will cease.

8.05 Layoff and Recall

(a) The Hospital shall provide the Union with three months notice of a long term or

permanent lay-off. Notice to individual employees with be in accordance with

Employment Standards Act entitlements.

(b) In the event of layoff, the Hospital shall lay off employees in the reverse order of

their seniority within their classification, providing that there remain on the job

employees who then have the ability to perform the work. An employee who is laid

off may bump into a lower rated category provided that he/she has the

qualifications and ability to perform the work required, and has the seniority so to

do. An employee may only bump into a higher rated category if

(i) he/she is unable to maintain full-time status by bumping into a lower rated

category;

(ii) he/she has experience working in the higher rated category, and has not been

removed for his/her own misdeed; and

(iii) he/she has the seniority so to do.

(c) Employees shall have opportunity of recall from a layoff to an available opening, in

order of seniority, provided they have the ability to perform the work before such

opening is filled on a regular basis under a job posting procedure. The posting

procedure in the collective agreement shall not apply (except a posting for a

vacancy in the position of full-time Acting Lead Guard where there is no full-time

Acting Lead Guard who has been displaced from that position) until the recall

process has been completed. A Security Communications Specialist who seeks

recall as a Security Guard must have had experience in that position and must not

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have been removed therefrom for his/her own misdeed or for performance issues.

In the event that the Security Communications Specialist recalled as a Security

Guard does not have experience as a Security Guard at least equivalent to the

probationary period, he/she will be placed on probation, with respect to his/her

work as a Security Guard only, for a period equivalent to the probationary period.

(d) A laid off employee shall retain the rights of recall for a period of (12) months from

the date of layoff. Laid off casual employees shall not be eligible for recall.

(e) When full-time Security Guards are on layoff, first consideration will be given to

such Guards before Part-time Security Guards are scheduled. However, a fulltime

Guard who wishes to work on this basis must indicate his desire to do so to the

Hospital, and must indicate his availability to the Hospital two weeks in advance of

each four week period. A full-time guard who continues to work on this basis will

not lose recall rights to a full-time position.

The Guard will be scheduled, subject to his/her stated availability, for up to normal

working hours for a full-time guard, providing that shifts are available which do not

permit him/her to be scheduled for more than 12 consecutive hours, or in a

manner which would contravene the normal shift schedule for a full-time security

guard. In the event that he/she is not able to be scheduled for normal working

hours for a full-time Guard, he/she will also be offered, in equitable rotation with

part-time Guards, the opportunity to work unscheduled shifts, providing that such

unscheduled shifts would not require him/her to work too many hours

consecutively.

If there is more than one full-time Guard on layoff, available shifts will be offered

first to the most senior Guard.

8.06 Contracting Out

The Hospital shall not contract out any work usually performed by members of the

bargaining unit if, as a result of such contracting out, a layoff or reduction in hours of any

employee results from such contracting out. Contracting out to an employer who is

organized and certified through the Ontario Labour Relations Board and who will

employ the employees of the Bargaining Unit with similar terms and conditions of

employment is not a breach of this agreement.

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8.07 Change of Address

It shall be the duty of each member of the bargaining unit to notify the Hospital

promptly of any change in address or any change in temporary residency. If an employee

fails to do this, the Hospital will not be responsible for failure of a notice sent by

registered mail to reach such employee. Members of the bargaining unit shall notify the

Hospital of any change to their telephone numbers.

8.08 Seniority Lists

Separate full-time and part-time seniority lists will be maintained, and the Hospital will

provide the Union with copies twice a year on or about May 1st and November 1st.

8.09 Transfer of Service and Seniority

A part-time employee who is transferred to full-time status shall be given seniority

equivalent to a period which is calculated on basis of the number of regular hours

worked by him/her since last date of hire divided by 2184. A seniority date shall then be

fixed for him/her which is equivalent to the calculated period of seniority prior to the

date of transfer.

8.10 Accumulation of seniority while outside the Bargaining Unit

A Security Guard who is transferred to a position outside of the bargaining unit shall

retain, but not accumulate, seniority held at the time of the transfer for a maximum

period of six months. There shall be no extension beyond the maximum six month

period unless by the agreement of all parties. The Hospital and the Union agree any

request for such an extension will be given full and fair consideration. It is understood

that any return to the bargaining unit by such an employee will be to their previous

position. In the event the Guard is returned to a position in the bargaining unit, credit

shall be given for seniority held at the time of transfer and he/she will resume

accumulation from the date of return to the bargaining unit.

8.11 Casual part-time employees must provide notice of their availability as per Article

11.04(a). Casual part-time employees who do not provide availability for a period of

three {3) consecutive months shall have their employment terminated. Casual part-time

employees who fail to accept and work at least three (3) shifts offered from their

availability list in each two consecutive month period shall have their employment

terminated.

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Article 9- JOB POSTING

9.01

(a) Where a permanent vacancy occurs in a classification within the bargaining unit or

a new position within the bargaining unit is established by the Hospital, such

vacancy shall be posted by the hospital for a period of seven (7) calendar days. An

employee who is not at work during the posting period may apply for the posting if

he/she does so no later than fourteen (14) calendar days from the date of the

posting.

(b) The Hospital will also post, on the same basis, any temporary full-time position

which is expected to, or does, last more than six months.

9.02 With respect to posted jobs, and where qualifications, including skills, experience, work

record and demonstrated ability are relatively equal as between two or more

employees, seniority shall be the deciding factor.

9.03 An employee promoted or transferred to a new position shall be on a trial period of

ninety calendar days. If he/she is unable to meet the job requirements in a satisfactory

manner, or if he/she finds the job unsatisfactory, he/she shall be returned to his/her

former position, without loss of seniority, at his/her former hourly rate. Any other

employee promoted or transferred because of the re-arrangement of positions shall be

returned to his/her former position without loss of seniority and at his/her former

hourly rate.

9.04 Temporary positions for a definite term or task not expected to exceed six months may

be filled at the discretion of the Hospital, but, should the Hospital determine to fill them,

it shall do so in accordance with Article 8.02(b).

9.05 The Hospital shall have the right to fill any position on a temporary basis until the

posting procedure and training of the new incumbent has been completed.

9.06 On request, management will explain to any unsuccessful candidates for an advertised

vacancy the reasons why he/she was not selected.

9.07 Promotions or transfers to any positions outside of the bargaining unit shall not be

subject to the provisions of this Agreement.

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Article 10 - LEAVES OF ABSENCE

10.01 Union Leave

The Hospital agrees to grant a leave of absence without pay to the employees for

legitimate Union business, provided such leave does not interfere with the efficient

operations of the Hospital. Such leave shall be subject to the following conditions:

(a) A request must be made in writing and submitted to the supervisor at least four (4)

weeks prior to the commencement of the leave. In the case of emergency, every

consideration will be made to accommodate the request.

(b) Not more than two (2) employees at any time will be granted leave at any one

time.

(c) Total Union leave days, exclusive of negotiations, will not exceed nine (9) days

annually.

10.02 Bereavement Leave

An employee who has completed the probationary period of employment shall be

granted up to three (3) days leave of absence without loss of pay for the purpose of

making arrangements for and/or attending the funeral of a parent, step-parent, spouse,

child, brother or sister, father-in-law, mother-in-law, brother-in-law or sister-in-law, legal

guardian, grandchild or grandparent of the employee. Spouse is meant to include both

common-law and same sex spouses.

Pay for bereavement leave shall be based on time lost from regularly scheduled shifts

which would have been otherwise worked, up to the maximum of three (3) days from

the period of date of death up to and including the date of the funeral.

10.03 Jury and 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 in connection with a case arising

from the employee's duties at the Hospital, or is required to attend a court of law for

any other reason arising out of the Security Guard's duties at the Hospital, the employee

shall not lose regular pay because of such attendance provided that the employee:

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10.04

(a) notifies the Hospital immediately on the employee's notification that attendance

will be required at court;

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

(c) deposits with the Hospital the full amount of compensation received excluding

mileage, traveling and meal allowances and an official receipt thereof

Where an employee is required by subpoena to attend a court of law or coroner's

inquest in connection with a case arising from the employee's duties at the Hospital on a

regularly scheduled day off, the employee will have the option of being paid overtime

for the time spent, or receiving another day off with pay in lieu

Pregnancy and Parental Leave

Pregnancy and Parental leaves will be granted in accordance with the provisions of the

Employment Standards Act.

On confirmation by the Employment Insurance Commission of the appropriateness of

the Hospital's Supplemental Unemployment Benefit (SUB) Plan, an employee who is on

pregnancy leave as provided under this Agreement who has applied for and is in receipt

of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment

Insurance Act shall be paid a supplemental employment benefit. That benefit will be

equivalent to the difference between eighty-four percent (84%) of her regular weekly

earnings and the sum of her weekly Employment Insurance benefits and any other

earnings. Such payment shall commence following completion of the two (2) week

Employment Insurance waiting period, and receipt by the Hospital of the employee's

Employment Insurance cheque stub as proof that she is in receipt of Employment

Insurance pregnancy benefits, and shall continue for a maximum period of fifteen (15)

weeks. The employee's regular weekly earnings shall be determined by multiplying her

regular hourly rate on her last day worked prior to the commencement of the leave

times her normal weekly hours.

The employee does not have any vested right except to receive payments for the

covered employment period. The plan provides that payments in respect of guaranteed

annual remuneration or in respect of deferred remuneration or severance pay benefits

are not reduced or increased by payments received under the plan.

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10.05 Parental Leave

(a) An employee who becomes a parent of a child is eligible to take a parental leave in

accordance with the provisions of the Employment Standards Act, except where

amended in this provision.

(b) An employee who has taken a pregnancy leave under Article 10.04 is eligible to be

granted a parental leave of up to eighteen (18) weeks' duration, in accordance with

the Employment Standards Act. An employee who is eligible for a parental leave

who is the natural father or is an adoptive parent may extend the parental leave for

a period of up to twelve (12) months duration, consideration being given to any

requirements of adoption authorities. In cases of adoption, the employee shall

advise the hospital as far in advance as possible with respect to a prospective

adoption and shall request the leave of absence, in writing, upon receipt of

confirmation of the pending adoption. If, because of late receipt of confirmation of

the pending adoption, the employee finds it impossible to request the leave of

absence in writing, the request may be made verbally and subsequently verified in

writing.

(c) The employee shall be reinstated to her or his former position, unless that position

has been discontinued, in which case the employee shall be given a comparable

job.

(d) Employees newly hired to replace employees who are on approved parental leave

may be released and such release shall not be the subject of a grievance or

arbitration. If retained by the Hospital, in a permanent position, the employee shall

be credited with seniority from date of hire subject to successfully completing her

or his probationary period. The employee shall be credited with hours worked

towards the probationary period to a maximum of 225 hours.

The Hospital will outline to employees hired to fill such temporary vacancies, the

circumstances giving rise to the vacancy and the special conditions relating to such

employment.

On confirmation by the Employment Insurance Commission of the appropriateness

of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, an employee

who is on parental leave as provided under this Agreement who has applied for and

is in receipt of Employment Insurance parental benefits pursuant to Section 20 of

16 I P a g e

10.06

the Employment Insurance Act shall be paid a supplemental employment benefit.

That benefit will be equivalent to the difference between eighty-four ( 84%) of the

employee's regular weekly earnings and the sum of her or his weekly Employment

Insurance benefits and any other earnings. Such payment shall commence

following completion of the two week Employment Insurance waiting period, and

receipt by the Hospital of the employee's Employment Insurance cheque stub as

proof that she or he is in receipt of Employment Insurance parental benefits and

shall continue while the employee is in receipt of such benefits for a maximum

period of ten (10) weeks. The employee's regular weekly earnings shall be

determined by multiplying her or his regular hourly rate on her or his last day

worked prior to the commencement of the leave times her or his normal weekly

hours.

The employee does not have any vested right except to receive payments for the

covered employment period. The plan provides that payments in respect of

guaranteed annual remuneration or in respect of deferred remuneration or

severance pay benefits are not reduced or increased by payments received under

the plan.

Sick Leave

A full-time employee may be eligible for sick pay if he/she is prevented, by personal

sickness or injury for which Workplace Safety and Insurance Benefits are not payable,

from performing his/her normal duties.

To qualify for sick pay, an employee must:

(a) have reported his/her absence to his/her immediate supervisor or the Acting Lead

Guard at least four (4) hours prior to the commencement of the scheduled evening

shift or night shift, and one and one-half (1.5) hours prior to the scheduled day

shift.

(b) when requested to do so, provide proof of sickness in the form of a medical

certificate signed by a qualified medical practitioner and acceptable to the Hospital.

The amount of sick pay will be determined by the length of continuous service up

to the first day of absence according to the Hospital's sick leave plan.

During a calendar year, where an employee is absent due to illness on more than

17 I P a g e

three instances and where his/her total days absent due to illness exceeds a total of

six (6) days, then the amount of sick pay due for the first two days of the 4tn, 5th

and 6th instance of illness shall be reduced by 30%. Where an employee is absent

due to illness on seven instances, then he/she shall receive no sick pay for the first

two days of that absence and for the first two days of all subsequent absences.

An employee who has been absent due to any illness or accident shall notify the

Hospital at least six hours in advance of his/her return to work. An employee, when

requested to do so, shall provide proof of his his/her physical fitness to perform

his/her regular duties in the form of a medical certificate signed by a qualified

medical practitioner and acceptable to the Hospital.

Employees must report to the applicable Employee Health Unit upon return from

absence due to illness or accident

10.07 Personal Leave

The Hospital may grant, upon reasonable notice and with prior approval, Leave of

Absence without pay to an employee for personal reasons, which shall not be

unreasonably refused. Such leave of absence will be limited to a maximum of three (3)

months, and one extension of like duration. Any employee who is absent on such leave

for a period of more than three (3) months shall not accumulate seniority for any period

in excess of the initial three months leave period and will have their seniority adjusted

upon return from leave.

Article 11- HOURS OF WORK

11.01

(a) The parties agree that shifts for Security Guard assignments may be 8, 10 or 12

hours in length (except for 22 full-time Security Guard positions as of May 3, 2007,

whose shifts shall continue to be as set out in the current collective agreement).

Length of shift will be specified on posted positions and the Hospital agrees that it

will not typically schedule mixed length shifts for individual full-time Security

Guards or as part of the committed hours of a regular part-time employee. Shifts

offered above their commitment to regular part-time employees or to casual

employees may be any of 8 hours, 10 hours, or 12 hours depending on the needs

of the Hospital.

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The Hospital reserves the right to determine shift lengths necessary for the conduct

of its business on a going forward basis.

The parties further agree to the following scheduling guidelines:

(i) Full-time and regular part-time employees will be scheduled up to their

commitments by classification and seniority prior to offering any available

shifts to casual employees.

(ii) Regular part-time employees who wish to work shifts above their

commitment, and casual employees who are interested in working available

shifts must complete availability forms provided by the Security Services

department. It is agreed that if employees do not complete an availability

form, it shall be deemed that the employee is not available for shifts that may

become available. If an employee wishes to change their availability, they may

do so. The Hospital will endeavour to make the changes to the availability list

as soon as possible, however changes made less than two weeks in advance of

an available date are not subject to the equitable shift distribution system

noted below.

(iii) After the scheduling of shifts in part i) above, available shifts will be

distributed to available regular part-time and casual employees on an

equitable basis. It is agreed that employees will not be offered shifts if the

shift places the employee in an overtime or premium pay situation. Shifts that

are in violation of the collective agreement or the Ontario Employment

Standards Act, 2000 will not be offered to employees except in emergency

situations.

(iv) When a shift is offered to an employee who has indicated his/her availability

and the shift is declined, the shift shall be deemed worked for the purposes of

consideration of equitable distribution.

(b) The standard paid work week for Security Communications Specialists shall average

thirty-seven and one-half (37.5) hours in accordance with the regular seven and

one-half (7.5) hour shift schedule.

(c) Where a Security Communications Specialist foregoes the meal break due to having

been called back by the Acting Lead Guard or emergency purposes, and is unable

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11.02

to be scheduled off for the meal break within one hour after the interruption, the

employee will be paid for the missed meal break at time and one half.

Security Guards and Acting Lead Guard will receive a 45 minute paid lunch in the

course of each twelve hour shift, and Security Communication Specialists will receive a

30 minute unpaid lunch in the course of each eight hour shift. During this paid lunch

break, Security Guards and Acting Lead Guards will remain on-site and available to

answer emergency pages unless previous arrangements have been made with their

immediate supervisor.

11.03 By mutual agreement, and with the consent of the Manager (which may not be

unreasonably withheld) employees may exchange shifts or days off. The employee

requesting this change in work schedule must give the Hospital reasonable written

notice of the intention to exchange shifts or days off. Such written notice shall include an

understanding signed by the other employee agreeing to the change to the effect that

no extra cost to the Hospital will result from the change. If an employee's request for

exchange of shifts or days off results in a conflict with the provisions of this Collective

Agreement, and the request is granted, there shall be no grievance filed with respect to

the resulting conflict by the employee.

11.04 Availability for Part-time Employees

(a) Part-time employees must be available for a minimum of six (6) shifts each

calendar month with at least three (3) of those shifts being on weekends and a

total of fifty per cent (SO%) of availability being on afternoon and/or night shifts.

Part-time employees will provide their availability in writing two weeks in advance

of the commencement of each four week full-time shift schedule.

(b) Part-time employees will only be permitted to work in excess of 12 hours in a day

or 42 hours in a week in the event that there are no full-time employees available

to work the overtime, or in the event that the overtime assignment is less than of

two hours duration and would require the payment of a call-in to a full-time

employee. Overtime distribution pursuant to this provision will be assigned in a

manner consistent with Article 12.07

11.05 Breaks

Employees shall be entitled, subject to the exigencies of the work at hand, to relief

20 I P a g e

11.06

11.07

11.08

periods during the shift on the basis of fifteen (15) minutes during each four hours of

scheduled work. During these paid break periods, Security Guards and Acting Lead

Guards will remain on-site and available to answer emergency pages unless previous

arrangements have been made with their immediate supervisor.

An employee temporarily transferred to a higher rated position will be paid the higher

rate for all hours so worked. An employee temporarily transferred, for the convenience

of the Hospital, to a lower rated position, shall maintain his or her higher rate for all

hours so worked.

(a) Employees shall not leave their place of work until properly relieved by another

employee or until authorized to do so by their Supervisor (or in his/her absence,

the Acting Lead Guard). The Supervisor (or Acting Lead Guard) will give every

consideration to granting authorization whenever possible.

(b) It is understood that an employee will not normally be required to remain past

his/her scheduled shift end when he/she has a commitment which cannot

reasonably be changed. However, where all Guards on duty have such

commitments, then those Guards will decide who among them will remain until

relief arrives. Where there is still no agreement, then the least senior Guard will

remain.

(c) In circumstances where an employee is required to stay, the Hospital will provide

relief as soon as possible.

Scheduled Shift Cancellation

(a) Part-time employees must provide notice of a scheduled shift cancellation for

reasons other than illness or emergency no less than 24 hours in advance of the

start of that shift.

(b) Where a part-time employee cancels a scheduled shift due to illness, he/she must

report that cancellation to his/her supervisor or the Acting Lead Guard at least four

hours in advance prior to the commencement of a scheduled evening or night shift

and at least two (2) hours prior to a scheduled day shift.

(c) Where a pattern of scheduled shift cancellations develops, a part-time employee

21 I P a g e

will be subject to the Hospital's attendance management policy. Application of the

policy, subject to the grievance procedure, may result in a part-time employee not

receiving scheduled shifts or in termination of employment.

11.09 Where regular night shift schedules are available, such assignments will be made on the

basis of most senior volunteers first where there is more than one volunteer or on the

basis of least senior first where there are no volunteers.

11.10 The parties agree that it is generally preferable to rotate employees through static posts,

subject to other operational requirements as determined by the Hospital. It is

understood that an employee may not leave the employee's post until relieved.

Article 12- PREMIUM PAYMENT

12.01

12.02

Authorized work performed in excess of the scheduled work day shall be paid for at rate

of one and one half (1.5) times the basic hourly rate.

For full-time employees, authorized work performed outside of their normal schedule

shall be paid for at the rate of one and one-half times the basic hourly rate. For part­

time employees, authorized work in excess of forty-two (42) hours in a week or twelve

hours in a day shall be paid for at the rate of one and one half (1.5) times the basic

hourly rate.

12.03 Standard daily hours for all employees regardless of the length of shift shall include

those required to accommodate the change from Daylight Saving to Standard Time and

vice versa, and the provisions of 11.01 and 11.02 shall not apply.

12.04 Call-back

Any full-time employee who has completed a regular shift and is recalled to work shall

receive a minimum of four (4) hours pay at the appropriate overtime rate. Call-back

provisions do not apply to part-time employees who have previously indicated that they

are available for duty.

12.05 No Pyramiding

Overtime premium will not be duplicated nor pyramided nor shall other premiums be

duplicated nor pyramided nor shall the same hours worked be counted as part of the

normal work week and also as hours for which the overtime premium is paid.

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12.06 Time Off in Lieu of Overtime

Time off in lieu may be taken on a mutually agreed upon basis between the employee

and the Hospital. Such time off will be the equivalent of the premium rate the employee

has earned for working overtime and shall be taken within ninety (90) days. If no written

request is made by the employee, the Hospital will pay the employee for the overtime

concerned.

12.07 Assignment of Overtime

12.08

12.09

Overtime opportunities shall be recorded with time and result of call and offered in the

following manner:

(a) staff members scheduled for shifts adjacent to the overtime shift. For Security

Guards adjacent shift is defined as a day shift following day shift and night shift

following night shift. For SCS staff adjacent shift is defined as the shift adjacent to

the shift being worked.

(b) staff members who are on duty; for any shift of four hours or less

(c) on a seniority rotation;

(d) it is understood that part-time employees who have already made themselves

available for duty are not eligible for overtime payments except in instances as set

out in Article 12.02.

Overtime arising in Security Communications will be offered first to full-time Security

Communications Specialists and overtime arising for Security Guards will be offered first

to full-time Security Guards.

Shifts will not be split unless there are no available staff to work the full shift.

The Union will be responsible for the administration of this clause, and will not process

grievances alleging improper distribution of overtime as a result of such administration.

The Union agrees to administer the distribution of overtime in an equitable manner.

No overtime shall be paid under circumstances in which an employee's work schedule

has been changed because of a mutual agreement between employees to exchange

shifts or days off.

For employees working eight-hour tours, no less than two (2) consecutive tours shall be

23 I Page

scheduled off between tour changes without consent. In cases where this is not possible

because of operational requirements, the tour of duty scheduled before the two

consecutive tours off requirement is met will be paid at the rate of 1.5 times the regular

straight time hourly rate.

Article 13- HOLIDAYS

13.01 Full-time employees shall be entitled to the following twelve (12) paid holidays in the

calendar year:

New Year's Day Good Friday Victoria Day Family Day

Canada Day Civic Holiday Labour Day Two (2) floating holidays

Thanksgiving Day Christmas Day Boxing Day

Note: The floating holidays are exempt from Article 13.04.

13.02 In order to qualify for a paid holiday, an employee shall complete his/her full scheduled

shift on each of the working days immediately preceding and following the holiday

unless excused from doing so by the Hospital, or because the employee was absent due

to:

13.03

13.04

(a) legitimate illness or accident;

(b) vacation granted by the Hospital; or

(c) an employee's regular scheduled day off.

(a) Where a holiday falls during an employee's scheduled vacation periodhis/her

vacation entitlement shall be extended by one day.

(b) Where a holiday falls on an employee's scheduled day off, the employee has the

option of having another day off without pay scheduled.

(c) An employee required to work on any of the foregoing holidays shall be paid at the

rate of time and one-half (11/2) his/her basic hourly rate of pay for all hours

worked on such holiday subject to Article 13.02. In addition, effective May 3, 2007,

24 I P a g e

he/she will receive a lieu day off with pay in the amount of his/her basic hourly rate

of pay as specified below:

(i) a full-time employee regularly working 10 or 12 hours shifts shall receive 10

paid lieu hours

(ii) a full-time employee regularly working 8 hour shifts shall receive 8 paid lieu

hours

(iii) a full-time employee regularly working 7.5 hour shifts shall receive 7.5 paid

lieu hours

(d) Where an employee is entitled to a lieu day under Article 13.04 (a) above, such lieu

day will be taken on a day to be arranged between the employee and the Hospital

within 30 days of the holiday. In the alternative, the employee may elect to receive

the appropriate payment for the day.

13.05 Part-time and casual employees will be paid at time and one-half (1/2) his/her basic

hourly rate for work performed on the following days:

New Year's Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgiving Day Christmas Day Boxing Day

and shall qualify for unworked holiday pay in accordance with the Ontario Employment

Standards Act, 2000 if he/she:

(a) has worked his/her scheduled day of work immediately preceding and following

the holiday; and

(b) has reported to work, and performed work on the holiday, after having previously

agreed to do so, except with reasonable cause.

Article 14- VACATION

14.01

(a) An employee's vacation entitlement is based upon the length of continuous service

with the Hospital. The accrual of vacation entitlement commences on the date of

employment.

2SIPage

(b) An employee shall receive vacation with pay at his/her basic hourly rate based

upon accrued full time continuous service as follows:

Years of Service

Less than two (2)

Two (2)

Five (5)

Fifteen ( 15)

Twenty Two (22)

Twenty Eight (28)

Vacation Entitlement

Accrue .83 days per month up to a maximum

of 10 days (2 standard work weeks) from the

commencement of employment.

Accrue 1.25 days per month up to a maximum

of 15 days (3 standard work weeks)

commencing on the anniversary date

coincident with 2 years of continuous service.

Accrue 1.67 days per month up to a

maximum of 20 days (4 standard work weeks)

commencing on the anniversary date

coincident with 5 years continuous service.

Accrue 2.08 days per month up to a maximum

of 25 days (5 standard work weeks) commencing

coincident with 15 years of continuous service.

Accrue 2.50 days per month up to a maximum

of 30 days (6 standard work weeks) commencing

on the anniversary date coincident with 22 years

of continuous service.

Accrue 2.92 days per month up to a maximum

of 35 days (7 standard work weeks) commencing

on the anniversary date coincident with 28 years

of continuous service.

Effective Apri/1, 2011 replace the Twenty Two Year vacation entitlement as follows:

Twenty One (21) Accrue 2.50 days per month up to a maximum

of 30 days (6 standard work weeks) commencing

on the anniversary date coincident with 21 years

of continuous service.

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14.02

Effective April 1, 2012, this clause shall be further amended by decreasing the

number of years of service required for this amount of vacation, by the same

amount if any, as the years of service are decreased in the Central collective

agreement between the hospitals represented by the Ontario Hospital Association

and SEIU Local 1 in respect of the same period. [Example: if the agreement

between the OHA and SEIU Local 1 (the "Central Agreement") reduces the years of

service required for 6 weeks of vacation effective April!, 2012 from 21 to 20 years,

the number of years required under this agreement will be reduced from 21 years

to 20 years.]

Effective March 31, 2013 replace the Fifteen Year vacation entitlement as follows:

Fourteen (14) Accrue 2.08 days per month up to a maximum

of 25 days (5 standard work weeks) commencing

on the anniversary date coincident with 14 years

of continuous service.

For the purposes of clarity, the parties agree that vacation taken is charged against

vacation accrued on the basis of hour for hour.

(c) Employees working less than the regular weekly hours shall receive vacation pay on

each pay based on a percentage of his/her gross salary for work performed on the

following basis:

2 week entitlement- 4%

4 week entitlement- 6%

4 week entitlement- 8%

5 week entitlement- 10%

6 week entitlement- 12%

7 week entitlement- 14%

(a) Where an employee's scheduled vacation is interrupted due to illness which

commenced prior to and continues into the scheduled vacation period, the period

of such illness shall be considered sick leave where an employee can substantiate

such illness by means of a medical certificate signed by a qualified medical

practitioner acceptable to the Hospital.

(b) Where an employee's scheduled vacation is interrupted due to illness requiring

the employee to be an in-patient in a hospital, the period of such hospitalization

shall be considered sick leave where an employee can substantiate such

27 I Page

hospitalization by means of a medical certificate signed by a qualified medical

practitioner acceptable to the Hospital.

(c) The portion of the employee's vacation which is deemed to be sick leave under

the above provision will not be applied against the employee's vacation

entitlement.

Article 15- HEALTH, INSURED BENEFITS AND PENSION

15.01

(a) The Hospital shall pay its share of applicable premiums for semi-private

hospitalization, extended health care, dental, long term disability, group life and

accidental death and dismemberment insurance.

(b) The Hospital may substitute another carrier for any of the benefit plans provided

that the level of benefits is not decreased. The Hospital will advise the Union of any

changes in carrier.

(c) The policy of the Hospital, to make available pension coverage for the employees

subject to the provisions of the Plan will be continued during the term of this

Agreement.

Note: Employees working at, or transferred from, the Wellesley site who were members

of H.O.O.P.P. as of April 6, 1998, shall continue to remain members of their current plan.

Employees currently at the Bond Street site, and all new employees, will be members of

the St. Michael's plan.

15.02 Notification of Change of Status

Employees must notify the Employer of any change in name, income tax status,

insurance beneficiary, next of kin, dependents or any other pertinent information

necessary for dealing with employee benefits and statutory deductions.

15.03 For part-time employees in the bargaining unit, a flexible benefits plan comparable to

that provided to non-union, part-time Hospital employees will be provided effective

December 1, 1998. Effective November 1, 2000, the amount available under the Flexible

Benefits Programme will be increased to $1,000.00 per annum.

28[Page

Article 16- BULLETIN BOARDS

16.01 The Hospital agrees to provide a lockable bulletin board for official Union notices. All

posted notices must be signed by a member of the Union executive.

16.02 The Hospital agrees to supply the Union with a key to the bulletin board.

Article 17- CLOTHING AND EQUIPMENT ALLOWANCE

17.01 The Hospital shall supply uniform clothing as follows:

For Permanent Full-time employees:

2 pairs of pants to be replaced when worn out and returned

6 shirts to be replaced when worn out and returned

1 sweater to be replaced when worn out and returned

2 ties to be replaced when worn out and returned

For Part-time and Temporary employees

1 pair of pants to be replaced when worn out and returned

2 shirts to be replaced when worn out and returned

1 sweater to be replaced when worn out and returned

1 tie to be replaced when worn out and returned

Full-time employees will be provided with a spending account valued at $175 per

Hospital fiscal year which they may use to purchase, through the Manager, Security

Services, additional shirts, pants, sweaters or items from the following list:

winter parka black belt

raincoat keepers

windbreaker notebook holders

garrison belt mini mag lights

Part-time employees will be provided with a proportional allowance of between $75 and

$150 per year, depending on the total hours worked in the previous fiscal year, which

they may use to purchase additional shirts, pants, sweaters or items from the above list.

Damaged clothing will be replaced as required upon the presentation of the worn or

damaged article to the Manager, Security Services, or a designate. Such replacement

29IPage

shall be at the discretion of the Manager, Security Services, or the designate.

17.02 Employees will be required to pay the replacement costs for any of the above articles

that are lost or willfully destroyed through malice or neglect on the part of the

employee.

The Hospital will provide full-time Security Guards and Acting Lead Guards with a safety

shoe allowance in accordance with its current policy. All employees will be required to

purchase and wear safety shoes of a style and colour as specified by the Hospital.

17.03 Memo books, shoulder patches and other identification and all other reports and

written materials containing confidential information and/or relating to the provision of

security services by the Security Guard are the property of the Hospital and shall be

returned to the immediate supervisor upon the termination of any employee. All memo

books will be handed in to the immediate supervisor when filled or upon request. All

memo books are to be retained by the Hospital using appropriate safekeeping

procedures as established by the Hospital.

17.04 The Hospital agrees to allow protective vests to be worn by Security Guards. Supply of

protective vests will be on the following basis:

(a) The wearing of protective vests by all Security Guards will be mandatory at all times

the Guard is on duty (including paid break periods). There will be no acceptable

excuse for failing to wear a protective vest when on duty.

(b) The Hospital will provide all Security Guards an over-the-shirt protective vest.

These vests will not be taken home by Security Guards and shall remain the

property of the Hospital. In the event that a Security Guard leaves employment at

the Hospital and does not return the protective vest, the cost of replacing that vest

shall be deducted from the Security Guard's last pay.

Article 18- COMPENSATION

18.01 The wage rates in effect for the duration of this Collective Agreement shall be as follows:

April 1, 2009 April 1, 2010 April 1, 2011 April 1, 2012

Security Guard $21.39

Security Communications $20.15 Specialist

$21.82

$20.55

$22.26

$20.96

$22.70

$21.38

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18.02

A new employee entering any one of the above classifications will start one dollar

($1.00) below the rate shown, and receive the full rate following satisfactory completion

of the probationary period in the relevant classification.

Part-time employees shall be paid at the rate applicable to the classification in which the

majority of hours are worked on a shift.

When a new classification which is covered by the terms of this Collective Agreement is

established by the Hospital, the Hospital shall determine the rate of pay for such new

classification and shall, within seven (7) days, notify the Union of same. If the Union

challenges the rate, it shall have the right to request a meeting with the Hospital to

endeavour to negotiate a mutually satisfactory rate. Such request will be made within

ten (10) days after the receipt of notice from the Hospital of such new occupational

classification and rate. Any change mutually agreed to resulting from such meeting shall

be retroactive to the date that notice of the new rate was given by the Hospital. If the

parties are unable to agree, the dispute concerning the new rate may be submitted to

arbitration as provided in this Agreement within fifteen (15) days of such meeting. The

decision of the Board of Arbitration shall be based on the relationship established by

comparison with the rate(s) for other classification(s) in the bargaining unit having

regard to the requirements of such classification.

18.03 Shift Premium and Weekend Premium

18.04

A shift premium of 85 cents per hour will be applicable to all employees for all hours

worked between 7:30 p.m. and 7:30a.m. Effective April 1, 2010, this shift premium will

be 90 cents per hour. Effective April1, 2011, this shift premium will be 95 cents per hour.

Effective April1, 2012, this shift premium will be $1.00 dollar per hour.

In addition thereto, and effective April 1, 2009, a weekend premium of 85 cents per

hour will be applicable to all employees for all hours worked between 12:01 a.m.

Saturday and 11:59 p.m. Sunday. Effective April 1, 2010, this weekend premium will be

90 cents per hour. Effective April 1, 2011, this weekend premium will be 95 cents per

hour. Effective April1, 2012, this weekend premium will be $1.00 per hour.

Meal Allowance

When an employee is required to and does work for three (3) or more hours of overtime

after his/her regular shift he/she shall be provided with five dollars ($5.00) meal

allowance. This allowance shall not be applicable if the overtime is due to pre-arranged

31 I P a g e

training.

Article 19- HEALTH AND SAFETY

19.01 The Employer will continue to make adequate provisions for the occupational health and

safety of employees and ensure compliance with the Ontario Occupational Health and

Safety Act.

19.02 The parties agree that, on health and safety grounds, and with the acknowledgement

that all employees should have a minimum period of hours free from work; employees

should have a minimum period of at least eight hours free from work from other

employers in the twelve hour period immediately preceding their shifts at the Hospital.

Employees must, accordingly, advise the Hospital, upon request, as to the identity of any

other employer and provide the Hospital with copies of their work schedules with other

employers.

The parties further agree that substantial forms of self employment may have the same

impact as work for another employer, and agree that, where the Hospital has reason to

believe those circumstances exist, the terms of the preceding paragraph apply.

Article 20- MISCELLANEOUS

20.01

20.02

20.03

Every employee shall be individually responsible for notifying the Employer within five

(5) working days of change of address, marital status, name, income tax status,

insurance beneficiary, next of kin, and any other reasonable information pertaining to

personnel record.

Appropriate training shall be provided by the Hospital.

The mandatory retirement date for all employees covered by this agreement shall be the

last day of the month in which the employee reaches retirement age in accordance with

the retirement policy of the Hospital and as specified by the Pension Plan.

Article 21- DRESS AND DEPORTMENT

21.01 Security Guards, Acting Lead Guards and Communication & Dispatch Information Clerks

will report no later than the start of their shift appropriately dressed in a neat, clean full

uniform. All security staff will wear their hair (including facial hair where relevant) in a

32 I Page

neat and tidy manner.

Article 22- LICENSURE

22.01

22.02

Effective the date of proclamation of the Private Investigators and Security Guards Act

(or such date as specified by an attendant regulation), all persons in the position of

Security Guard(and any other security position required by legislation) working at St.

Michael's Hospital must hold a valid license. The Hospital will provide training and

testing preparation sessions to assist Security Guards in preparing to meet the

anticipated license requirements of the legislation. It is understood and agreed that

attendance at such sessions will be on a voluntary, unpaid basis.

A Security Guard (or employee working in another Security services position requiring a

license) who does not the hold a valid license may not work in that position at St.

Michael's Hospital, and the Hospital will have no obligation to provide any alternate

work to such an individual.

A Security Guard (or employee working in another Security services position requiring a

license) is required to provide proof of his/her license to the Manager of Security

Services (or his/her designate) at the time of initial issuance, or in advance of the time

of hire, and at, or in advance of, each renewal date.

A Security Guards (or employee working in another Security services position requiring a

license) failure to obtain or hold a valid license shall result in the relief from duty

without pay. The employee has 90 days from the date of suspension or failure to obtain

the license to obtain or restore the license. During this period, seniority will be frozen

and will not accrue. If employee fails to obtain or restore the license within 90 days, the

employee will be terminated without severance and without the right to grieve.

It is agreed that references in the Collective Agreement for the term "Security Officer"

will be replaced with the term "Security Guard".

Article 23- DURATION

23.01

23.02

This Agreement will be effective as of April1, 2009 and will expire on March 31, 2013.

In the event of notification being given as to the amendment of the Agreement,

negotiations between the parties shall begin within thirty (30) days or as mutually

33[Page

~~~~----

23.03

agreed to following such notification.

If pursuant to such negotiations an agreement on the renewal or amendment of this

Agreement is not reached prior to the current expiration date, this Agreement shall

automatically be extended until consummation of a new agreement or completion of

the procedures prescribed under the Labour Relations Act of the Province of Ontario

and the Hospital Labour Disputes Arbitration Act as amended from time to time.

DATED AT TORONTO THIS~~AY OF Mbnw..J.!j 2012.

rZ!~J EM:OY~ ~'U.V~~

34IPoge

MEMORANDUM OF UNDERSTANDING RE: Self Scheduling

Self scheduling may be instituted by the Hospital when two-thirds of the Security Guards and Acting

Lead Guards who will be affected vote have so indicated by a secret ballot.

When self scheduling is to be implemented, it shall be introduced on a trial basis for a period of at

least twelve (12) weeks.

It is understood that either party reserves the right to discontinue self-scheduling after the 12 week

trial period, upon the provision of six (6) weeks written notice, and after the parties have had a

reasonable opportunity to address any concerns.

3SIPage

Payroll Adjustments

May 25,2000

Renewed March 29, 2005

Renewed May 3, 2007

Renewed June 6, 2011

Ms. Mary Hart

Senior Legal Counsel

SEIU, Local 2.on

Brewery, General and Professional Workers Union

238 Jane Street

Toronto, Ontario

M6S 3Z1

Dear Ms. Hart:

This letter will confirm the understanding of the parties regarding Payroll Adjustments. The

Hospital will make every effort to forward the required documentation for pay adjustments to the

payroll unit within three days of receiving a properly completed adjustment request form from an

employee.

Nelson Fryer Director, Employee Relations

36 I Page

LEITER OF UNDERSTANDING RE: Identification Badges

The Hospital agrees for a six month trial period to provide employees with an identification badge

with their first name and last initial, as opposed to their first name and last name. In every case, the

identification badge shall be worn so that the employee's picture and first name and last initial are

visible at all times. The Hospital will review the trial to determine whether it will continue to provide

employees with an identification badge with their first name and last initial.

It is understood and agreed that in the event that the Hospital reverts to its regular practice of first name

and last name, the Union reserves its right to grieve, in which case the Hospital reserves its right to argue

that the grievance is improper and not arbitrable.

2012.

37 I Page

LEDER OF UNDERSTANDING Re: Acting Lead Guards

The parties agree:

1. The Hospital will offer a two day training course as has been agreed, in the duties, functions and responsibilities of Acting Lead Guards to all employees in the bargaining unit who have attained seniority status. This course will be offered at least once in the 120 day period following the conclusion of a

new collective agreement between the parties, and may be offered by the Hospital at other times as well, either before or after the conclusion of a new collective agreement;

2. No employee in the bargaining unit will be required to take this course or to fill the role of Acting Lead

Guard if he/she does not take the course;

3. Any employee who takes the course may be required to fill the role of Acting Lead Guard at least once. After every employee present on shift has filled the role of Acting Lead Guard at least once, the Hospital will offer further opportunities for Acting Lead Guard assignments by seniority among employees

who have taken the course and who are present on shift. When such an offer is made, the most junior employee present on shift who has taken the course may not refuse to fill the role of Acting

Lead Guard if all eligible employees senior to him/her have declined to fill the role;

4. An employee who acts as an Acting Lead Guard will remain a member of the bargaining unit, and will be paid a premium of $1.60 per hour in addition to any other entitlements under the collective agreement (unless he/she is already being paid the rate of a Charge Guard) for the duration of the assignment.

5. The Hospital will develop, as soon as possible, a job description for Acting Lead Guard, and will consult the Union, and give the Union an opportunity for meaningful input, prior to finalizing this job description; and

6. The Union encourages all eligible employees to take the Acting Lead Guard course and to accept the role when the opportunity presents itself.

DATED AT TORONTO THIS-~ DAY OF _,Jdm-'='"'-"'"','-L..!<{J,_~"".:::;..L=--.1-----'' 2012.

)

38IPage

LEITER OF UNDERSTANDING Re: Scheduling

At recent bargaining, the parties discussed the Hospital's scheduling practices and rights. The Hospital understood

that, as long as the 2003-2006 collective agreement remains in operation, it will not require employees to change

their normal shift, provided with reasonable notice:

1. an employee's shifts may be changed for training and/or staff development purposes, on a temporary basis, provided that those normally on days will not be transferred on to nights as a result;

2. this does not affect the Hospital's ability to discipline an employee for just cause, including where appropriate changing the employee's shift;

3. The Hospital may transfer employees from one crew or platoon to another on the same shift up to twice in a contract year; and

4. this does not affect the Hospital's right to make shift assignments for urgent operational needs, so long as the urgent need persists.

This letter shall cease to have any force or effect when this collective agreement ceases operation.

2012.

39 I Po g e