Collective Agreement

Between:

Canadian Mental Health Association Waterloo Wellington Dufferin Branch

(the “Employer”)

And

Ontario Public Service Employees Union, Local 291

(the “Union”)

Expiry: March 31, 2017

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TABLE OF CONTENTSPage #

Article 1 Purpose of Agreement 3Article 2 Scope and Recognition 3Article 3 Management Rights 3Article 4 No Discrimination, Harassment 4Article 5 Violence and Harassment in the Workplace 4Article 6 No Strikes and Lockouts 5Article 7 Union Security and Dues Deduction 5Article 8 Union Representation and Committees

Union Stewards Union Bargaining Committee Labour Management Committee

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Article 9 Types of Employees 7Article 10 Hours of Work 8Article 11 Notice of Absence 9Article 12 Premium Pay 9Article 13 Seniority 10Article 14 Layoff and Recall 11Article 15 Technological Change 13Article 16 Job Posting 13Article 17 Grievance and Arbitration Procedure 14Article 18 Leaves of Absence

Bereavement Leave Personal Emergency and Sick Leave Jury Duty Education Leave Union Leaves Unpaid Leaves Personal Emergency Leave Family Medical Leave

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Article 19 Health and Safety 20Article 20 Bulletin Boards 21Article 21 Vacations 21Article 22 Public Holidays 23Article 23 Benefit Plans 23Article 24 Expenses 25Article 25 Wages 26Article 26 National Day of Mourning 26Article 27 Job Sharing 26Article 28 Discipline Record 26Article 29 Collective Agreement Copies 27Article 30 Duration 27Letters of Understanding:

Labour Management Committee 28Wage Harmonization 29

Schedule “A” Wages 31

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ARTICLE 1 – PURPOSE OF AGREEMENT

1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and the Union, to establish and maintain mutually satisfactory working conditions and compensation for all Employees covered by this agreement, and to provide a mechanism for the timely disposition of grievances.

ARTICLE 2 – SCOPE AND RECOGNITION

2.01 The Canadian Mental Health Association, Waterloo Wellington Dufferin Branch recognizes the Ontario Public Service Employees Union as the sole and exclusive bargaining agent of all employees employed by Canadian Mental Health Association Waterloo Wellington Dufferin Branch in the Regional Municipality of Waterloo and the Counties of Wellington and Dufferin save and except team leaders/supervisors, persons above the rank of team leader/ supervisor, persons employed in a confidential capacity in matters relating to labour relations, members of the medical profession entitled to practice in Ontario and employed in a professional capacity, Special Services at Home staff, Supporting Kids in Camp Counselors and Students employed during the school vacation period.

Further to the above, specific positions excluded include the Finance Coordinator, Finance Accountant III.

2.02 Employees not covered by the terms of this Agreement will not perform duties normally assigned to those who are covered by this Agreement, except in emergency situations and for instructional/training purposes and in client matters when employees require additional support.

2.03 The Employer will supply the OPSEU Staff Representative and the Local President or designate with a list of supervisory personnel. This list will be updated when changes occur.

2.04 The Employer shall not enter into any individual agreements with bargaining unit employees either verbal or written without the consent of the Union.

2.05 Volunteers and students play an important role in the agency and will be afforded meaningful opportunity for unpaid participation. Volunteers and students are intended to supplement and support, rather than supplant, employees of CMHAWWD.

It is recognized that the agency may use volunteers and students in assistive functions, in peer roles and within the provision of services. However, it is not the intent of this provision to have these individuals substitute for absent employees, fill any temporary vacancies, cause lay-offs, or fill any permanent vacancies or any newly created bargaining unit positions.

It is understood that the current practice regarding the use of volunteers and students, as of the date of execution of this Agreement, is consistent with the above.

ARTICLE 3 – MANAGEMENT RIGHTS

3.01 The Union recognizes and acknowledges that all management rights, including but not limited to the right to manage the operation and direct the work force, are vested exclusively in and shall remain solely with the Employer except as specifically limited by a provision of this Agreement. Without

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limiting the foregoing, the Union acknowledges that it is the exclusive function of the Employer subject to an express provision of this Agreement to:

a) maintain standards, order, discipline and efficiency;b) hire, rehire, classify, lay-off, recall, discipline, suspend and/or discharge any employee for

just cause provided that a claim by an employee who has been disciplined or discharged may be the subject of a grievance and/or arbitration and dealt with as provided in this Agreement;

c) make, enforce and alter from time-to-time rules, regulations, policies and procedures to be observed by the employees, in a manner that is not arbitrary, discriminatory or in bad faith;

d) plan, assign, schedule, supervise, direct and control all work performed;e) make such decisions as the Employer deems necessary to fulfill its mandate to serve the

needs of clients including, without limiting the generality of the foregoing, to determine and establish standards and procedures for and related to the care, welfare, rehabilitation, safety and comfort of clients.

ARTICLE 4 – NO DISCRIMINATION, HARASSMENT

4.01 The Employer, employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code and agree that there shall be no discrimination or harassment against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, family status, marital status and disability.

4.02 It is understood that nothing contained in 4.01 limits the right of an employee to grieve in accordance with the procedure as set forth in Article 17 Grievance Procedure.

4.03 The Union agrees that there will be no intimidation, interference, restraint or coercion exercised or practiced upon employees of the Employer by any of its members or representatives and there will be no solicitation for membership or other Union activity on the premises of the Employer during an employee’s working hours except as otherwise provided in this Agreement. The Employer agrees that there will be no discrimination against any employee by reason of membership or activity in the Union.

ARTICLE 5 – VIOLENCE AND HARRASSMENT IN THE WORKPLACE

5.01 Every employee within CMHAWWD has the right to work in an environment free of harassment and supportive of productivity, dignity, and respect.

5.02 Violence in the workplace shall be as defined by the Ontario Occupational Health and Safety Act, as amended.

5.03 All CMHAWWD staff have a responsibility to play a part in ensuring that the working environment is free from harassment. Any employee who believes that another employee has experienced or is experiencing harassment is encouraged to notify a manager.

5.04 All CMHAWWD staff are expected to model the positive behaviours set out in this Article; not to engage in any form of harassment; to actively create a climate of understanding and mutual respect. In addition, managers and supervisors are expected to be responsive to concerns and complaints to take appropriate steps to ensure a harassment-free workplace.

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5.05 The Employer shall provide training to all employees regarding violence in the workplace as required under the Occupational Health and Safety Act, as amended.

ARTICLE 6 – NO STRIKES OR LOCKOUTS

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

ARTICLE 7 – UNION SECURITY AND DUES DEDUCTION

7.01 The Employer will supply the Local President or designate with the names of any new employees. New employee(s) will attend a Union orientation, scheduled in conjunction with the Employer's orientation program, with the Union Steward or alternate of up to fifteen (15) minutes during regular working hours on site without loss of earnings for the purposes of acquainting the new employee with the benefits and duties of Union membership and the employee's responsibilities and obligations to the Employer and the Union as per the Collective Agreement. The employee will be given a copy of the Collective Agreement. Such meeting will be mutually scheduled between the Union Steward or alternate, the Employer and the new employee(s). The meeting may be conducted on an individual or collective basis.

7.02 The Employer will supply the Union bi-annually all bargaining unit employees' names, classifications and current addresses.

7.03 The Employer agrees to deduct on a monthly basis from the wages due to each employee covered by this Agreement from commencement of employment, a sum equal to the regular Union dues payable by the members of this Union. In addition, the Employer shall deduct Union dues from any retroactive wage payments. The Employer shall remit the total amount of such deductions to the Accounting Department of the Union at 100 Lesmill Road, North York Ontario, not later than the 15th day of the following month that the deductions were made. The remittance shall be accompanied by a list of the names, addresses and Social Insurance Numbers of the employees from whose wages the deductions have been made. The list shall clearly indicate changes to employment status (i.e. new hires, terminations and leaves of absence).

7.04 The Employer shall commence deduction of Union dues effective the date of ratification of this Collective Agreement.

7.05 The Union shall notify the Employer in writing of the amount of its regular dues. The amount specified shall continue to be deducted until changing by further written notice to the Employer.

7.06 The Employer will provide each person in the bargaining unit a T-4 slip for income tax purposes which includes the amount of the dues deducted in the previous year.

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

7.08 It will be the responsibility of employees to immediately provide written notification of any changes in their address and telephone contact number(s) to the Employer.

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ARTICLE 8 – UNION REPRESENTATION AND COMMITTEES

8.01 Union StewardsThe Employer agrees to recognize Union Stewards elected or appointed from among the employees in the bargaining unit for the purpose of representing employee(s) and to process grievances or complaints as outlined in the grievance procedure of this Agreement.

8.02 The Employer shall not be required to recognize stewards until such time as it has been notified in writing of their appointment by the Union.

8.03 The Union acknowledges that the stewards have regular duties to perform on behalf of the Employer. Such persons shall not leave their regular duties without receiving permission from their supervisor and shall advise their supervisor of the nature of his/her business, approximate duration and report back to such supervisor at the time of his/her return to work. Such permission shall not be unreasonably denied.

8.04a) Meetings involving grievances, complaints or performance issues shall be at times and places

agreed to between the Union and the Employer. b) Time spent during a steward’s normal hours of work on the activities listed in Article 8.01

above shall be paid at his/her regular rate. No pay will be received for any time spent outside a steward’s normal hours of work, unless mutually agreed.

8.05 When a meeting is identified to be disciplinary in nature, an employee is entitled to be represented by a Union steward.

8.06 Union Bargaining Committee a) The Union Bargaining Committee shall be comprised of up to five (5) bargaining unit employees

along with a full time staff member of the Union for the purposes of amending and renewing the present Agreement. The Union shall advise the Employer of the Union nominees to the committee.

b) The Employer shall also release negotiating team members from duty for preparation time. c) The union must give at least ten (10) working days’ notice in writing to the Employer. During

such leave of absence, an employee’s salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer the amount of the full cost of the employee’s wages and benefits.

d) Union Bargaining Committee members shall receive their regular rate of pay for all time spent bargaining. No overtime will be paid or time in lieu accrued for time spent in Committee meetings nor shall time spent in such meetings be used in calculating whether an employee is entitled to overtime pay or time in lieu.

e) The Employer will pay the cost of the Union Negotiating Committee members to attend up to ten (10) days of negotiations of this Collective Agreement.

f) The Employer will bill the Union monthly for 100% reimbursement by the Union for the wages and benefits paid to such members for any days in excess of the above.

8.07 Labour Management Committeea) Both parties agree to create a Labour Management Committee consisting of five (5) Union

representatives and five (5) management representatives.

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b) The purpose of the committee is to discuss and resolve issues, concerns and other matters that either the Union or the Employer may raise. Meetings will be held on a regular basis at a time that is mutually agreed upon. The committee shall not have the power to alter, amend or modify the specific terms of the Agreement.

c) It is understood that either party may be represented or assisted by an outside representative at any meeting of the Committee.

Union committee members shall receive their regular rate of pay for all time spent in meetings. No overtime will be paid or time in lieu accrued for time spent in Committee meetings nor shall time spent in such meetings be used in calculating whether an employee is entitled to overtime pay or time in lieu.

ARTICLE 9 - TYPES OF EMPLOYEES AND DEFINITIONS

9.01 For the purpose of this Agreement, the parties agree that “employees” relate to the following types of employees:a) “Full-time employees” shall refer to an employee regularly scheduled to work thirty-five (35)

hours per week.b) “Part-time employees” shall refer to an employee regularly scheduled to work less than thirty-

five (35) hours per week.

Note: In addition to the above, any employees in full time positions regularly scheduled for hours different from thirty-five hours per week will continue to be considered full time under this agreement.

c) Casual Employees:i) “Relief employee” shall refer to an employee hired on an as needed basis to provide

coverage when regular full or part time employees are not working their regularly scheduled shifts, or when additional work is available. Relief staff shall only work relief within the classification for which they were hired unless mutually agreed.

ii) “On-call employee” shall refer to an employee who consents to being on the on-call roster and is assigned on the schedule to cover, as necessary, evening, night and weekend/holiday hours. On-call employees are responsible to advise of their availability.

A “contract employee” is an employee who is hired on a fixed term basis, not to exceed twelve (12) months, unless mutually agreed between the Employer and the Union.

Contract employees in the bargaining unit shall be covered by the terms and conditions of this agreement save and except all time-off credits; health and welfare benefits; and pension plan, all of which will be granted according to the Employment Standards Act, 2000. Such employee shall have no right to grieve discharge upon the expiry of their contract. In the event that a contract employee becomes a regular bargaining unit employee, such employee will be credited with seniority for their time worked and placed on the pay grid accordingly.

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9.02 The Employer’s use of casual employees shall not result in a lay-off of regular full-time and part-time employees.

9.03 It is agreed that the word “employee” or “employees” wherever used in this Agreement, shall be deemed to refer only to an employee or employees in the bargaining unit as hereinbefore defined and where the feminine pronoun is used in this Agreement, it shall be deemed to include the masculine pronoun, and vice-versa, where the context so requires.

9.04 The parties agree that unless specifically referenced within the clause or Collective Agreement, all language contained within this Collective Agreement will pertain to all Bargaining Unit employees.

ARTICLE 10 - HOURS OF WORK

10.01 The provisions of this Article are intended to define the normal hours of work per week.

10.02 a) Hours of work – Full-time EmployeesThe regular work week shall consist of thirty-five (35) hours per week and the regular workday will consist of seven (7) hours a shift, unless mutually agreed.

Notwithstanding the above, extended shifts of longer than seven (7) hours may be scheduled based on service requirements, if mutually agreed.

b) Hours of work – Part-time EmployeesThe regular work week for Part-time employees shall consist of less than thirty-five hours per week and the regular workday will consist of up to seven (7) hours a shift, unless mutually agreed.

c) Hours of work – Casual EmployeesThe hours of work for a Casual employee shall be on an as needed basis as scheduled by the Employer.

Due to the nature of the Casual employee’s role, it is required that each casual employee will submit their availability to the Employer upon hire, and update as needed. Such availability shall be submitted at least four (4) weeks in advance of the posting of the schedule.

10.03 Employees shall be entitled to a one-hour unpaid meal break during each shift which exceeds five hours in duration.

10.04 Each employee working a shift which is seven (7) hours or longer is also permitted to take two paid 15 minute breaks throughout the day. Employees working less than seven (7) hours per shift shall be permitted to take one paid 15 minute break. Breaks are not to be combined and/or taken at the end of the work day. If not used, the time is forfeited and shall not be considered compensatory time.

10.05 All employees may flex their hours of work on occasion in order to address their personal needs provided such flexible working arrangements do not interfere with the operation of the Employer and are pre-approved by the employee’s direct supervisor. Flex time arrangements shall not be unreasonably denied.

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10.06 Compensatory TimeAuthorized hours worked by employees in excess of their normal work week (up to 44 hours per week) shall be considered compensatory time and shall be credited to the employee as lieu time to be taken at a mutually agreeable time between the employee and Employer. Such requests shall not be unreasonably denied.

10.07 Overtime All authorized time worked beyond forty-four (44) hours per week will be considered overtime and will be compensated on the basis of one and one-half (1½) hours of pay or paid time off at the employee’s option, to be taken at a time mutually agreed upon time. Such requests shall not be unreasonably denied.

10.08 All additional hours above an employee’s regular shift (Compensatory and Overtime) must be authorized by the immediate supervisor or designate before being worked, or where that is not possible, retroactively where the overtime was justified as a result of an emergency.

10.09 Employees who wish to work additional shifts within their classification will provide the Employer with their contact phone number for the purpose of being called in for additional shifts.

10.10 Employees may change shifts with each other provided the supervisor pre-approves such changes. Approval for such changes shall not be unreasonably denied.

10.11 When an employee requires coverage for planned time off they will first solicit coverage from other employees. If unable to obtain coverage the appropriate manager will assist in obtaining coverage in a fair and equitable manner.

ARTICLE 11 – NOTICE OF ABSENCE

11.01 Employees are required to attend work regularly. When unable to attend, the employee must contact her immediate supervisor or manager as far in advance as possible of her scheduled starting time. The supervisor must be contacted on each additional day of absence unless a doctor’s note is submitted at the time indicating length of illness, unless exceptional circumstances exist that would prevent an employee from contacting the Employer on a daily basis.

11.02 A doctor’s note may be requested by the Employer after absences of three (3) days. If such a note is requested, the Employer shall pay the full cost, if any, of the note.

ARTICLE 12 - PREMIUM PAY

12.01 Any work, as scheduled by the supervisor, that spans the hours of 5pm – 8am Monday through Thursday, and Friday at 5pm to Monday at 8am, shall be paid a premium payment of fifty cents ($0.50) per hour for each hour of the shift worked within that premium time frame.

12.02 On-call employees scheduled to provide on-call service shall be compensated at the rate of $6.25 per hour for all hours worked in a stand-by capacity. When called in to service, hours worked in an active capacity shall be compensated at the employee’s regular hourly rate.

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Once called into active service, an employee shall be compensated for a minimum of two hours of work. Additional service during that two hour active period shall not be further compensated.

ARTICLE 13 – SENIORITY

13.01 Calculation of SenioritySeniority for all Employees is defined as the length of continuous service in the bargaining unit and will be applied on a bargaining unit wide basis.

a) The hours of full-time and part-time employees will be determined on the basis of a Full-Time Equivalent (FTE) position which is comprised of 1750 hours of work per year.

b) Seniority of Casual employees (Relief and On-Call Employees) is defined as the number of hours actually worked in the bargaining unit and will not exceed that of a Full-Time Equivalent (FTE) position, which currently is comprised of 1750 hours of work per year.

In the case where more than one employee is hired on the same date, seniority for those employees will be determined by lottery.

13.02 Seniority ListSeniority lists will be posted on the OPSEU bulletin board and will be revised annually on or before the 15th of January of each year according to the records of the Employer. Employees will have thirty (30) calendar days from the date on the seniority list to notify the Employer in writing of any errors, changes and/or additions. The list shall set out the names of employees, the date of entry to the bargaining unit, their current classification and their accumulated seniority. The list shall be prepared in order of seniority. A copy of the list will be sent to the local Union office.

The Employer shall prepare and post one seniority list for all full-time and part-time Employees and will be revised annually as described above. The Employer will also prepare and post one seniority list for all casual employees and will be updated quarterly on or before the 15 th of January, April, July and October.

13.03 Accumulation of SeniorityAn employee shall accumulate seniority only under the following conditions:a) while working at active employment in the bargaining unit,b) during a paid leave of absence,c) during any absence due to medically certified illness/injury or pregnancy, parental leave and

union leave, ord) during an unpaid leave of absence for thirty (30) days or less.

An employee who does not qualify to accumulate seniority and does not meet the conditions in 13.03 shall maintain existing seniority unless and until that employee loses same pursuant to Article 13.04 of this Agreement.

Therefore, an employee returning from an extended unpaid leave of absence shall be credited with the amount of seniority s/he had when s/he left.

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13.04 Loss of Seniority & Termination of EmploymentThe seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons:

(a) he/she voluntarily resigns or retires from his/her employment; (b) he/she is discharged and is not reinstated; (c) he/she does not perform work for the Employer for a period of eighteen (18) months in the

case of layoff; (d) relief employee who declines available work in a two (2) month period; (e) he/she is absent from work without authorization for more than three (3) consecutive days

unless an explanation satisfactory is given by the employee during that time unless unable to do so;

(f) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Employer unless an explanation satisfactory is given by the employee;

(g) if an employee who is recalled to work fails to return within seven (7) days of the mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Employer has in its files;

(h) if an employee utilizes a leave of absence for purposes other than those for which it was granted;

(i) if after a workplace injury, he/she fails to return to work immediately upon receiving written medical clearance by his/her doctor.

(j) is a Contract employee that has a break in service.

13.05 Probationary PeriodNew employees within the bargaining unit shall serve a probationary period of nine hundred and ten (910) worked hours. A probationary employee will have no seniority rights during their probationary period. After successful completion of their probation the seniority shall date back to the starting date of their current employment. Upon successful completion of the Employees’ probationary period, the Employer shall notify the local union of same. If a new employees’ performance is unsatisfactory or the employee is unsuitable in the opinion of the Employer, such employee may be terminated at any time during the probationary period, provided that such termination is not arbitrary, discriminatory or in bad faith.

An existing employee who is hired into another position, without interruption of employment, will not serve a probationary period as long as the employee has completed nine hundred and ten (910) hours of continuous employment.

ARTICLE 14 - LAYOFFS AND RECALLS

14.01 A layoff is defined as the elimination of one or more bargaining unit positions which are occupied by employees at the time of elimination.

In the event that there is a need to reduce the regular hours of a position, the Employer shall first solicit voluntary reduction from all employees within the same classification of the proposed reduction. If hours cannot be reduced voluntarily, the Employer will commence the layoff process.

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14.02 Notification Where a position(s) is to be eliminated, the employee(s) affected, where possible, shall be notified in writing in advance of the anticipated layoff. Such notification shall be at least thirty (30) calendar days or as per Employment Standards Act, as amended whichever is longer. The Employer shall meet with the Union to discuss ways and means of diminishing the impact on the employee(s).

Such meeting will review the following:- the reasons causing the layoff;- alternatives to layoff;- the method of implementation; and- ways the Employer can assist employees to find alternative employment.

14.03 Order of Layoffs In the event of a layoff, the Employer will first solicit voluntary layoffs from all employees within the same classification of the proposed layoff. After voluntary layoffs, Employees with the least seniority will be laid off in the following order:i) Probationary Employeeii) Contract Employee iii) Casual employees with the least seniority as per the Casual Seniority list in article 13.01 (b) iv) Regular Employees (Part-time and Full-time) with the least seniority as per the Full and Part time

Seniority list in article 13.01 (a).

14.04 Displacement A regular employee laid off pursuant to Article 14.02 shall have the option of accepting the layoff or shall have the right to displace an employee in the bargaining unit with the least seniority who is in the same or lower classification as the laid off employee. The laid off employee must have the qualifications, ability, experience and skills to perform the work of that position, and require no training other than orientation.

Any person displaced through this procedure shall themselves be entitled to utilize the procedure.

Note: The Parties are aware of the potential challenges of the displacement process given the geographic distribution of the Employer’s office locations. Notwithstanding the first paragraph of this article, where the office location of the least senior employee poses a difficulty for the employee displaced, consideration will be provided to the displacement of the least senior employee within the employee’s home base region (i.e. Region of Waterloo, Rural Wellington/Dufferin and the City of Guelph). This consideration is given providing the balance of Article 14.04 is also met.

14.05 Re-call Where a position or positions become available in the laid off employee’s classification, employees who retain seniority shall be recalled, based on seniority, provided that the employee has the qualifications, ability, experience and skills to perform the available work.

No new or current employee shall be hired into a vacant position until those who have been laid off or displaced have been given the opportunity of recall, provided the laid off employee has the qualifications, ability, experience and skill to perform the work available. Such employee shall be given the first opportunity to return to their former position.

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14.06 Laid off employees who wish to be notified of job vacancies, other than those to which they have recall rights, may signify their desire in writing prior to layoff and shall be entitled to apply for such jobs. A copy of the employee’s request shall be forwarded to the union steward.

14.07 Notice of recall shall be sent by registered mail to the last known address of the employee, who shall respond to the recall notice within seven (7) calendar days.

14.08 Grievances concerning layoffs and recalls shall be initiated at Step 2 of the grievance procedure.

14.09 The Employer agrees to notify the Union in advance of any significant operational change the Employer has decided to make which will affect employees within the bargaining unit. The Employer also agrees to discuss these significant operational changes with the Union and to consider practical ways and means of minimizing the effect, if any, upon the employees concerned.

14.10 Severance PayAn employee who has been given a notice of layoff and has subsequently been permanently laid off, or otherwise terminated through the layoff process, shall be entitled to severance pay in an amount equal to the employee’s regular wages in a non-overtime work week multiplied by two (2), then multiplied by the number of the employee’s years of service and portions thereof, to a maximum of 26 weeks.

ARTICLE 15 - TECHNOLOGICAL CHANGE

15.01 The Employer undertakes to notify the Union in advance of any technological changes that the employer has decided to introduce which will significantly change the status or working conditions of the employees within the bargaining unit.

15.02 In the event of the introduction of any new computer equipment or software program, which require

an employee to upgrade their skills, the employee shall be given a reasonable period of time to acquire the skills necessitated by the introduction of the equipment/programming. The Employer will assume the cost of in-service training, or tuition and mileage, and there shall be no reduction in normal earnings during the training period for any such employee. Training shall be given during the hours of work whenever possible.

ARTICLE 16 – JOB POSTING

16.01 Posting of Positions/Vacanciesa) When a new or vacant position exists, the Employer will post a notice of such vacancy for a

period of seven (7) days. In addition, notification will be emailed to staff, including a link to the posting. External applications will be released to the hiring committee chair for review after the internal process has been completed, provided there were no suitable internal candidates.

b) The job posting shall contain the following information:i. the job title and brief description of the job,

ii. the skills, ability, experience and qualifications required,iii. the hours of work, base office location (or locations in the case of a split position), rate

of pay,iv. the deadline date for application and the location or person to whom applications shall

be made.

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(c) This article will not apply where the Employer does not expect the vacancy to exceed six (6) months.

16.02 Method of Filling Positions/Vacancies a) Full-time and part-time employees in the bargaining unit shall receive first consideration, before

anyone else inside or outside the bargaining unit is considered for all positions/vacancies.

b) If the job is not filled as a result of Article 16.02 (a), the Employer reserves the right to hire first from casual employees and contract employees and then external applicants. No applicants from outside the bargaining unit will be considered unless the posting and selection process is completed internally first, and no bargaining unit applicant was selected.

c) When filling any posted vacancy under this Article, the Employer will consider the skills, ability, experience and qualifications of the individual to perform the normal required work and where these are relatively equal, seniority shall govern. Immediately following selection, the successful candidate(s) shall be informed in writing of her appointment to the new position and provided a written job description.

16.03 All offers of employment shall be stipulated in writing. Upon employment each employee shall be provided with a written offer and job description, including the position title, reporting relation, starting rate of pay, position duties and responsibilities and the base office related to the position.

16.04 Any employee who has successfully bid under this Article will not be considered for another posted job before six (6) months from the date of a successful bid. The Employer may waive this restriction if movement would not be detrimental to the program or service.

16.05 Whenever the employer determines that a vacancy shall not be filled, the employer will inform the Local President or designate of its decision within five (5) working days of the decision.

16.06 Contract Positions a) Contract positions shall be expected to exist for twelve (12) months or less, except where such

vacancies are a result of employees being off on sick leave, LTD, as a result of an injury under the Workplace Safety and Insurance Act, or where mutually agreed by the Employer and the Union.

b) Contract positions expected to exceed six (6) months shall be posted and filled according as per this article. If it is determined that a contract position is to become permanent or extend beyond twelve (12) months it too shall be posted and filled as per this article.

ARTICLE 17 - GRIEVANCE AND ARBITRATION PROCEDURE

17.01 For the purposes of this agreement, a grievance is defined as a dispute between the employer and one or more bargaining unit employees concerning the interpretation and application of the terms of the collective agreement, an allegation by either of the parties that the agreement has been misinterpreted or violated, and including any question as to whether a matter is arbitrable.

Employees may request the assistance of a Steward or OPSEU representative at all stages of the grievance procedure.

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For the purposes of this article, ‘days’ shall mean business days, Monday to Friday, excluding public holidays.

17.02 Informal ProcessIt is the mutual desire of the parties hereto that complaints of Employees shall be dealt with as quickly as possible. It is understood that an employee has no grievance until he/she has first brought the complaint to the attention of his/her supervisor, or designate, orally or in writing and has given him/her an opportunity to resolve it within seven (7) days.

Failing a resolution, the Employee must file his/her grievance under Step 1 within seven (7) days of the supervisor’s or designate’s response to the initial complaint after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee.

17.03 Step 1The employee, who may request the assistance of his/her steward, may present a written grievance to his/her manager or designate. The grievance shall be signed by the employee and shall include the nature of the grievance, the date the grievance occurred, the remedy sought and the provisions of the Collective Agreement which are alleged to have been violated. The manager or designate shall deliver his/her decision in writing within seven (7) days following the presentation of the grievance to him/her.

17.04 Step 2Failing settlement, within seven (7) days after the date the decision in Step 1 is given or due, the employee, with the assistance of the steward, may submit the grievance in writing to the director or his/her designate who shall convene a meeting within ten (10) days following the presentation of the grievance to him/her. The decision of the director or his/her designate shall be delivered in writing within seven (7) days following the date of such meeting to the Employee and his/her steward.

If the decision rendered by the director or his/her designate in Step 2 is not satisfactory, the Union may refer the dispute to arbitration in accordance with the Arbitration provisions of this Agreement.

17.05 Time LimitsTime limits in the grievance procedure are mandatory. Any discussions or meetings will be scheduled at mutually agreeable times. The grievance shall be deemed to be referred to the next step if the Employer fails to process the grievance within the specified or agreed time limits. The grievance shall be deemed to be abandoned if the employee or union fails to comply with the specified or agreed time limits. The time limits fixed in the grievance procedure may be extended only by written mutual consent of the parties, which shall not be unreasonably denied.

17.06 Group GrievanceWhere two (2) or more employees, who are entitled to grieve, are directly affected by one specific complaint or grievance, a group grievance may be originated under Step 1, signed by each such employee within ten (10) days after the events giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee.

17.07 Policy GrievanceWhere a grievance arises directly between the Union and Employer regarding the general application or interpretation of the Collective Agreement, such a grievance may be submitted directly to Step 2 of

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the grievance procedure, within ten (10) days following the occurrence of the event causing said grievance. However, it is understood that the provisions of this section may not be used with respect to a complaint or grievance directly affecting an employee or employees and that the regular grievance procedure shall not be by-passed.

Such policy grievance, if submitted by OPSEU, shall be to the Human Resources Representative and if by CMHA WWD, shall be submitted to the President of OPSEU Local 291 or designate.

17.08 Discharge and Discipline Grievance An employee who is discharged or suspended may file a grievance at Step 2 of the grievance procedure within seven (7) days of such discharge or suspension.

An employee who has not completed their probationary period shall not grieve discipline or discharge that is not arbitrary, discriminatory or in bad faith.

17.09 MediationThe parties may mutually agree to refer a grievance to a mediator, agreed to and jointly paid by the parties. The mediation shall be conducted on a without prejudice basis and shall not otherwise affect any timelines or provisions of the grievance/arbitration process. In the event that the matter is not settled by mediation, then the matter may then be resolved at arbitration.

17.10 Arbitration No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure.

Any grievance alleging violation of this Agreement and including any question as to whether a matter is arbitrable, which has been processed but not settled through the above grievance procedure, may be submitted to arbitration in accordance with this Article.

If no written request for arbitration is received within ten (10) days after the decision under Step 2 is given or was due, the grievance shall be deemed to have been abandoned.

17.11 The party submitting the grievance to arbitration shall concurrently advise the other party in writing of three (3) choices for Sole Arbitrator. The recipient of the notice will reply in writing either agreeing to one of the proposed choices for Sole Arbitrator or submitting three alternative choices for persons to serve as Sole Arbitrator. If the parties are unable to agree within a further thirty (30) days, the Arbitrator shall be appointed by the Minister of Labour for Ontario at the request of either party.

No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, without the consent of the parties.

17.12 By mutual agreement the parties may alternatively elect to have a tripartite Board of Arbitration constituted to hear the matter. In such event, each party shall advise the other of its nominee to the Board, and the nominees so appointed shall select a Chairperson.

17.13 Each party to this Agreement will pay the expenses of that party’s nominee. The parties will share equally the fee and expenses of the Sole Arbitrator, or the Chairperson of the Board of Arbitration as the case may be.

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17.14 The Sole Arbitrator or Board of Arbitration shall not have any power to modify, amend, or add to any of the provisions of this Agreement, to substitute any new provisions for any existing provisions, to give any decision inconsistent with the terms and provisions of this Agreement.

17.15 The decision of the Sole Arbitrator, or the majority of the Board of Arbitration or, where there is no majority, the decision of the Chairperson, shall be final and binding upon the parties hereto and the employee or employees concerned.

ARTICLE 18 – LEAVES OF ABSENCE

18.01 Bereavement Leave a) Leaves of absence with pay will be granted to employees in the following circumstances:

i. Up to five (5) consecutive days for the death of a spouse, partner, parent, step parent, child, step child, sibling or step-sibling for attending the funeral and conducting related business.

ii. Up to three (3) consecutive days for the death of a grandparent, grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, father-in-law for attending the funeral and conducting related business.

iii. Exceptional requests for significant relationships with persons not specifically covered above may be granted bereavement leave at the discretion of the supervisor.

b) Spouse, partner, for purposes of bereavement leave will be defined as in the Family Law Act and will also include a partner of the same sex.

c) The immediate supervisor has discretion to grant up to one (1) day of compassionate leave, with pay, in the event of a person’s death.

d) Any further additional leave may be requested with the understanding it would be without pay. Permission for such leave shall not be unreasonably denied. In such cases, the use of accrued vacation or compensatory time may be used.

e) Bereavement leave will be based on scheduled working days, over a period of consecutive days as stipulated within the above limits thereby ensuring there will be no monetary loss during scheduled working days during such leave.

18.02 Personal Emergency and Sick Leave a) Paid sick leave benefits will be provided to all regular full time and part time employees for

periods of temporary absence due to illness or injuries, and paid personal emergency days will be provided to all regular full time and part time employees for temporary absence due to personal issues of an emergent nature.

b) Regular full and part time employees will be provided with three (3) personal emergency days and twelve (12) sick leave days per calendar year (pro-rated for regular part time).

c) For the first year of service staff may take the authorized days on a pro-rated basis, only after completion of their probationary period. For future years, regular full and part time employees

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shall be provided with their full allotment (pro-rated for part time) at the beginning of each calendar year to utilize as personal emergency and sick leave.

d) It is understood that if an employee is terminated, retires or resigns during the course of the year such employee will not be required to repay any used personal emergency and sick leave to the Employer. It is further understood that any unused time shall not be paid out if an employee is terminated, retires, or resigns during the course of the year. Unused personal emergency and sick leave shall not be carried forward to the following calendar year.

18.03 Pregnancy, Parental and Adoption Leave a) Employees shall be entitled to Pregnancy/Parental/Adoption Leave of Absence in accordance with the

provisions of the Employment Standards Act, 2000 and the Employment Insurance Act.

b) In the event the employee wishes to return earlier than expected she/he shall have the right to do so provided she/he notifies the Employer not less than four (4) weeks in advance.

c) All benefits will be maintained in accordance with the provisions of the Employment Standards Act, 2000 provided the employee continues to contribute the employee's share of the premium.

d) Any employee who wishes to request an optional unpaid leave to commence at the end of their full entitlement of Pregnancy, Parental and Adoption Leave may do so under Article 18.07, Unpaid Leave of Absence.

e) Upon completion of said Pregnancy, Parental and Adoption Leave an employee shall be returned to the position held immediately prior to the commencement of the leave or comparable job if the employee’s job no longer exists, in accordance with the Employment Standards Act of Ontario, 2000 as amended.

18.04 Jury Dutya) If an employee is required to serve as a juror in any court of law, or is required to provide

testimony as a witness for the Crown in a court proceeding, the Employer will pay the employee’s regular earnings for such required duties to a maximum period of ten (10) days.

b) If an employee is required by subpoena to provide testimony in a court of law or Coroner’s

inquest in connection with a case arising from the employee’s duties the Employer will pay the employee’s regular earnings.

In order to receive pay under this article, the employee is required to:i. notify the Employer immediately on an employee’s notification that they will be

required to attend court;ii. present proof of service requiring the employee’s attendance as a jury member or to

testify for the entire period absent;iii. deposit with the Employer the full amount of compensation received excluding

mileage, travelling and meal allowances, and an official receipt where available.

c) Where the Employer requires an employee to attend any meetings in preparation for legal proceedings that involves the Employer, the Employer will make every reasonable effort to schedule such meetings at the Employer site during the employee’s regularly scheduled hours

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of work. If the employee is required to attend such meetings outside of her regularly scheduled hours, the employee shall be paid for all hours spent in such meetings at her regular straight time hourly rate of pay plus any applicable overtime/ hourly premium provisions.

18.05 Education Leave(a) Employees who have a least two (2) years seniority may be granted an Education Leave

without pay. The employee must provide the Employer with notice of intention to apply for Education Leave at least six (6) months in advance of the beginning of the Education Leave. Time off credits will not accrue or accumulate during an unpaid educational leave of absence exceeding thirty (30) days. Leaves exceeding 30 days may impact benefit entitlement and premium allocations. Such requests will not be unreasonably denied.

(b) The Employer agrees that it is to the mutual benefit of the Employer and the employee to improve the educational standards of the workforce. The Employer will endeavour to fiscally support within available resources ongoing staff development opportunities for all Full-time and Part-time employees to remain current in knowledge of service delivery models and ascribe to a “best practice” approach. Employees may also have the opportunity to attend external seminars/conferences as approved by CMHAWWD. The Employer will continue the employee’s salary and pay those travel and accommodation expenses approved by the Employer.

(c) Where the Employer requires an employee to attend at a conference, workshop or educational program, the employee shall be reimbursed for all authorized expenses associated with the conference, workshop or educational program. The employee shall receive her regular rate of pay at straight time for time spent in said programs during her normally scheduled days and hours of work up to a maximum of 7 hours.

18.06 Union Leavesa) The Employer agrees to grant leaves of absence, without pay, to not more than five (5)

employees at any one time, selected by the Union to attend Union business including conferences, conventions subject to the operational requirements of the Employer. Granting of such leave shall not be unreasonably denied. In requesting such leave-of-absence for an employee(s), the Union must give at least ten (10) working days’ notice in writing to the Employer. There shall be no loss of seniority or credits for the purposes of salary advancement or vacation entitlements or other benefits during such leave of absence. During such leave of absence, an employee’s salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer the amount of the full cost of the employee’s wages and benefits.

(b) Leave for Local President or DesignateOne employee, who is elected to the position of Local President or designate shall be granted three (3) days per month with pay to carry out Local Union business. The Union must give at least ten (10) working days’ notice in writing to the Employer. There shall be no loss of seniority or credits for the purposes of salary advancement or vacation entitlements or other benefits during such leave of absence. During such leave of absence, an employee’s salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer the amount of the full cost of the employee’s wages and benefits.

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(c) Leave for Executive Board Member: Full-Time PositionOne employee, who is elected or appointed to a full-time position with OPSEU may be granted leave of absence without pay. Requests for such leave will not be unreasonably denied. There shall be no loss of seniority or credits for the purposes of salary advancement or vacation entitlements or other benefits during such leave of absence. During such leave of absence, an employee’s salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer the amount of the full cost of the employee’s wages and benefits.

18.07 Unpaid Leave of Absence Employees may be granted, subject to operational requirements, an unpaid leave of absence provided the Employer is given at least four (4) weeks’ notice of such request. Time off credits will not accrue or accumulate during an unpaid leave of absence exceeding thirty (30) days. Leaves exceeding 30 days may impact benefit entitlement and premium allocations. Such requests will not be unreasonably denied.

18.08 Personal Emergency LeaveThe Employer shall grant a personal emergency leave of absence without pay in accordance with the Employment Standards Act, 2000 as amended.

18.09 Family Medical LeaveFamily medical leave shall be granted in accordance with the Employment Standards Act of Ontario, 2000 as amended.

18.10 Employees on unpaid leaves of absence from the Employer may continue, to the extent permitted by the terms of the benefit insurance policy and pension plan requirements, to have benefit coverage for the duration of the leave. Request for benefits extension must be made prior to the commencement of the leave and the employee shall pay the total premiums involved.

ARTICLE 19 - HEALTH AND SAFETY COMMITTEE

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

19.02 Pending Ministry of Labour approval, three (3) multi-workplace joint health and safety committee structures will be established. These shall include one City of Guelph, one Waterloo Region and one Rural committee.

19.03 The Committees shall include a minimum of three (3) worker representatives, as determined by the Union, for each committee and up to three (3) management representatives per committee. Worker representatives will not suffer a loss of regular wages for duties performed as outlined in the Occupational Health and Safety Act.

19.04 The Employer will pay the cost of certification training for two (2) Worker representatives per

committee.

19.05 All illnesses and injuries must be reported immediately as required by the Workplace Safety and Insurance Act and the procedures as set out under agency Health and Safety policies.

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19.06 The Employer will provide required safety equipment in accordance with the Occupational Health and Safety Act as amended from time to time. The Employer will provide and maintain two (2) Safety Kits per site which provides community based outreach services. The kits will include the following: Latex Gloves (2 Pair), Kevlar (or similar protective gloves) Gloves (1 Pair), Face Mask (2), Shoe Coverings (2 Pair), Disposable Coveralls (2 Pair), Safety Glasses (2 Pair), Basic First Aid Kit (1), Flashlight (1), Bump Cap (1). The Employer will also provide each Employee, who is required to use their vehicle for work related purposes, with an appropriate Roadside Assistance Kit.

19.07 In accordance with the Occupational Health and Safety Act, workers have the right to refuse unsafe work.

19.08 As per the Workplace Safety and Insurance Act, an employee who is injured during work hours and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at their regular rate of pay, without deductions from sick leave.

19.09 As per the Workplace Safety and Insurance Act, transportation to the nearest physician or hospital for employees requiring immediate emergent medical care as a result of a workplace accident shall be at the expense of the Employer.

19.10 Inclement Weathera) Authority to close an office due to inclement weather or for any other reason (including road

closure) shall rest with the Executive Director or his/her designate only. Where such a closure occurs, staff, who have reported for work may return home with pay if they wish, and those contacted by management and advised not to report to work will be paid as if they worked their normal work day. Staff who can work from home are expected to do so. Other staff are expected to manage their work responsibilities to the extent that they are able.

b) If an employee chooses not to attempt to travel due to inclement weather and the office has not been declared closed, the day will be unpaid, or staff may elect to use accumulated vacation or comp time, or work from home if permitted.

ARTICLE 20 – BULLETIN BOARDS

20.01 The Employer will provide the Union a physical bulletin board in each CMHAWWD office location (to include Shelldale and Langs) and shall also make available a place on the agency’s intranet, in an area designated by the Employer, for the purpose of providing notices regarding meetings and other matters of Union Business to bargaining unit members.

ARTICLE 21 – VACATIONS

21.01 The vacation year is January 1 to December 31 of each year. Employee vacation banks will be populated at the beginning of the year with the employee’s full projected annual entitlement.

21.02 Regular Full-time and Part-time employees working for the Employer in the twelve (12) month period preceding December 31st shall be entitled to paid vacation time computed on the following basis according to the individual employee’ s length of continuous service.

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For current employees with vacation entitlements higher than this schedule provides, the implementation date of this vacation schedule is January 1, 2015. Effective at ratification, any new employees shall be entitled to vacation benefit as per this article.

Note: Employees currently awarded 6 weeks of vacation shall not be reduced to 5 weeks and shall be held at their current entitlement.

Contract and Casual employees will be paid 4% vacation pay on each pay, and thus will have no further vacation entitlement.

Employees on probation shall not be entitled to take vacation days until the successful completion of their probationary period.

21.03 Employees are entitled to carry over a maximum of one week of vacation (pro-rated for part-time employees), which must be taken by March 31.

Notwithstanding 21.03, employees may carry over, to March 31, 2015, a maximum of two weeks of vacation.

21.04 An employee who leaves the employ of the Employer for any reason shall only be entitled to the vacation amount earned and accrued during the period of their employ. If the employee has accrued but not taken any vacation, the employee will be paid the vacation allowance owing at the time of their termination. If the employee has used more vacation allowance than was due to the employee, the employee shall reimburse the Employer for that amount that was taken but not earned. The Employer reserves the right to deduct such amount from the employee’s final pay.

21.05 a) Where an employee’s scheduled vacation is interrupted due to serious illness which commenced prior to the scheduled vacation period, the period of such illness shall be considered sick leave.

b) Where an employee’s scheduled vacation is interrupted due to serious illness, which commenced during their scheduled vacation period and which resulted in hospitalization or confinement by Doctor’s order, during the scheduled vacation period, the period of such illness may be converted to use available sick leave credits. Such serious illness shall be documented by a doctor’s note.

c) Where an employee’s scheduled vacation is interrupted due to a death in the employee’s family (as set out in Article 18.01 – Bereavement Leave), the period of such bereavement leave shall be as set out in Article 18.01 – Bereavement and will not be counted against the employee’s vacation credits.

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Completed Service at Dec 31 Vacation TimeUp to 2 years of continuous service 3 work weeks2 years of continuous service or more 4 work weeks7 years of continuous service or more 5 work weeks13 years of continuous service or more 6 work weeksAt 20 years of continuous service, and each additional 5 years of service

1 additional day

Note: Work weeks for part time staff are pro-rated based on his/her normal weekly hours.

21.06 Vacation SchedulingFor the peak periods of June 30 through September 10, employees shall submit their vacation request in writing to their immediate supervisor by March 31 for that year. Vacation approvals will be provided no later than April 15. In the event of conflicting vacation requests which have been submitted by March 31, priority shall be established on the basis of seniority. Peak period vacation requests made after March 31, and all other vacation requests, will be considered on a first come first served basis, and will be responded to by the employer within 14 days of the request being made.

21.07 During the peak period, no more than two weeks of vacation can be scheduled consecutively for an employee unless operational requirements permit. Such requests shall not be unreasonably denied. Should there be conflict with vacation requests, preference will be provided to employees requesting full weeks of vacation as opposed to single days.

ARTICLE 22 – PUBLIC HOLIDAYS

22.01 For the purpose of this agreement, the following days are paid holidays for all employees:New Year’s Day Civic HolidayFamily Day Labour DayGood Friday Thanksgiving DayVictoria Day Christmas DayCanada Day Boxing Day

22.02 Holiday pay for the above noted holidays shall be paid pursuant to the calculation method outlined in the Employment Standards Act, 2000, as amended from time to time.

22.03 Any employee who works on a paid holiday that is set out in Article 22.01 shall be paid one and one-half times the regular hourly rate for all hours worked plus holiday pay, subject to the Employment Standards Act, 2000.

22.04 If any of the above holidays fall or are observed during an employee’s vacation or regular day off, the employee shall be entitled to an alternate day off with pay on a date mutually agreed.

22.05 Float Days All regular full-time and part-time employees will be given two (2) Float days per year, to be scheduled at a mutually agreeable time. Such approval shall not be unreasonably denied. If unused, such Float days shall not be carried forward. A Float day is equal to a seven (7) hour day. Float days for part-time staff shall be prorated based on their scheduled hours of work.

ARTICLE 23 – BENEFIT PLANS

23.01 The Employer agrees during the term of the Collective Agreement to contribute towards the premium coverage (where stated) of the participating eligible employees under the insurance plans set out below subject to their respective terms and conditions including benefit limits, and any enrollment requirements.

Unless otherwise specified, the benefits described are those currently in effect through the Desjardins Insurance – CMHA Waterloo, Wellington, Dufferin Branch, Policy #541411. Benefit eligibility, exclusions and benefit maximums are as prescribed in the master policy.

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23.02 Life Insurance The Employer agrees to contribute one hundred percent (100%) of the billed premiums towards coverage of eligible employees under the Group Life Insurance Plan. Such coverage is to be equal to twice the annual salary of the employee. Eligible employees are regular full time, and part time employees.

23.03 Short Term Disability The eligible employee will pay one hundred percent (100%) of the billed premium toward coverage under the Short Term Disability benefit plan, paying the billed premium through payroll deduction. Eligible employees are regular full time and part time employees who work average of twenty-one (21) hours or greater per week. Short term disability benefit is based on 60% of insured gross earnings for a maximum of fifteen (15) weeks following a two (2) week waiting period.

Long Term Disability The eligible employee will pay one hundred percent (100%) of the billed premium toward coverage under the Long Term Disability benefit plan, paying the billed premium through payroll deduction. Eligible employees are regular full time and part time employees who work an average of twenty-one (21) hours or greater per week. Long term disability benefit is based on 66.7% of insured gross monthly earnings following a 119 day waiting period.

23.04 Extended Health CareThe Employer agrees to contribute one hundred percent (100%) of the billed premiums towards coverage of eligible and enrolled employees under the Extended Health Care Plan. Eligible employees are regular full time and part time employees who work an average of twenty-one (21) hours or greater per week. Any person working less than 21 hours and currently enrolled in the Extended Health Coverage shall, barring any material change in hours, maintain that entitlement.

23.05 DentalThe Employer agrees to contribute fifty percent (50%) of the billed premiums towards coverage of eligible and enrolled employees under the Dental Plan providing the balance of the monthly premium is paid by the employee through payroll deduction. Eligible employees are regular full time and part time employees who work an average of twenty-one (21) hours or greater per week. Any person working less than 21 hours and currently enrolled in the Dental Coverage shall, barring any material change in hours, maintain that entitlement.

23.06 If requested, the Employer shall provide each employee who qualifies with a detailed benefit booklet and/or direction to the on-line policy details.

23.09 The benefit provisions outlined above will be offered consistent with the plan currently provided through Desjardins Insurance unless otherwise specified. Subsequent to implementation, the Employer has the flexibility to change carriers without the authorization of the bargaining unit as long as the benefits stay equal or become better than the existing plan and the percentage of premium charged to the employees is not increased.

23.10 Any dispute over entitlements or payment of benefits under such plan or policy shall be adjusted between the employee and the insurer concerned. The Employer will provide cooperation and collaboration in the resolving of disputes.

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* The effective date for the implementation of benefit changes will be no later than four months following the date of ratification.

23.01 Pension All present employees enrolled in the Employer's Pension Plan shall maintain their enrollment in the plan subject to its terms and conditions. New employees and employees not yet eligible for membership in the plan shall, once eligible, as a condition of employment, enroll in the Healthcare of Ontario Pension Plan (HOOPP).

23.02 WSIB a) Those employees on Workers Compensation will receive benefit entitlement in accordance

with the provisions of the Workplace Safety and Insurance Act (WSIA).

b) If requested, an employee prevented from performing work with the Employer due to an occupational injury, accident or illness that has applied for Workplace Safety and Insurance Board Benefits may continue to receive their regular rate of pay by utilizing any unused credits, prior to their claim being approved by the Workplace Safety and Insurance Board (WSIB).

ARTICLE 24 - EXPENSES

24.01 Automobile Expensesa) Employees who are required to drive from their base office to perform work related

responsibilities will be reimbursed for mileage at a rate of $0.48 per kilometer, effective the date of ratification.

b) Every employee designated as required to use their automobile for transportation of clients while engaged in Employer related business is entitled to annual reimbursement of the cost of an OPCF 6A Certificate to a maximum of one vehicle and $200.00 per year. An itemized policy showing applicable premium for the Certificate is required.

c) Employees required to use their automobile for transportation of clients while engaged in Employer related business will be provided with a vehicle seat cover, and will also be provided incontinence pads as required.

24.02 Other ExpensesThe Employer shall provide use of a working cellular telephone and battery charger to each bargaining unit employee who requires one for the purpose of conducting Employer related business and for the Health and Safety of the employee. The cost of the phone and business usage shall be borne by the Employer.

Employees that are required to travel to different locations as part of their job are to be provided a car charger.

24.03 No Employee will be required to pay a parking fee deduction.

24.04 Employees shall be reimbursed any reasonable, pre-approved out-of-pocket expense incurred in the service of the Employer, and not otherwise covered by any other article of this agreement.

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ARTICLE 25 – WAGES AND CLASSIFICATIONS

25.01 Annual salary increments for employees will be adjusted effective the classification anniversary date.

25.02 Upon transfer from one status (i.e. full time, part time, casual and contract) to any other status within the same position or job classification, an employee shall retain his/her step on the wage grid.

25.03 An employee, upon promotion to a higher classification, will be placed at the appropriate level of the salary range of the new classification so that the increase is not less than one full increment in her former position.

25.04 The Employer and the Union agree to establish a joint job evaluation committee (with equal membership from each) to evaluate new and existing positions in the bargaining unit. The terms of reference will be established by said committee.

The parties agree that any wage increases or salary harmonization negotiated in collective bargaining (or awarded through interest arbitration) are to be fully allocated towards any pay equity or job evaluation adjustments that are found to be owing for the period covered by the wage increases.

ARTICLE 26 – NATIONAL DAY OF MOURNING

26.01 The Employer agrees to allow employees one (1) minute of silence at 11:00 am on April 28 th of each year in observance of those workers killed on the job.

ARTICLE 27 – JOB SHARING

27.01 Job sharing can occur where there is agreement between the employees who wish to job share, the Union, and the Employer. Employees wishing to participate in a job share arrangement are to submit a proposal to the Employer for consideration. Such requests shall not be unreasonably denied.

27.02 The Employer undertakes to notify the Local Union President of all job sharing arrangements.

ARTICLE 28 – DISCIPLINE RECORD

28.01 Employees shall have reasonable advance notice where possible of a disciplinary meeting and the assistance of a Union Steward during such meeting. The employee will be informed before a disciplinary meeting that she may have her Steward at the meeting. A copy of any disciplinary notation will be provided to the Steward.

28.02 No written disciplinary action shall remain on an employee’s record for a period longer than eighteen (18) months, provided the record has been discipline-free of the same or related issue for that eighteen (18) month period. Discipline shall be provided in writing to the Employee and a copy placed in the employee file.

28.03 For clarity, supervision and other performance meetings are not disciplinary meetings and shall not be relied upon for the purposes of progressive discipline. If such a meeting does involve discipline, an employee will be entitled to union representation in accordance with this Article.

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28.04 An employee shall have the opportunity to view their human resource file, by appointment within five (5) days of their request, in the presence of the Employer. The employee shall have the right to respond in writing to any documents contained therein and such reply shall become part of the personnel file.

ARTICLE 29 – COPIES OF COLLECTIVE AGREEMENT

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

ARTICLE 30 – DURATION

30.01 This agreement shall be considered effective from the date of ratification to March 31, 2017. Nothing in the collective agreement shall be retroactive prior to the date of signing except as specifically indicated herein.

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Letter of Understanding

Between:

Canadian Mental Health Association Waterloo Wellington Dufferin Branch

And

Ontario Public Service Employees Union, Local 291

Re: Labour Management Committee

The parties agree to jointly develop a Terms of Reference for the Labour Management Committee. Terms will include rotational Chairperson responsibility and note-taker responsibility. The parties further agree to resolve issues related to workload in the organization.

Signed at ____________, Ontario this _______ day of ____________, 2014.

For the Employer For the Union

For the Employer For the Union

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Letter of Understanding

Between:

Canadian Mental Health Association Waterloo Wellington Dufferin Branch

And

Ontario Public Service Employees Union, Local 291

Re: Wages and Wage Harmonization

The following steps will be followed with respect to the wage harmonization process:

April 1, 2013 – March 31, 2014:1. All former GRB staff, employed at ratification are placed onto the former Trellis salary scale retroactive

to April 1, 2013a) The band/grid placement is based on January 31, 2014 proposal (with RCA change)b) The step placement is to the next nearest step (with a minimum of 1% increase)

2. All staff - classification anniversary increases also take place on or after April 1, 2013 (retroactively)

April 1, 2014 – March 31, 2015:1. All Staff – classification years of service and step placement will be compared. If there is a differential,

a further adjustment will be provided as follows, retroactive to April 1, 2014:a) 1 additional step for those with gap of 1-4.99 yearsb) 2 additional steps for those with gap of 5 years or more

2. All Staff - classification anniversary increases also take place on or after April 1, 2014 (retroactively)3. Employees , employed at ratification who do not receive either the harmonization or the adjustment

noted in #1 above, will receive a one-time harmonization lump sum of 1.9% on all hours paid in a regular or contract position (in the employee’s assigned FTE role, excluding additional hour contracts) during the period of April 1, 2013 – March 31, 2014.

April 1, 2015 – March 31, 2016:1. Shortened wage grid implemented and all staff placed at equal or higher rate, effective April 1, 2015 (as

presented in May)2. All Staff - classification anniversary increases also take place on or after April 1, 2015 (retroactively)

April 1, 2016 – March 31, 2017:1. All Staff – if there continues to be a differential between the classification years of service and step

placement for staff below the 10th step, a further adjustment will be provided as follows, retroactive to April 1, 2016:

a) 1 additional step for those with gap of 1-4.99 yearsb) 2 additional steps for those with gap of 5 years or more (to maximum of step 10)

2. Incremental increase of 0.5% effective April 1, 20163. Classification anniversary increases to also take place based on classification anniversary date

beginning April 1, 2015

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Signed at ____________, Ontario this _______ day of ____________, 2014.

For the Employer For the Union

For the Employer For the Union

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