1.01 The purpose of this Agreement is to establish and maintain collective bargaining relations between the Centre and the employees covered by this Agreement; to provide for on-going means of communication between the Union and the Centre and the prompt disposition of grievances and the final settlement of disputes and to establish and maintain mutually satisfactory salaries, hours of work and other conditions of employment in accordance with the provisions of this Agreement. It is recognized that employees, the Union and the Centre wish to work together to secure the best possible care and health promotion for patients.

ARTICLE 2

F.A.C.T. Program now Forensic Program

C.C.C. Programs now Community Resources

AYA Program now Adolescent, Young Adults

and Dual Diagnosis Program

Clinical Program/Service Area now Integrated Health Services

Best Practice Program now Professional Practices

　

　

2.03 Paramedical/Professional Unit Including RPN’s

 

The Centre recognizes OPSEU as the exclusive bargaining agent for all Paramedical and professional staff including RPN’s employed by the Centre including those employed at any of the Centre mental health program satellite site operations, save and except medical staff, supervisors, those above the rank of supervisor, Pharmacists, Advanced Practice Psychologists, Dental Hygienists, Research Personnel, Clinical and Regional Forensic Coordinators, Program Evaluation Personnel, Clinical Dieticians, Chaplain and any employee who is a member of another bargaining unit.

 

Clarity Note: Those holding positions at or above the rank of supervisor include but are not limited to Team/Group Leaders, Discipline Chiefs, Rehabilitation Facilitators, Program Managers, and Social Work Supervisors.

 

Clarity Note: The parties agree that individuals in all positions/classifications presently excluded from any previous OPS bargaining unit are excluded from the bargaining unit set out above.

 

　

2.04 For purposes of clarity, the following meaning and understandings will apply, as required, to the bargaining units described above:

 

(a) "Mental Health Program Satellite Site Operation" – means a location from which a Community Mental Health Program is conducted and which is an extension of the operation of the Centre;

 

(b) "Supervisor" – means a person who is employed in a managerial capacity as per Section 1(3)(b) of the Labour Relations Act;

 

(c) "Confidential Secretaries/Personnel" – means persons who are employed in a confidential capacity as per Section 1(3)(b) of the Labour Relations Act;

 

　

　

　

2.05 The Centre agrees that any person hired to fill bargaining unit vacancies at the Centre and any of the Centre’s mental health program satellite site operations after the Transfer Date shall be included in the appropriate bargaining unit as described above.

 

Nothing in this Article restricts or limits the right of OPSEU to make an application to the Ontario Labour Relations Board under Section 114(2) of the Ontario Labour Relations Act, 1995 challenging the status of any person, (including the above identified clinical secretaries) deemed by the Centre to be a "Supervisor" or to be "Confidential Secretaries/Personnel" as defined in Article 2.02 above.

　

2.06 The parties agree that the issue of the categories of excluded employees in the three bargaining units may be the subject matter of discussions at collective bargaining negotiations between the parties, but shall not be the subject matter of impasse collective bargaining or Interest Arbitration under the Hospitals Labour Disputes Arbitration Act.

　

　

　

A Part-time employee is an employee who is regularly scheduled not more than 22.5 hours per week. A part-time employee is defined as an employee who makes a commitment to the Centre to be available for work on a predetermined basis as required by the Centre. Part-time (PT) employees are not guaranteed a specific number of shifts per pay period or per scheduling period. Prior to the utilization of Casual staff, Part-time employees that are normally scheduled on that unit/department will be given the option of being scheduled for additional shifts over and above their normal commitment in the event of illnesses, vacations, emergencies and other periods of staff shortages.

A Temporary employee is defined as an employee filling a vacancy caused by illness, accident, pregnancy/parental leaves, vacation, leaves of absences not expected to exceed greater than 12-months or specific tasks or projects of less than 12 continuous calendar months. They may be assigned either full-time or part-time hours as identified elsewhere in this Agreement.

 

Temporary employees regardless of hours worked will be paid the applicable wage and percentage in lieu of benefit payments as defined elsewhere in the agreement.

 

　

Temporary employees are not eligible for Layoff and Recall rights as per Article 32 (Layoff/Recall) of this agreement but are entitled to Employment Standards Act severance and notice provisions.

 

Temporary employees are not eligible to apply for posted vacancies until they have completed at least six (6) months of their assignment.

 

　

The termination of a temporary employee shall not be the subject of a grievance or arbitration.

 

　

　

3.06 STUDENT EMPLOYEE

 

A student is an employee occupying a student position during his regular school, college, or university vacation period or Student Employment Program, during his or her regular school, college or university session or vacation period or occupying a co-operative education student position under a co-operative education program.

 

Students shall not be used to fill bargaining unit vacancies or new bargaining unit positions.

 

　

　

Internship positions shall not be subject to the job posting provisions. Once the internship placement ends, then employment is terminated.

 

The Employer agrees to advise the Union in writing before the commencement or termination of any Internship Program/Initiatives.

 

　

4.01 The Centre and the Union each agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members because of an employee’s membership or non-membership in the Union or because of his activity or lack of activity in the Union.

 

4.02 The Union further agrees that there shall no be solicitation for membership or other Union activities during working hours except as specifically permitted by this Agreement or in writing by the Centre.

 

4.03 It is agreed that issues such as privacy and confidentiality shall be respected by all parties covered by this collective agreement.

　

5.01 The Union recognizes that the management of the operations and the direction of the employees are fixed exclusively with the Centre and shall remain solely with the Centre and without restricting the generality of the foregoing it is the exclusive function of the Centre to:

 

maintain order, discipline, and efficiency;

 

hire, assign, retire, promote, demote, classify, transfer, direct, lay-off, recall and to suspend, discipline or discharge employees provided that a claim by an employee that she has been disciplined or discharged without just cause may be subject of a grievance and dealt with as hereinafter provided;

 

establish, alter, and enforce reasonable rules and regulations to be observed by the employees; provided that such rules and regulations shall not be inconsistent with the provisions of this Agreement;

 

determine all work schedules, the kind and location of equipment to be used, methods to be used, the location and number of employees required from time to time, the services to be performed, the standards of performance of all employees, work assignments, the hours of work and all other rights and responsibilities of management not specifically modified elsewhere in this Agreement;

 

There shall be no verbal or written agreements with any employees, that are contrary to this Collective Agreement, without agreement with the Union.

 

Not withstanding the above, the Employer shall not exercise these rights in an arbitrary, discriminatory or bad faith manner.

　

6.01 Union Stewards

The Centre agrees to recognize Union Stewards to be elected or appointed from amongst employees in the bargaining unit for the purpose of handling grievances and other Union business as provided under this Collective Agreement.

Employees who are Union Stewards have their regular duties and responsibilities to perform for the Centre and shall not leave their regular duties without first obtaining permission from their immediate supervisor. Such permission shall not be unreasonably withheld. If in the performance of her duties, a Union Steward is required to enter an area within the Centre in which she is not ordinarily employed, she shall report her presence to the supervisor in the area immediately upon entering it.

 

When resuming her regular duties and responsibilities, such steward shall report to her immediate supervisor. A Union Steward shall suffer no loss of earnings for time spent in performing the above duties during her regular scheduled working hours.

 

The Union shall keep the Centre notified in writing of the names of the Union Stewards appointed or selected under this Article.

6.02 Grievance Committee

The Centre will recognize a grievance committee comprising of two (2) OPSEU stewards or designates and two (2) management members. The purpose of the committee is to process grievances as set out in this Collective Agreement.

 

The Centre and the Union will work collaboratively to address workload issues of employees that arise as a result of this process.

6.03 New Employee Orientation

The Union will be provided one half hour to meet with the group of new bargaining unit employees during the Centre orientation program.

　

6.04 No individual employee or group of employees shall undertake to represent the Union at meetings/ committees with the Centre without proper authorization from the Union.

　

　

　

The office space and mail services currently being provided to the Union shall continue. Such accommodation shall be free of charge.

 

The use of the Centre’s services (such as duplicating, computer services including email) shall be made reasonably available to the Union subject to priorities determined by the Centre in its discretion and subject to such charges for the use of such facilities and services as the Centre incurs to provide them.

 

For general membership meetings, with approval by the Director of Human Resources or designate, and subject to space availability, the Centre agrees to endeavour to provide space for meetings of the Local Union within the Centre premises.

　

Dedicated space on current bulletin boards will be made available to the Union for the posting of official Union notices. Such bulletin boards shall be in areas where all employees will have access to them. All notices shall be signed by an Executive member of the Union. The notices must pertain to local Union work-related issues. The Centre reserves the right to approve the posting of such Union notices.

　

Union Negotiating Committee members up to a maximum of seven (7) shall be granted leave with pay, without loss of credit or seniority, for attending central negotiating meetings with the Central Negotiating Committee in direct negotiations up to and including conciliation and arbitration.

 

It is understood that both parties must agree to participate in central bargaining prior to joining the central bargaining process. All provisions for the local bargaining committee shall also apply to the Central Negotiating Committee

12.03 The Union may at its discretion require a reasonable number of members, at any one time, to be granted a leave of absence without pay but with no loss of credits and seniority for the purpose of assisting the Union in advising and educating the members with respect to the collective bargaining process.

 

12.04 Nothing in this provision is intended to preclude the Union negotiating committee from having the assistance of any representatives of OPSEU when negotiating with the Centre.

 

　

12.05 The Centre will adjust the scheduled shifts of workers on the bargaining team to coincide with scheduled dates during the bargaining process.

 

12.06 When direct negotiations begin or end within ten (10) hours of a negotiating team member's scheduled shift, the Centre will provide a one day's leave of absence with pay, to provide sufficient rest break if the employee so requests. Such leave shall not be considered leave of absence for Union business.

 

　

　

　

The Union agrees there shall be no strikes and the Centre agrees that there shall be no lock-outs so long as this agreement continues to operate. The terms "strike" and "lock-out" shall bear the meaning given them in the Ontario Labour Relations Act.

　

14.01 The Centre shall deduct from each bi-weekly pay of each bargaining unit employee, an amount equivalent to such Union dues as the Union advises the Centre. In addition, the Centre shall deduct Union dues from any retroactive wage payments made to the employees. The Centre agrees that it will remit the total amount of such deductions to the Director of Financial Administration of the Union, no later than the 15^th day of each month following the month that deductions were made.

 

14.02 The monthly dues deduction list is to be copied to the Local President at the same time that it is forwarded to the Union’s Director of Finance.

 

In addition, the Centre agrees to forward to the Union, on a one time basis, a master list of current bargaining unit members. This list shall include, the employee name, classification/job title, part time/full time status and if on leave, greater than thirty (30) days. The lists shall be updated by providing changes on a quarterly basis.

 

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

 

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

15.01 There shall be no discrimination or intimidation or harassment by supervisors, managers or other agents of the Centre against any employee because of the employee’s membership in the Union or by virtue of his holding office in the Union.

 

15.02 The Union agrees that neither its officers nor its members, nor persons employed directly by the Union, will discriminate against or intimidate employees who are not members of the Union.

 

15.03 It is agreed that there will be no discrimination by either party to this Agreement or by any of the employees covered by this Agreement against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, or disability, as defined in section 10(1) of the Ontario Human Rights Code (OHRC).

15.04 The parties agree that all entitlements under the collective agreement that apply to spouses, shall apply equally to same sex spouses and common law spouses.

15.05 The Centre will provide training on harassment and discrimination to all employees of the Centre. There will be no loss of pay or credits attending this training.

15.06 An employee who feels that they may have been the subject of harassment may utilize the grievance procedure of this collective agreement.

　

　

A full time employee from the date of hire will be considered on probation until he has completed one hundred and eighty (180) days of work or 1350 hours within any twelve (12) calendar months.

 

Absences from work for whatever reason exceeding thirty (30) days shall not be counted for the purpose of completing the 180 days of work probationary period.

 

The parties recognize that ongoing feedback about an employee’s progress is important to the probationary employee.

 

 

17.02 The Centre shall have the right to release a probationary employee for reasons based on performance and the ability to do the job, including skills, suitability and availability. Such release shall be at the discretion of the Employer and shall not be subject to the grievance procedure unless the probationary employee is released for reasons which are arbitrary, discriminatory or in bad faith.

 

　

　

　

17.03 Where a casual or part time employee is appointed to a full time position and/or part time position and has worked more than 22.5 hours per week on a continuous basis immediately prior to appointment in that classification, the straight time hours he or she actually worked within the previous year will be considered to be part of his or her probationary period to a maximum of 1350 hours and will be considered the equivalent of nine (9) months.

 

　

Time off with no loss of pay for bargaining unit members on the JOHSC to perform these duties shall be granted as per the Occupational Health and Safety Act.

 

　

　

18.06 Infectious Diseases

 

(a) The Employer shall provide at no cost to the employees a Hepatitis B vaccine, Influenza vaccine, and Tuberculosis testing.

 

(b) Where the Employer identifies an exposure/ outbreak and where employees are in contact with infectious and communicable diseases, testing and protective medications and treatment shall be provided at no cost to the employee. The Employer will cover costs not covered under the Centre benefit plans or Provincial Plans.

 

(c) Where an employee is directed to remain at home due to quarantine conditions as defined by the Employer and/or the Provincial Medical Officer of Health and/or the Regional Public Health Authority , there shall be no deduction of sick credits and no interruption of pay, benefits, credits.

 

　

18.07 Safety Equipment

 

The Centre shall provide, where required, appropriate safety equipment, protective clothing, and training in the use of such equipment or clothing. Employees shall use all safety equipment and protective clothing provided and shall participate in any related training programs.

　

18.08 The Employer shall reimburse employees for the cost of repair(s) and /or replacement of personal clothing/property damaged as a direct result of their carrying out the duties assigned by the Employer. This agreement is subject to the following conditions:

i) the employee shall notify their supervisor at the time of the occurrence of the damage which has occurred and

ii) such repair(s) and / or replacement must be pre-approved.

iii) the employee shall provide the Employer with a receipt for such repair(s) and /or replacement of personal clothing/property.

　

18.09 Employees who are required to provide patient care outside of the Centre shall be provided with Centre issued communication devices which shall be returned upon completion of the assigned duties.

　

18.10 Any in-patient requiring transport shall be assessed by the clinical treatment team to determine the necessity of a clinical staff or gender specific clinical staff escort.

 

18.11 Display Screens

 

After each hour of continuous operation of a display screen, a display screen operator shall be relieved of such duties for a period of five (5) minutes in which she will perform other job related duties.

 

At the beginning of assignment to a display screen and every twenty-four (24) months thereafter, a display screen operator who is regularly required to operate a display screen for two (2) hours or more per day shall be required to undergo an eye examination by an optometrist or an ophthalmologist who is qualified to conduct the following tests:

 unaided visual acuity (letter chart test)

 refractive findings

 corrected visual acuity

 amplitude accommodation

 suppression

 muscle balance (near, one metre, distant)

 slit lamp biomicroscopy.

 

The cost of the eye examination shall be borne by the Employer to a maximum of $50.00, and the display screen operator shall authorize release of a copy of the examination report to the Employer for inclusion on employee’s health file.

 

 

In consultation with the Union, based on the recommendations of the site specific JOHSC, the Centre will:

　

a. conduct risk assessments, as necessary;

b. establish a violence prevention policy;

c. establish work practices and procedures to eliminate or minimize violence;

d. establish procedures for reporting, investigating and recording of incidents of violence; and

e. provide information and training to employees on the recognition of potentially violent situations and diffusion of violent situations.

　

18.13 Pregnant employees may request to be transferred from their current duties if, in the professional opinion of the employee’s physician, the pregnancy may be at risk.

18.14 The Centre shall endeavour to take all reasonable measures to protect employees from violence at work.

　

19.01 General Holidays

 

The days to be designated as holidays each year during the term of this Agreement shall be the following:

New Year’s Day,

Family Day,

Good Friday,

Easter Monday,

Victoria Day,

Canada Day,

Civic Holiday,

Labour Day,

Thanksgiving Day,

Remembrance Day,

Christmas Day,

Boxing Day.

 

19.02 Compensation

 

A holiday shall be compensated as set out below:

 

if the employee does not work on the designated holiday, the employee shall be paid for a full day at their regular rate of pay;

 

If a holiday falls on an employee’s regularly scheduled day off, then they shall receive a day in lieu. Such lieu day must be taken at a mutually agreeable time prior to March 31’st of the following year. If not used by this date, it shall be paid out at the rate it was accumulated.

 

An employee scheduled to work on any of the foregoing holidays shall be paid at the rate of time and one half (11/2) the employee’s regular straight time hourly rate of pay for all hours worked on such holiday. In addition the employee will receive a lieu day off with pay. Such lieu day must be taken at a mutually agreeable time prior to March 31’st of the following year. If not used by this date, it shall be paid out at the rate it was accumulated. If not used by this date, it shall be paid out at 7.5 hours pay for those employees who work a 8 hour shift and at 11.25 hours pay for those employees who worked a 12 hour shift.

iv) Where an employee is required to work overtime on such a shift she shall be paid at the rate of two (2) times her regular straight time hourly rate for the overtime hours.

20.01 An employee shall be allowed a leave of three (3) scheduled working days leave of absence without loss of straight time pay to attend a funeral, memorial service or equivalent in the event of death of the following:

Spouse, common law spouse or partner including a same sex spouse/partner

Parents (including step-parents)

Children and step-children

Siblings (including brother or sister in-law)

Spouse/Partner’s Parents

Grandparents

Grandchildren

Children’s spouse

 

20.02 An employee shall be allowed a leave of one (1) scheduled working day leave of absence without loss of straight time pay to attend the funeral of his or her aunt, uncle, niece or nephew, ward or guardian.

　

20.03 The Centre at its sole discretion may extend such leave with or without pay. Furthermore, where an employee does not qualify under the above-noted conditions, the Centre may nonetheless grant a paid bereavement leave.

20.04 If during a period of vacation an employee is bereaved in circumstances under which he or she would have been eligible for leave under this article he or she shall be granted leave and his or her vacation credits shall be restored.

 

　

　

Family Medical Leave (Compassionate Care Leave) shall be granted without pay for a period of up to eight (8) weeks in accordance with the Employment Standards Act 2000.

 

　

(i) Informs the Centre immediately upon being notified that the employee will be required for such attendance.

(ii) Presents proof of service requiring the employee’s attendance, and promptly repays the employer the amount (other than expenses) paid to the employee for such service as a juror or for attendance as such witness where any monetary compensation is provided for attendance.

 

b) Court of Law/Coroner’s Inquest

 

Where an employee is required by subpoena or as a witness to attend a Court of Law or Coroner’s Inquest (proof of attendance provided to the employer as requested) in connection with a case arising from the employee’s duties at the Centre, on his regularly scheduled day off or during his regularly scheduled vacation, the Centre will reschedule the employee’s regular day off or vacation period, it being understood that any rescheduling shall not result in the payment of any premium pay.

c) Professional College Hearing

 

Where an employee is required by subpoena or as a witness to attend a Professional College hearing, with proof of attendance provided to the Employer, as requested, in connection with a case arising from the employee’s duties at the Centre, on his regularly scheduled day off or during his regularly scheduled vacation, the Centre will attempt to reschedule the employee’s regular day off or vacation period, it being understood that any rescheduling shall not result in the payment of any premium pay.

23.01 Employees who have been continuously employed for 13 weeks prior to the anticipated date of birth or prior to the commencement of the leave, will, upon application be granted a leave of absence without pay of at least seventeen (17) weeks, or such shorter period as requested by the employee.

23.02 Employees will be paid 93% of their salary during the first two (2) weeks of their maternity leave. For those employees who are eligible for Employment Insurance (EI), the Centre will top up the EI payment to a total of 93% up to a maximum of 15 weeks based on the rate of pay they receive on the last day worked, prior to the start of the leave.

 

EI benefits are payable from eight (8) weeks prior to the scheduled date of birth up to seventeen (17) weeks after the expected date of confinement, whichever is later.

An employee who is ill prior to the estimated delivery date is entitled to paid sick leave, upon providing her immediate supervisor with a medical certificate from a duly qualified practitioner that a medical condition exists to warrant early leave. The terms of the Sick Leave policy shall apply.

During Maternity Leave, the employee may decline to continue in the Centre’s Benefit and Pension Plans or they may continue coverage by paying the employee portion of such coverage. Employees must arrange to provide such payment one (1) month in advance of the first of each month for such coverage.

Employees who choose to take Parental Leave must begin their leave as soon as their maternity leave is over.

An employee returning from Maternity Leave will return to her position unless it no longer exists. In such a case the employee, will be given a comparable job, if possible, or the layoff provisions will apply.

Such payments shall include any progression on the wage grid and any negotiated or amended wage rates.

 

23.03 Vacation credits, seniority and service will continue to accrue during the pregnancy leave.

 

23.04 An employee entitled to pregnancy leave, under this article, who provides the employer with proof that she is in receipt of Employment Insurance benefits

pursuant to the Employment Insurance Act, (Canada) shall be paid an allowance in accordance with the Supplementary Unemployment Benefit Plan.

　

　

　

24.01 Parental leave may begin no earlier than the day the child is born or comes into custody, care and control of the parent for the first time; and no later than 52 weeks after the day the child is born or comes into custody, care and control of the parent for the first time.

 

The parental leave of an employee who takes pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of the parent for the first time.

 

Parental leave ends 35 weeks after it begins for an employee who takes pregnancy leave and 37 weeks after it begins for an employee who did not take pregnancy leave or on an earlier day if the employee gives the direct supervisor or manager at least four (4) weeks’ written notice of that day.

 

Where an employee chooses to serve the two (2) week waiting period under the Employment Insurance Act Canada before receiving benefits under that Act, she/he will receive for the first two (2) weeks, payments equivalent to 93% of the actual weekly rate of pay that he or she was receiving on the last day worked prior to the start of the leave, and,

 

Up to a maximum of 15 additional weeks, payments equivalent to the difference between the sum of the weekly Employment Insurance (EI) benefits that the employee is eligible to receive and any other earning received by the employee and 93% of the actual weekly rate of pay which he or she was receiving on the last day worked. An employee returning from parental leave will return to his/her position unless it no longer exists, . In such a case the employee will be given a comparable job, if possible, or the layoff provisions will apply.

 

This leave shall permit the accumulation of credits for not more than 35 weeks. Such payments shall include any progression on the wage grid and any negotiated or amended wage rates.

 

Vacation credits, seniority and service will continue to accrue during the parental leave.

24.02 During Parental Leave, the employee may decline to continue in the Centre’s Benefit and Pension Plans or they may continue coverage by paying the employee portion of such coverage. Employees must arrange to provide such payment one (1) month in advance of the first of each month for such coverage.

 

　

24.03 The employee must contact the Human Resource Department to make arrangements to remit her/his share of any premiums for non eligible benefits to be paid while he/she is on Parental Leave.

 

　

24.04 Except for an employee to whom Article 23 (Maternity Leave) applies, an employee on parental leave is entitled, upon application in writing at least two (2) weeks prior to the expiry of the leave, to a further consecutive leave of absence without pay but with accumulation of credits for not more than six (6) weeks.

　

　

25.01 Sick Hours Accumulation

 

An employee who is unable to attend to his or her duties due to sickness or injury is entitled to leave of absence with pay as follows:

 

(a) with regular salary for the first six (6) working days at 7.5 hours of absence per occurrence,

(b) with seventy-five percent (75%) of regular salary for an additional one hundred and twenty-four (124) working days of absence at 7.5 hours, in each calendar year (which shall not accumulate).

 

The pay of an employee under this article is subject to deductions for insurance coverage and pension contributions that would be made from regular pay. The employer paid portion of all payments will continue to be made.

 

Sick hour banks will not be paid out on termination of employment; however, sick hours can be accumulated over a three (3) year period to a maximum of 18 days at 7.5 hours.

 

In the first year of employment, accumulation of sick time will be pro-rated.

 

　

　

If a claim is not approved, any payments made under the foregoing provisions in excess of which she is entitled under the Short Term Sickness Plan shall be an amount owed by the employee to the employer or vice-versa.

26.03 WSIB Awarded Claim – Continuing Employee Benefits

Where an employee receives an award under the Workplace Safety and Insurance Act, the employee and the Employer will continue to pay their portion of benefits coverage during which time the employee is receiving the award.

 

27.07 Leave Credits Report

As soon as practicable, following the end of each quarter, the employer shall provide to employees the number of vacation and attendance credits to which he or she is entitled.

 

　

　

The Centre agrees to provide and maintain an Employee Assistance Program (EAP). The cost of this program and choice of provider shall be borne by the Employer.

 

　

　

　

　

　

　

(a) The parties mutually agree that there are matters that would be beneficial if discussed at Labour-Management Committee meetings during the term of this agreement to promote constructive and harmonious relations. The Committee shall be composed of an equal number of representatives of each party as mutually agreed and shall meet at a time and place mutually satisfactory. An OPSEU staff representative will attend at the request of the Union and the Union will endeavour to give 14 days notice to the Employer.

 

The Committee shall meet no less than once a month unless otherwise mutually agreed upon. A request for a meeting hereunder will be made in writing at least fourteen (14) days prior to the date proposed and be accompanied by an agenda of matters proposed to be discussed.

 

(b) The Union Representatives of the Labour-Management Committee shall attend such joint meetings with no loss of pay or credits.

 

　

30.02 Prior to effecting any changes in corporate policies which affect employees covered by this agreement, the Centre will discuss the changes with the Union and provide copies to the Union.

　

　

(a) Effect of Absence

It is understood that during an approved unpaid absence not exceeding thirty (30) continuous days or any approved absence paid by the Centre both seniority and service will accrue.

 

During an unpaid absence exceeding thirty (30) continuous days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefit under any provision of the Collective Agreement or elsewhere, shall be suspended; the benefits concerned appropriately reduced on a pro-rata basis and the employee’s anniversary date adjusted accordingly.

 

In addition, the employee will become responsible for payment of subsidized employee benefits in which he is participating for the period of the absence. The employee must arrange with the Centre to prepay the full premium of any applicable subsidized benefits in which she is participating during the period of the leave in excess of thirty (30) continuous days to ensure continuing coverage. Such payment must be made one (1) month in advance of the first of each month for such coverage.

 

It is further understood that during such absence, credit for seniority shall be suspended and not accrue during the period of absence. Notwithstanding this provision, seniority shall accrue if an employee’s absence is is due to maternity, parental or disability resulting in WSIB or LTD benefits.

(b) The Centre agrees to provide, in response to an employee’s request, his service and/or seniority date.

(f) fails, upon being notified of a recall, to signify his intention to return to work within ten (10) calendar days after he has received the notice of recall mailed by registered mail to the last known address according to the records of the Centre and fails to report for work within seven (7) calendar days after he has acknowledged his intention to return to work or such further period of time as may be agreed upon by the parties.

　

　

　

32.01 It is understood that attrition can be used effectively as a redeployment strategy. The Centre agrees that, where possible, it will utilize attrition as a means of reducing the workforce.

 

The Lay-Off process will begin at the time of giving notice to the employee.

 

All notice periods in this Article shall run concurrently.

 

32.02 Early Retirement Option

 

The Centre shall make offers of early retirement allowance (s) in accordance with the following conditions: the Centre will first make offers in order of seniority in the departments, classifications and employment status where layoffs would otherwise occur. The Centre will offer the same number of early retirements as the number of layoffs it would otherwise make.

 

The Centre will make offers to employees eligible for early retirement under the Centre pension plan(s), including part-time if applicable. Such offers shall be made in writing and must be returned to the employer within 14 calendar days.

 

An employee who elects early retirement options shall receive a retirement allowance of two (2) weeks salary for each year of service, to a maximum of fifty-two (52) weeks salary.

 

32.03 Voluntary Exit Option

 

If there are insufficient applicants for early retirement, the Centre will offer voluntary exit options to a sufficient number of employees in the same classification and same employment status in order of seniority to the extent that the maximum number of employees in full-time or part-time status who elect a voluntary exit option is equivalent to the number of employees who would otherwise be subject to layoff under Article 32.

 

Such offers shall be made in writing and must be returned to the employer within 14 calendar days.

 

An employee who elects a voluntary exit option shall receive following completion of the last day of work, a voluntary exit option of two (2) weeks salary for each year of service, to a maximum ceiling of fifty-two (52) weeks of pay.

 

　

32.04 Long-Term Permanent Layoff

 

The Centre and the Union agree to work jointly to minimize any adverse effects of a long-term or permanent layoff (greater than thirteen (13) weeks duration) on employees, and maximize creative approaches that meet the interests of both the Centre and the employees. Accordingly, in the event of such a layoff the Centre shall:

 

provide the Union with no less than 5 months notice;

 

commencing at the time that notice is given to the Union, within thirty (30) days, and prior to giving written notice to the employees, jointly evaluate, plan and review:

i. the reason causing the layoff;

ii. the service the Centre will undertake after the layoff;

iii. how the Centre intends to effect the lay-off, including areas where layoffs will occur, and which employees will be laid off;

iv. ways the Centre can assist employees to find alternate employment; and

v. ways and means of avoiding or minimizing the impact, including:

 identifying and reviewing possible alternatives to any action that the Centre may propose taking;

 identifying and reviewing ways to address on-the-job retraining needs of employees;

 identifying vacant positions within the Centre for which the laid off employees of the bargaining unit might qualify, or such positions which are currently filled but which are expected to become vacant within a twelve (12) month period;

 identifying contracting in opportunities; and

 Mapping bumping options for affected employees, to the extent possible.

 

To allow the Labour Management Committee to carry out its mandated role under this Article, the Centre will provide the Committee with pertinent financial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit.

 

32.05 Implementation

 

Any agreement between the Centre and the Union from the above review concerning the method of implementation will take precedence over the terms of this Agreement.

 

　

32.06 Process

 

In the event of a layoff, employees shall be laid off in the reverse order of seniority in their classification.

 

Employees shall be entitled to four (4) months written notice of permanent or long-term layoff. To assist in this process layoff notices will contain, where possible, specific information on bumping options.

 

After receipt of such written notice, affected employees will have a period of up to fourteen (14) calendar days to indicate to the Centre their choice of options as outlined below.

 

The Centre agrees to meet with the affected employee(s) within fourteen (14) calendar days after it has received written notification of the employee’s choice of entitlement, in order to verify his/her choice.

 

　

32.07 Entitlements

 

An employee who is subject to permanent or long-term layoff shall have the following entitlements:

 

(a) accept the layoff and be placed on a recall list for twenty-four (24) months from the date the actual layoff begins;

 

accept the layoff, and thereafter, at the Centre’s option, receive pay in-lieu of notice and not be required to report for work during the notice period. It is agreed and understood that during the period of notice the employee’s wages and benefits will be maintained as if he/she were at work, and that his/her layoff will be deemed to have commenced at the end of the notice period;

 

transfer to a vacant position provided he or she is qualified and able to perform the work;

 

the employee may displace an employee who has lesser bargaining unit seniority and who is the least senior employee in his/her own identical paying classification whose job she is able to perform;

 

if the employee cannot displace an employee in (d) above he/she may displace an employee in the lowest paying classification who has lesser bargaining unit seniority and who is the least senior employee in that group whose job he/she is qualified and able to perform the work;

 

the employee may displace an employee in a temporary assignment provided he or she is qualified and able to perform the work.

 

An employee who is severed shall receive following completion of the last day of work, two (2) weeks salary for each year of service, to a maximum ceiling of fifty-two (52) weeks of pay.

 

　

32.08 Short-Term Layoff

 

In the event of a proposed short-term layoff that is less than thirteen (13) weeks (with the exception of shift cancellation(s)), the Centre shall provide to the affected employees no less than thirty (30) calendar days notice, or pay in lieu thereof, and no less than thirty (30) calendar days concurrent notice to the Union. In giving such notice the Centre will indicate to the Union the reasons causing the layoff and the anticipated duration of the layoff. It is agreed and understood that Regulation 288/01, Section 5 of the Employment Standards Act applies. If requested, the parties agree to meet. An employee who is subject to layoff for a period not greater than thirteen (13) weeks shall have the following entitlements:

 

accept the layoff and be placed on a recall list for twenty-four (24) months. During this period of layoff the employee may elect to receive some or all of his/her earned vacation credits up to a maximum of the period of the layoff. It is understood that his/her vacation bank entitlement will be appropriately reduced for that vacation year; or

 

displace an employee within his or her classification who has lesser bargaining unit seniority and who is the least senior employee within his or her classification, if the employee originally subject to layoff is qualified and able to perform the duties of the least senior employee in his or her classification without training other than orientation;

 

if the employee cannot displace an employee in (b), the employee may displace an employee who has lesser bargaining unit seniority and who is the least senior employee in the lowest paying classification, if the employee originally subject to layoff is qualified and able to perform the duties of the least senior employee in a lower or identical pay classification without training other than orientation.

 

　

Lower Paying Classification

 

An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification consistent with the level he would have achieved in a lower classification based on his service and experience with the Centre. Notwithstanding the above such placement on the grid will not take place until what would have been the end of the employee’s notice period regardless of when she actually assumed the duties of her new position.

 

　

　

　

　

32.09 Recall

 

An employee shall have opportunity of recall from a lay-off to an available opening, in his or her former classification, or an equal or lower paying classification than the one from which the employee was originally layed off, in order of seniority, provided she has the qualifications and ability to perform the work, before such opening is filled on a regular basis under the job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority she had at the time of the layoff.

 

In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Centre shall not act in an arbitrary or unfair manner.

 

32.10 Length of Recall Period

 

An employee recalled to work in a different classification from which he was layed off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position/classification he held prior to the layoff should it become vacant within twenty-four (24) months of the layoff provided the employee remains qualified and able to perform the duties of his former position.

 

　

32.11 Notification of Recall Opportunities

 

The Centre shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Centre (which notification shall be deemed to be received on the fifth (5^th) day following the date of mailing). The notification shall state the job to which the employee is being recalled and the date and time at which the employee shall report for work. The employee is solely responsible for her proper address being on record with the Centre.

 

32.12 Full-time and Part-time Layoff and Recall Rights

 

Full-time and part-time layoff and recall rights shall be separate. No full-time employee shall be denied her recall rights by reason of her duties being assigned to one or more part-time employees.

 

　

32.13 Layoff due to the assignment of Part-Time Staff

 

No full-time employee within the bargaining unit shall be laid off by reason of her duties being assigned to one or more part-time employees.

 

32.14 Preference for Temporary Vacancies

 

Employees on the recall list shall be given preference for temporary vacancies.

 

　

　

32.15 No New Bargaining Unit Employees

 

No new bargaining unit employees shall be hired until all of those on recall have been given the opportunity to return to work and have failed to do so, or have been found to be not qualified or unable to perform the work available.

 

　

32.16 On the Job Training

 

Where there is an available opening which has not been filled in accordance with the article on (Posting And Filling of Vacancies Within The Centre), an employee who has either accepted a layoff or is under notice of layoff and is unable to displace any other employee will be given an opportunity for on-the-job retraining of up to six (6) months, subject to the staffing requirements of the Centre, if, with the benefit of such retraining, the employee could reasonably be expected to obtain the qualifications and/or ability to perform the work. Such opportunities will be provided in order of seniority. During the period of on-the-job retraining the recall period will continue to apply from the original date of layoff and will not be extended. If, following the period of on-the-job retraining, the employee has not obtained the qualifications and ability to perform the work, the employee will be returned to the recall list in accordance with Article 32.

 

　

32.17 Continuance of Insured Benefits

 

In the event of a layoff of an employee, the Centre shall pay its share of insured benefits premiums for the duration of the agreed upon notice period provided for in Article 32.

 

If an employee elects salary continuance as their method of severance payment, they will remain eligible for Extended Health, Dental, Pension and Group Life Insurance for the duration of the severance period.

 

An employee who remains on the recall list may continue to pay the full premium cost of a benefit or benefits up to six (6) months following the end of the month in which the layoff occurs, save and except for Short Term and Long Term Disability. Such payment shall be made through the payroll office of the Centre provided that the employee informs the Centre of her intent to do so at the time of layoff, and arranges with the Centre the appropriate payment schedule.

 

　

32.18 Separation Allowance

 

　

Where an employee resigns and his or her resignation takes effect within one (1) month after receiving a layoff notice, he or she shall be entitled to a separation allowance of two (2) weeks salary for each year of continuous service with the Centre to a maximum of twenty (20) weeks pay. On the production of original receipts from an approved educational program within twelve (12) months of resignation, the employee shall be reimbursed for tuition fees up to a maximum of three thousand dollars ($3,000.00)

 

Where an employee resigns later than one (1) month after receiving a layoff notice he or she shall be entitled to a separation allowance of four (4) week’s salary. On the production of original receipts from an approved educational program within twelve (12) months of resignation, the employee shall be reimbursed for tuition fees up to a maximum of one thousand, two hundred and fifty dollars ($1,250.00)

 

　

　

　

　

　

The Centre undertakes to notify the Union as far in advance as possible and in any event no less than four (4) months, of any technological changes which the Centre has decided to introduce which will significantly change the employment status of members of the bargaining unit.

 

The Centre agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse effect, if any, on employees concerned.

 

Where new or greater skills are required than are already possessed by individual employees under the present methods of operation, such employees shall be given a period of training during which they may perfect or acquire the skills necessitated by the new method of operation.

 

The Centre will assume the cost of tuition and travel if required.

 

There shall be no reduction in wage or salary rates during the training of such employee. Training shall be given during the hours of work whenever possible and may extend for up to six (6) months.

 

ARTICLE 34

POSTING AND FILLING OF VACANCIES WITHIN THE CENTRE

 

34.01 When a vacancy occurs in a bargaining unit position or a new position is created in the bargaining unit, it shall be advertised for at least ten (10) working days prior to the established closing date. Where practicable, notices of vacancies shall be posted either electronically or on bulletin boards and, upon request, shall be provided in large-sized print or braille where the posting location has the capacity to do so. The position posting shall state whether the position is a bargaining unit position.

34.02 The notice of vacancy shall state, where applicable, the nature and title of the position, salary, qualifications required, and the hours of work. Internal notice of vacancy shall also state the work location where the position currently exists, that the position is represented by the Union and the particular bargaining unit which contains the position.

34.03 Employees with an interest in applying for any vacancies shall be entitled to request from the employer the job position/description. On request, this shall be provided to the Employee within one working day.

34.04 a) Temporary assignments required for six months or less, the employer will assign qualified candidates. Temporary assignments longer than six months, the employer will abide by the provisions in article (Posting and Filling of Vacancies).

 

b) Where an employee is assigned temporarily to perform the duties of a position in a classification with a higher salary, he or she shall be paid acting pay from that day in accordance with the next higher rate in the higher classification, providing he or she has performed the duties for the full day.

c) Full time and part time employees filling temporary vacancies will retain their existing employment status.

 

34.05 The Employer agrees that it will give internal bargaining unit applicants primary consideration before considering external candidates.

34.06 Filling Posted Vacancies

In filling posted vacancies the selection shall be made based on skill, ability, experience, and relevant qualifications of the applicants. Where these factors are relatively equal, bargaining unit seniority shall be the governing factor.

34.07 Where the duties of a position are modified to accommodate an employee with a disability, the position shall not be considered a vacancy for the purposes of this article.

　

　

An employee who is promoted to a higher classification within the bargaining unit will be placed in the range of the higher classification so that he shall receive no less an increase in wage rate than the equivalent of one step in the wage rate of his previous classification (provided that he does not exceed the wage rate of the classification to which he has been promoted). An employee will receive a new anniversary date.

 

34.10 Non-Bargaining Unit Assignment

An employee who is transferred to a position outside the bargaining unit for a period of greater than four (4) weeks and less than twelve (12) months or such longer period as the parties may agree upon shall retain but not accumulate seniority held at the time of transfer. In the event that the employee is returned to a position in the bargaining unit within this time period he shall be credited with the seniority held at the time of transfer and shall resume accumulation from the date of his return to the bargaining unit. Union dues will not be deducted for the period of time that an employee is outside the bargaining unit under this article.

34.11 An applicant who is invited to attend an interview during their regular scheduled hours shall be granted time off with no loss of pay and with no loss of credits to attend the interview, provided that the time off does not unduly interfere with operating requirements.

34.12 The Centre will forward to the Union President copies of all bargaining unit job postings and a list of the successful bargaining unit candidates on a monthly basis.

34.13 Where an employee is assigned to a vacancy in accordance with Article 18.13 (re-assignment of pregnant employee), the provisions of Article (Posting and Filling of Vacancies) shall have no application as long as this employee fills this position.

 

　

　

From time to time the job duties or scope of a bargaining unit position(s) may change in such a way as to represent a developmental opportunity, a specialization, or a broadening of duties for a limited number of employees within a department (or appropriate work unit), without increasing the complement of employees in the department.

 

When this occurs, the Centre shall post this opportunity in the form of an information notice in the relevant department(s) for a period of at least seven (7) calendar days. A copy of the posted notice will be sent to the Local President or designate within the aforementioned seven (7) calendar days. Employees wishing consideration for these opportunities must express their interest, in writing, within the seven (7) day period referenced herein.

 

The Centre shall consider employees for these opportunities on the basis of skill, ability, relevant qualifications and seniority. Notwithstanding the above, the final decision for selection will be at the discretion of the Centre and will not be done in an arbitrary, bad faith or discriminatory manner. If requested, the Centre will discuss with the unsuccessful applicant(s) the reasons why they were not chosen for the opportunity.

 

　

Flexible hours will be implemented only after mutual agreement is secured between the employee who wishes flexible hours of work and the Employer and provided that the flexible hours do not violate any portion of this collective agreement. The terms of the flex time arrangements shall be in writing and can be discontinued by either party with reasonable notice.

 

Existing flex time arrangements shall remain as presently constituted.

 

Either party may, on written notice of 4 (four) weeks to the other party, terminate this Agreement not withstanding the above-specified term.

 

If conflict arises between two or more employees in the same classification making the same flex time request, seniority shall be the deciding factor.

 

　

　

In the event of an indication by the Full time staff that they are interested in establishing a compressed work week, the Centre and Union will meet, prior to the vote, to determine the condition of such an arrangement.

 

Through a vote, fifty percent plus one (50% + 1) of the returned ballots from Full time staff in a distinct area must indicate by secret ballot their willingness to participate prior to a test period. The Union will be advised of the need for such a vote.

 

The test period will be for six (6) months after which the Full time staff will again indicate by fifty per cent plus one (50% + 1) by secret ballot, their desire to continue or discontinue a compressed work week.

 

　

　

　

　

　

　

　

MODEL AGREEMENT WITH RESPECT TO EXTENDED

TOUR/ COMPRESSED WORK WEEK ARRANGEMENTS

IS SET OUT BELOW:

 

　

　

39.04 The Centre will supply tools and equipment for all facilities staff.

ARTICLE 40

PART-TIME EMPLOYEES

 

40.01 All Articles of this Collective Agreement apply to part-time employees save and except:

 

Article 19 – Statutory Holidays

Article 25 – Sick leave/LTD

Article 27 – Vacation

Article 28 – Self Funded Leave

Article 29 – Benefits (except EAP)

Letter of Understanding #2 – Job Share

Letter of Understanding #3 – Regular Part Time

Letter of Understanding #4 – Military Service

 

40.02 In addition, part-time employees receive an hourly wage as set-out in this agreement and, in lieu of all fringe benefits (being those benefits to an employee paid in-whole or in-part by the Centre, as part of direct compensation or otherwise, including holiday pay, save and except salary, vacation pay, standby pay, call back pay, responsibility pay, jury and witness duty, bereavement, maternity and parental supplemental unemployment benefits) an amount equal to 14% (fourteen percent) of his regular straight time hourly rate for all straight time hours paid. For part-time employees who are members of the Centre’s pension plan the percentage in lieu of fringe benefits is 12% (twelve percent).

 

40.03 Part-time employees will be eligible for 4% (four percent) vacation pay.

 

40.04 Part-time employees will be paid 1 ½ time for working a statutory holiday.

 

　

All injured workers shall be treated in accordance with the Workplace Safety and Insurance Act, The Ontario Human Rights Code, the Collective Agreement and other applicable legislation.

 

The Employer, in consultation with the employee (and the Union where requested by the employee) will provide fair and equitable practices to accommodate employees who are ill, injured or permanently disabled.

To facilitate these programs, it is understood and agreed that provisions of the Collective Agreement may, where agreed, be varied.

　

re: Attendance management

Between

OPSEU 331 and the Centre

 

The Employer commits to the development of an attendance management system and will meet with the Union to receive input and discuss implementation within three months of ratification of the agreement.

　

　

　

　

Between

OPSEU 331 and the Centre

Job sharing is defined as a permanent position whereby two full time employees in the same classification, share the hours of work of one full-time position on a 50/50 basis. The shared position shall continue to be identified as a full time position.

 

Job sharing can occur where there is agreement between the employees who wish to job share, the Union, and the Employer. The Employer or employees may discontinue the job sharing arrangement with ninety (90) days notice. Upon receipt of such notice a meeting will be held between the parties to discuss the discontinuance.

 

The employees in a job sharing arrangement shall be accorded the working conditions and employee benefits contained within this Collective Agreement on a pro-rated basis in accordance with the employee’s hour of work. Any vacancies resulting from a job sharing occurrence will be posted and filled on a permanent basis as per Article 34(Posting and Filling of Vacancies Within The Centre).

 

If one partner for any reason decides to leave the job sharing arrangement, the remaining partner will be given the opportunity to assume the position on a full-time basis. If the remaining partner does not wish this opportunity the position shall be posted and advertised as a job sharing vacancy. Failing successful filling of the job sharing position the remaining partner has a final opportunity to assume the position on a full-time basis. If the remaining partner still does not wish this opportunity, the position shall be posted as a full-time position and the incumbent will be subject to the Layoff and Recall Provisions of this agreement.

 

Employees presently covered by a job sharing arrangement shall be subject to its terms and conditions until such job sharing arrangement is discontinued.

　

　

Re: Military Service Leave

Between

OPSEU and the Centre

 

The parties agree that any employee prior to ratification of this agreement that was granted leave of absence with pay for not more than one week for military service leave shall continue to be granted such leave. Further leave of not more than one week without pay in a fiscal year may be granted to an employee for the purpose of Canadian Forces Reserve Training.

 

　

　

　

Subject to the terms and conditions of OPSEU Pension Trust and Canada Revenue Agency, the parties agree to investigate the feasibility of providing a pension bridging opportunity for eligible bargaining unit members, provided the result incurs no cost for the employer.

 

　

　

　

　

The Employer will develop an employee appraisal system and will discuss the system with the Union 30 days prior to implementation.

 

　

　

　

Any employee who is in receipt of Long Term Income protection at the time of the changeover date, and has been so for less than two years will remain an employee of the Crown; however, if prior to the expiry of the two (2) year period such an employee is deemed fit to work by the appropriate medical authority(s), the Centre will make an offer of employment at that time.

 

Any employee who is off work and who has been in receipt of WSIB benefits for more than 2.5 years at the change-over date will remain an employee of the Crown. Any employee who is off work and has been in receipt of WSIB compensation benefits for less than 2.5 years at the change-over date will also remain an employee of the Crown; however, if prior to the 2.5 years period, such an employee is deemed fit to return to full-time or modified work by the appropriate medical authority(s), the Centre will make an offer of employment to the employee at that time.