OPSEU LOCAL 331: REPRESENTING THE INTEREST'S OF OVER 900 MEMBERS
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OPSEU LOCAL 331: REPRESENTING THE INTEREST'S OF OVER 900 MEMBERS |
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January
02, 2018 For member information
3.05 Temporary employee •
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, or
such longer time as the parties may agree upon. Such request shall not
unreasonably be denied. 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. •
•
The termination of a temporary employee shall not be the subject of a grievance
or arbitration. 9.03 Complaint Stage A
complaint shall be communicated with the supervisor/manager to whom the grievance pertains within 10 days after the
circumstances giving rise to the complaint or the employee reasonably become
aware of the circumstance leading to the complaint.
If the complaint is not settled, it shall be taken up as a grievance
within ten (10) days of the communication of the complaint in the manner and
sequence described in the grievance steps. Clarity
Note: Any complaint heard by a manager is considered to be the manager to whom
the grievance pertains unless otherwise directed. 9.04 Grievance Steps
Clarity
Note: Any complaint heard by a manager is considered to be the manager to whom
the grievance pertains unless otherwise directed. 15.03
18.01 Add
to existing language It is a mutual interest of the parties to promote health and safety in
workplaces and to prevent and reduce the occurrence of workplace injuries and
occupational diseases. The parties agree that health and safety is of the utmost
importance and agree to promote health and safety and wellness throughout the
organization. The employer shall provide orientation and training in health and
safety to new and current employees and employees shall attend required health
and safety training sessions. ARTICLE
18.12 – Violence in the Workplace To be amended to read as follows: Workplace
violence shall be defined as any incident in which an employee is abused,
threatened or assaulted during the course of their employment.
The In
consultation with the Union, based on the recommendations of the site specific
JHSC, the Centre will: a)
conduct
annual risk assessments or more often
as necessary with a full-time union
member chosen by the union from that unit or program, where applicable. Results
are shared with the Joint Health and Safety Committee and posted in the unit or
department; b)
maintain c)
maintain d)
maintain e)
provide
information and training to employees on the recognition of potentially violent
situations and diffusion of violent situations. Article
23
23.01
Employees
23.02
During the first week of pregnancy
leave, an employee •
In order to be eligible for the
top-up under this Article 23.03, .
In no event will the top-up exceed the difference between 93% of the
employee’s actual weekly rate of pay that she was receiving on the last day
worked prior to the start of the leave and the employee’s EI benefit
calculated without regard to any election by the employee to receive a lower EI
benefit spread over a longer period of time as may be permitted under the
Employment Insurance Act. •
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 •
Employees who choose to take Parental Leave must begin their leave as
soon as their maternity Pregnancy 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
Clarity Note re “Actual Weekly Rate
of Pay”: The Centre shall commit to follow Employment Insurance Standards to
calculate the average weekly rate of pay for the purposes of top up. Article
24 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 or
after any period of parental leave required to be granted under the Employment
Standards Act, 2000. 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 such other longer or shorter period of parental leave required to be granted
under the Employment Standards Act, 2000, 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 Up
to a maximum of
weekly rate of pay that she was receiving on the last day worked prior to
the start of the leave and the employee’s EI benefit calculated without regard
to any election by the employee to receive a lower EI benefit spread over a
longer period of time as may be permitted under the Employment Insurance Act. 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 vacation credits
for not more than 35 weeks or as
otherwise required under the Employment Standard Act.
Such payments shall include any progression on the wage grid and any
negotiated or amended wage rates.
24.04 Except for an employee to whom
Article 23 ( Clarity Note re “Actual Weekly Rate
of Pay”: The Centre shall commit to follow Employment Insurance Standards to
calculate the average weekly rate of pay for the purposes of top up. ARTICLE
25 – Sick Leave/Short Term Disability – Full-Time Employees Only Amend
article 25.01 Sick Hours Accumulation to add the following (c) and (d): (c) where an employee is on sick leave of absence
which commences in one (1) calendar year and continues into the following
calendar year, they are not entitled to refresh their annual sick leave bank,
until the employee has returned to work for a period of fifteen (15) consecutive
working days. For clarity, such an employee is not entitled to sick leave of
absence with pay for more than 130 working days in the 2 calendar years
combined, unless the employee has returned to work for a period of fifteen (15)
consecutive working days prior to being entitled to further sick leave. (d) Fifteen consecutive working days may be reduced at the discretion of
the Employer.
ARTICLE
27 – Vacation Article 27.01 to be amended as follows – effective
January 1, 2018
31.02 f) An employee whose status changes from part-time or
casual to full-time shall receive seniority and benefit credit for hours worked. g) In the event seniority between two or more employees is the same,
seniority shall be determined by order of assigned employee numbers, the lower
number being the more senior. The Employer shall issue employee numbers in order
of hiring on a go-forward basis upon the ratification of this agreement. New Article (new 32.09 , renumber remaining sections of Article 32 accordingly) Following both long term and short term displacement selections, the
Employer will provide a list to the union of the mapping of selections prior to
confirmation of the final results of mapping with the impacted employees 34.10 Add to existing language b) An Employee returning for assignment outside the bargaining unit must
remain in the bargaining unit for a period of at least 6 weeks before
transferring out of the bargaining unit again or he/she will lose seniority held
at the time of his/her subsequent transfer. New Article (new
34.10) Transfer to a Lower-Paying Classification An employee who successfully posts into a lower paying classification
within the bargaining units shall be placed at the closet step in the new salary
range, representative of their current rate, with no adjustment to her
anniversary date. NEW
ARTICLE 45– Workload The
Parties have a mutual interest in the provision of quality patient care.
Therefore, when an employee, or group of employees, who provide direct
clinical patient care covered by this agreement have cause to believe that they
are being asked to perform more work than is consistent with proper patient care
it is agreed by the parties that such concerns will first be
raised
with their immediate manager/designate. Where a resolution is not reached, such
workload problems may be discussed by the local Labour Management Committee. If
no consensus can be reached at Labour Management Committee the parties will meet
with the VP,Clinical Services within thirty (30) days of referral to present the
issues. The VP, Clinical Services
will notify the Union of the decision in writing within fourteen (14) days. Term: April 1, 2017 to March 31, 2020 CLASSIFICATION STEP TABLE:
WAGES ·
Year
One:1.4% general wage increase effective April 1, 2017 ·
Year
Two:1.4% general wage increase effective April 1, 2018 ·
Year
Three: 1% general wage increase effective April 1, 2019, 1% general wage
increase effective October 1, 2019. Psychologist
Effective the date of this Award, Steps 5 and 6
on the Psychologist wage grid shall each be adjusted upwards by $1.00 Reclassify Therapeutic Recreationists to Recreation Therapists Reclassify Rehabilitation Therapists to Behaviour Therapists Add to Appendix (wages): Health Informatics Specialist Rate of pay for Health Informatics Specialist shall be determined as per
the Minutes of Settlement signed 23rd of January 2017. Physician Assistant will be add to the Collective Agreement LOU Remove letter of understanding #1. The parties agreed to renew LOU
@2,3,4,5,6,8 and 10 New LOU The parties will engage a third party facilitator from the Ministry of
Labour to conduct three Ministry of Labour programs with the LMC: Effective
Labour Management Committee, Conflict Resolution and Relationship Building.
Committee members shall attend such training with no loss of pay or credits.
Cost charged by the Mistry of Labour for these programs shall be shared by both
parties. Note regarding retroactivity:
Only wages are subject to retroactivity in this Award. In that regard the
Centre shall pay retroactive wages in respect of the April 1, 2017 wage increase
on the basis of all paid hours from April 1, 2017. Any retroactive payments will
only be paid to the current employees, employees who retired, voluntarily
resigned or were terminated during the term of this agreement. Payment is to be
made within sixty (60) days of the date of this Award. For eligible employees
who have left the employ of the Hospital, a letter shall be sent to their last
known address. Where such an employee does not respond to such a letter within
sixty (60) days of the date of it being sent by the Hospital, such employee
shall have no claim to retroactivity.
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