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OFFICE OF

BETWEEN

PARAMEDICAL UNIT

FULL-TIME AND PART-

AND

CERT DATE

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FMLE EMPS

Received ~ union

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SERVICE EMPLOYEES UNION LOCAL 478

AFL CIO CLC OFL

EXPIRY DATE March 31 2002

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TABLE OF CONTENTS

ARTICLE I DESCRIPTION PAGE

1 GENERAL PURPOSE 1

2 DEFINITIONS 1

3 RECOGNITION 1

4 RELATIONSHIP 2 LabourManagement Committee 2

5 MANAGEMENT FUNCTIONS 3

6 UNION SECURITY 3 ~ ~

7 middot NO STRIKE OR LOCKOUT 4

8 SHOP STEWARDS 4

9 NEGOTIATING COMMITTEE 5

10 GRIEVANCE PROCEDURES 5 Policy Grievance 6

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11 ARBITRATION 7

12 PROBATIONARY PERIOD 8

13 SENIORITY 8 Loss of Seniority 9 Work in a Higher Category 10 Conversion of Hours 10

14 JOB SECURITY 11 Notice of Layoff 11 Severance and Retirement Options 11 Lay-Off and Recall 12 Benefits on Layoff 14

15 WAGES 15 Pay Sehedule 15 New Glassifieations 15 Progression Gn the Wage Grid 15

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Table of Contents (Page 2)

ARTICLE DESCRIPTION PAGE

Experience Pay 15 Pay Period 16 Wage Increase 16

16 HOURS OF WORK 17 Daily amp Weekly Hours of Work 17

17 OVERTIME 17 Definition of Overtime (Overtime Premium) 17 Overtime on a Paid Holiday 18 Overtime to Lieu-Time 18 Shift Changes 18 Shift Schedules 19 Shift Scheduling- Part-time Employees 19 Meal Allowance 17

18 ACCIDENT PREVENTIONHEALTH amp 19 SAFETY COMMITTEE

19 LEAVES OF ABSENCE 20 Bereavement Leave 20

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Court Attendance 21 Pregnancy Leave 21 Parental Leave 23 Effect of Absence 24 Educational Leave 25 Union Leave 25 Prepaid Leave Plan 25

20 PREMIUM PAY 27 Stand-by Pay 27 Call Back Pay 28 Shift Premium 28 Weekend Premium 28

21 PAID HOLIDAYS- FULL-TIME 29 Float Holidays 30 PAID HOLIDAYS- PART-TIME 30 Float Holidays 31

Table of Contents (Paampe 3)

ARTICLE DESCRIPTION PAGE

22 VACATIONS 31 Entitlement and Calculation of Payment 31 Sick Leave During Vacation 32 Vacation Scheduling 32

23 HEALTH AND WELFARE BENEFITS 32 Benefits on Early Retirement 34

24 PART-TIME PERCENTAGE IN LIEU OF BENEFITS 34

25 NO CONTRACTING OUT 35

26 GENERAL 36 Termination of Employment 37 Health Examinations 37 Workers Safety Insurance 37 Technological Change 37

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27 TERMINATION AND RENEWAL 38

Signing Page 39

APPENDICIES Wages - Schedule A to E

Letter ofUnderstandingRe Mr R Dennis

Letter of Understanding Re New Tours

ARTICLE 1 -GENERAL PURPOSE

101 The purpose of this Collective Agreement is to establish and maintain mutually satisfactory relations between the Hospital and employees concerned to provide for the prompt disposition of grievances to establish and maintain satisfactory working conditions hours of work and wages for all the employees who are subject to the provisions of the Agreement

ARTICLE 2 -DEFINITIONS

201 Employee shall include only such persons coming within the scope of the certificate issued by the Ontario Labour Relations Board dated the 27th day ofMay 1986

202 Steward shall mean an employee of the Hospital who has completed six ( 6) months of service with the Hospital and whose name has been forwarded to the Hospital by the Union in writing confirming his or her appointment as such and who has not been replaced by the Union with written notice to the Hospital

203 Administrator shall mean the Chief Executive Officer of St Josephs General Hospital Elliot Lake or his or her designate

204 Registered Technologist shall mean a technologist who has presented his current certificate of registration to his or her Department Head by January 30 in each year of registration Radiology technologists must present their license within thirty (30) days of their birthday In addition Ultrasound technologists (diagnostic medical sonographers) must present their proof of registration with the American Registry of Diagnostic Medical Sonographers following expiry each December 31 If in the future there is a requirement for a Canadian registration to practice presentation will also be a requirement of employment Where an employee who has been previously registeredlicensed fails to present his or her certificatelicense by the date specified such employee shall not be scheduled to work until the certificatelicense is presented

205 Part-time employee shall mean an employee who normally works 48 hours or less per two-week pay period

ARTICLE3-RECOGNDOON

301 The Employer recognizes the Union as the sole and exclusive bargaining agent of all paramedical employees ofSt Josephs General Hospital inElliotLake Ontario save and except supervisors persons above the rank of supervisor and persons covered by existing collective agreem~nts

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ARTICLE 4- RELATIONSHIP

401 The Hospital and the Union agree that there will be no discrimination interference restriction or coercion exercised or practised by them or any of their representatives or members upon any employee because of membership or lack of membership activity or lack of activity in the Union

402 The Union agrees that there will be no Union activity solicitation for membership or collection ofUnion dues on Hospital premises except as specifically provided for in this Agreement

403 LabourManagement Committee

The parties agree to establish a labourmanagement committee comprised of an equal number of representatives from union and management The committee will meet when required and at the very least four (4) times a year

A record shall be maintained of matters referred to the Committee and the recommended disposition if any unless agreed to the contrary Copies of the record shall be provided to committee members

The following provision applies to any reorganization or restructuring which occurs on or after the date of ratification by both parties

In the event of reorganization or restructuring of the Hospital which will have potential adverse effects upon employees in the bargaining unit the parties agree that they will discuss possible ways and means of avoiding or minimizing the impact including

identifying and proposing possible alternatives to any action that the Hospital may propose taking

identifying and seeking ways to address on-the-job retraining needs of employees

identifying vacant positions within the Hospital for which surplus members 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

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To allow the Labour Management Committee to carry out its mandated role under this Article 403 the Hospital will provide the Committee with pertinent fmancial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit The Union agrees to recognize all information provided through the Hospitals Fiscal Advisory Committee for this purpose

ARTICLE 5- MANAGEMENT FUNCTIONS

501 The Union acknowledges that it is the exclusive right and power of the Employer

a) to direct the working forces to hire assign retire discharge direct promote demote classify transfer lay-off recall and suspend or otherwise discipline employees provided that a claim of discharge without just cause by an employee who has completed his probationary period may be the subject of a grievance and dealt with as herein provided

b) generally to manage and operate the Hospital in all respects in accordance with its obligations and without restricting the generality of the foregoing to determine the kinds and locations of machines equipment to be used allocations and number of employees required from time to time the standard of performance for all employees and all other matters concerning the Hospitals operations not otherwise specifically dealt with elsewhere in this Agreement

c) to maintain order discipline and efficiency and to make and alter from time to time rules and regulations to be observed provided such rules and regulations are not inconsistent with the provisions of this Agreement

ARTICLE 6- UNION SECURITY

601 The Hospital shall deduct from each employee covered by this Agreement an amount equivalent to the regular monthly union dues as specified by letter from the Local Union Office Union dues so deducted shall be forwarded monthly accompanied by a list showing the names of persons for whom deductions have been made In the case of newly-hired employees dues will be deducted in the month following the month in which they were hired and the dues deduction list will also include social insurance number of new employees when they are placed on the list for the first time

Such deductions shall be forwarded to the Union Office at the address from time to time given to the Hospital

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602 The Union shall indemnify and save the Hospital harmless with respect to any claims or liabilities arising or resUlting from the operation of this Article

603 The Hospital agrees that a representative of the Union shall be allowed a reasonable period to interview each employee upon completion of their probationary period for the purpose of ascertaining the wishes of the employee concerning membership in the Union

Each month the Hospital shall send to the Union Office the names of the persons to be interviewed and shall designate the time and place of such interview the duration of which shall not exceed fifteen minutes

ARTICLE 7- NO STRIKE OR LOCKOUT

701 During the term of this Agreement neither the Union nor any of its officers or officials nor any employees shall take part in or call or encourage any strike~ sitshydown (which shall include any work-to-rule arrangement) or any suspension of work against the Employer which shall in any way affect the operations of the Employer Nor shall the Employer nor any of its officers or officials engage in any lockout

702 It is agreed that if such action should be taken by the employees the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedures established herein for settlement of any complaint or grievance

703 Should there be any violation of either 701 or 702 of the Article there shall be no discussion or negotiations of the matter in dispute between the Employer and the Union until normal work has been resumed

704 An employee who takes part in or counsels or procures any other employee to take part in any strike slow-down work-to-rule arrangement sit-down or any suspension of work against the Employer may be subject to discipline

ARTICLE 8- SHOP STEWARDS

801 The Employer acknowledges the right of the Union to appoint or otherwise select up to two (2) stewards

802 A cbief steward may be appointed or elected from amongst the stewards noted above The chief steward will handle union business on behalf of a union steward if the union steward is not available

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803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

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1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

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1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

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(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

bull- -lt bull ~

TABLE OF CONTENTS

ARTICLE I DESCRIPTION PAGE

1 GENERAL PURPOSE 1

2 DEFINITIONS 1

3 RECOGNITION 1

4 RELATIONSHIP 2 LabourManagement Committee 2

5 MANAGEMENT FUNCTIONS 3

6 UNION SECURITY 3 ~ ~

7 middot NO STRIKE OR LOCKOUT 4

8 SHOP STEWARDS 4

9 NEGOTIATING COMMITTEE 5

10 GRIEVANCE PROCEDURES 5 Policy Grievance 6

)

11 ARBITRATION 7

12 PROBATIONARY PERIOD 8

13 SENIORITY 8 Loss of Seniority 9 Work in a Higher Category 10 Conversion of Hours 10

14 JOB SECURITY 11 Notice of Layoff 11 Severance and Retirement Options 11 Lay-Off and Recall 12 Benefits on Layoff 14

15 WAGES 15 Pay Sehedule 15 New Glassifieations 15 Progression Gn the Wage Grid 15

-

Table of Contents (Page 2)

ARTICLE DESCRIPTION PAGE

Experience Pay 15 Pay Period 16 Wage Increase 16

16 HOURS OF WORK 17 Daily amp Weekly Hours of Work 17

17 OVERTIME 17 Definition of Overtime (Overtime Premium) 17 Overtime on a Paid Holiday 18 Overtime to Lieu-Time 18 Shift Changes 18 Shift Schedules 19 Shift Scheduling- Part-time Employees 19 Meal Allowance 17

18 ACCIDENT PREVENTIONHEALTH amp 19 SAFETY COMMITTEE

19 LEAVES OF ABSENCE 20 Bereavement Leave 20

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Court Attendance 21 Pregnancy Leave 21 Parental Leave 23 Effect of Absence 24 Educational Leave 25 Union Leave 25 Prepaid Leave Plan 25

20 PREMIUM PAY 27 Stand-by Pay 27 Call Back Pay 28 Shift Premium 28 Weekend Premium 28

21 PAID HOLIDAYS- FULL-TIME 29 Float Holidays 30 PAID HOLIDAYS- PART-TIME 30 Float Holidays 31

Table of Contents (Paampe 3)

ARTICLE DESCRIPTION PAGE

22 VACATIONS 31 Entitlement and Calculation of Payment 31 Sick Leave During Vacation 32 Vacation Scheduling 32

23 HEALTH AND WELFARE BENEFITS 32 Benefits on Early Retirement 34

24 PART-TIME PERCENTAGE IN LIEU OF BENEFITS 34

25 NO CONTRACTING OUT 35

26 GENERAL 36 Termination of Employment 37 Health Examinations 37 Workers Safety Insurance 37 Technological Change 37

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27 TERMINATION AND RENEWAL 38

Signing Page 39

APPENDICIES Wages - Schedule A to E

Letter ofUnderstandingRe Mr R Dennis

Letter of Understanding Re New Tours

ARTICLE 1 -GENERAL PURPOSE

101 The purpose of this Collective Agreement is to establish and maintain mutually satisfactory relations between the Hospital and employees concerned to provide for the prompt disposition of grievances to establish and maintain satisfactory working conditions hours of work and wages for all the employees who are subject to the provisions of the Agreement

ARTICLE 2 -DEFINITIONS

201 Employee shall include only such persons coming within the scope of the certificate issued by the Ontario Labour Relations Board dated the 27th day ofMay 1986

202 Steward shall mean an employee of the Hospital who has completed six ( 6) months of service with the Hospital and whose name has been forwarded to the Hospital by the Union in writing confirming his or her appointment as such and who has not been replaced by the Union with written notice to the Hospital

203 Administrator shall mean the Chief Executive Officer of St Josephs General Hospital Elliot Lake or his or her designate

204 Registered Technologist shall mean a technologist who has presented his current certificate of registration to his or her Department Head by January 30 in each year of registration Radiology technologists must present their license within thirty (30) days of their birthday In addition Ultrasound technologists (diagnostic medical sonographers) must present their proof of registration with the American Registry of Diagnostic Medical Sonographers following expiry each December 31 If in the future there is a requirement for a Canadian registration to practice presentation will also be a requirement of employment Where an employee who has been previously registeredlicensed fails to present his or her certificatelicense by the date specified such employee shall not be scheduled to work until the certificatelicense is presented

205 Part-time employee shall mean an employee who normally works 48 hours or less per two-week pay period

ARTICLE3-RECOGNDOON

301 The Employer recognizes the Union as the sole and exclusive bargaining agent of all paramedical employees ofSt Josephs General Hospital inElliotLake Ontario save and except supervisors persons above the rank of supervisor and persons covered by existing collective agreem~nts

bull 2

ARTICLE 4- RELATIONSHIP

401 The Hospital and the Union agree that there will be no discrimination interference restriction or coercion exercised or practised by them or any of their representatives or members upon any employee because of membership or lack of membership activity or lack of activity in the Union

402 The Union agrees that there will be no Union activity solicitation for membership or collection ofUnion dues on Hospital premises except as specifically provided for in this Agreement

403 LabourManagement Committee

The parties agree to establish a labourmanagement committee comprised of an equal number of representatives from union and management The committee will meet when required and at the very least four (4) times a year

A record shall be maintained of matters referred to the Committee and the recommended disposition if any unless agreed to the contrary Copies of the record shall be provided to committee members

The following provision applies to any reorganization or restructuring which occurs on or after the date of ratification by both parties

In the event of reorganization or restructuring of the Hospital which will have potential adverse effects upon employees in the bargaining unit the parties agree that they will discuss possible ways and means of avoiding or minimizing the impact including

identifying and proposing possible alternatives to any action that the Hospital may propose taking

identifying and seeking ways to address on-the-job retraining needs of employees

identifying vacant positions within the Hospital for which surplus members 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

3

To allow the Labour Management Committee to carry out its mandated role under this Article 403 the Hospital will provide the Committee with pertinent fmancial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit The Union agrees to recognize all information provided through the Hospitals Fiscal Advisory Committee for this purpose

ARTICLE 5- MANAGEMENT FUNCTIONS

501 The Union acknowledges that it is the exclusive right and power of the Employer

a) to direct the working forces to hire assign retire discharge direct promote demote classify transfer lay-off recall and suspend or otherwise discipline employees provided that a claim of discharge without just cause by an employee who has completed his probationary period may be the subject of a grievance and dealt with as herein provided

b) generally to manage and operate the Hospital in all respects in accordance with its obligations and without restricting the generality of the foregoing to determine the kinds and locations of machines equipment to be used allocations and number of employees required from time to time the standard of performance for all employees and all other matters concerning the Hospitals operations not otherwise specifically dealt with elsewhere in this Agreement

c) to maintain order discipline and efficiency and to make and alter from time to time rules and regulations to be observed provided such rules and regulations are not inconsistent with the provisions of this Agreement

ARTICLE 6- UNION SECURITY

601 The Hospital shall deduct from each employee covered by this Agreement an amount equivalent to the regular monthly union dues as specified by letter from the Local Union Office Union dues so deducted shall be forwarded monthly accompanied by a list showing the names of persons for whom deductions have been made In the case of newly-hired employees dues will be deducted in the month following the month in which they were hired and the dues deduction list will also include social insurance number of new employees when they are placed on the list for the first time

Such deductions shall be forwarded to the Union Office at the address from time to time given to the Hospital

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602 The Union shall indemnify and save the Hospital harmless with respect to any claims or liabilities arising or resUlting from the operation of this Article

603 The Hospital agrees that a representative of the Union shall be allowed a reasonable period to interview each employee upon completion of their probationary period for the purpose of ascertaining the wishes of the employee concerning membership in the Union

Each month the Hospital shall send to the Union Office the names of the persons to be interviewed and shall designate the time and place of such interview the duration of which shall not exceed fifteen minutes

ARTICLE 7- NO STRIKE OR LOCKOUT

701 During the term of this Agreement neither the Union nor any of its officers or officials nor any employees shall take part in or call or encourage any strike~ sitshydown (which shall include any work-to-rule arrangement) or any suspension of work against the Employer which shall in any way affect the operations of the Employer Nor shall the Employer nor any of its officers or officials engage in any lockout

702 It is agreed that if such action should be taken by the employees the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedures established herein for settlement of any complaint or grievance

703 Should there be any violation of either 701 or 702 of the Article there shall be no discussion or negotiations of the matter in dispute between the Employer and the Union until normal work has been resumed

704 An employee who takes part in or counsels or procures any other employee to take part in any strike slow-down work-to-rule arrangement sit-down or any suspension of work against the Employer may be subject to discipline

ARTICLE 8- SHOP STEWARDS

801 The Employer acknowledges the right of the Union to appoint or otherwise select up to two (2) stewards

802 A cbief steward may be appointed or elected from amongst the stewards noted above The chief steward will handle union business on behalf of a union steward if the union steward is not available

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803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

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1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

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1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

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(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

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(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

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may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

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probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

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24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

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Table of Contents (Page 2)

ARTICLE DESCRIPTION PAGE

Experience Pay 15 Pay Period 16 Wage Increase 16

16 HOURS OF WORK 17 Daily amp Weekly Hours of Work 17

17 OVERTIME 17 Definition of Overtime (Overtime Premium) 17 Overtime on a Paid Holiday 18 Overtime to Lieu-Time 18 Shift Changes 18 Shift Schedules 19 Shift Scheduling- Part-time Employees 19 Meal Allowance 17

18 ACCIDENT PREVENTIONHEALTH amp 19 SAFETY COMMITTEE

19 LEAVES OF ABSENCE 20 Bereavement Leave 20

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Court Attendance 21 Pregnancy Leave 21 Parental Leave 23 Effect of Absence 24 Educational Leave 25 Union Leave 25 Prepaid Leave Plan 25

20 PREMIUM PAY 27 Stand-by Pay 27 Call Back Pay 28 Shift Premium 28 Weekend Premium 28

21 PAID HOLIDAYS- FULL-TIME 29 Float Holidays 30 PAID HOLIDAYS- PART-TIME 30 Float Holidays 31

Table of Contents (Paampe 3)

ARTICLE DESCRIPTION PAGE

22 VACATIONS 31 Entitlement and Calculation of Payment 31 Sick Leave During Vacation 32 Vacation Scheduling 32

23 HEALTH AND WELFARE BENEFITS 32 Benefits on Early Retirement 34

24 PART-TIME PERCENTAGE IN LIEU OF BENEFITS 34

25 NO CONTRACTING OUT 35

26 GENERAL 36 Termination of Employment 37 Health Examinations 37 Workers Safety Insurance 37 Technological Change 37

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27 TERMINATION AND RENEWAL 38

Signing Page 39

APPENDICIES Wages - Schedule A to E

Letter ofUnderstandingRe Mr R Dennis

Letter of Understanding Re New Tours

ARTICLE 1 -GENERAL PURPOSE

101 The purpose of this Collective Agreement is to establish and maintain mutually satisfactory relations between the Hospital and employees concerned to provide for the prompt disposition of grievances to establish and maintain satisfactory working conditions hours of work and wages for all the employees who are subject to the provisions of the Agreement

ARTICLE 2 -DEFINITIONS

201 Employee shall include only such persons coming within the scope of the certificate issued by the Ontario Labour Relations Board dated the 27th day ofMay 1986

202 Steward shall mean an employee of the Hospital who has completed six ( 6) months of service with the Hospital and whose name has been forwarded to the Hospital by the Union in writing confirming his or her appointment as such and who has not been replaced by the Union with written notice to the Hospital

203 Administrator shall mean the Chief Executive Officer of St Josephs General Hospital Elliot Lake or his or her designate

204 Registered Technologist shall mean a technologist who has presented his current certificate of registration to his or her Department Head by January 30 in each year of registration Radiology technologists must present their license within thirty (30) days of their birthday In addition Ultrasound technologists (diagnostic medical sonographers) must present their proof of registration with the American Registry of Diagnostic Medical Sonographers following expiry each December 31 If in the future there is a requirement for a Canadian registration to practice presentation will also be a requirement of employment Where an employee who has been previously registeredlicensed fails to present his or her certificatelicense by the date specified such employee shall not be scheduled to work until the certificatelicense is presented

205 Part-time employee shall mean an employee who normally works 48 hours or less per two-week pay period

ARTICLE3-RECOGNDOON

301 The Employer recognizes the Union as the sole and exclusive bargaining agent of all paramedical employees ofSt Josephs General Hospital inElliotLake Ontario save and except supervisors persons above the rank of supervisor and persons covered by existing collective agreem~nts

bull 2

ARTICLE 4- RELATIONSHIP

401 The Hospital and the Union agree that there will be no discrimination interference restriction or coercion exercised or practised by them or any of their representatives or members upon any employee because of membership or lack of membership activity or lack of activity in the Union

402 The Union agrees that there will be no Union activity solicitation for membership or collection ofUnion dues on Hospital premises except as specifically provided for in this Agreement

403 LabourManagement Committee

The parties agree to establish a labourmanagement committee comprised of an equal number of representatives from union and management The committee will meet when required and at the very least four (4) times a year

A record shall be maintained of matters referred to the Committee and the recommended disposition if any unless agreed to the contrary Copies of the record shall be provided to committee members

The following provision applies to any reorganization or restructuring which occurs on or after the date of ratification by both parties

In the event of reorganization or restructuring of the Hospital which will have potential adverse effects upon employees in the bargaining unit the parties agree that they will discuss possible ways and means of avoiding or minimizing the impact including

identifying and proposing possible alternatives to any action that the Hospital may propose taking

identifying and seeking ways to address on-the-job retraining needs of employees

identifying vacant positions within the Hospital for which surplus members 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

3

To allow the Labour Management Committee to carry out its mandated role under this Article 403 the Hospital will provide the Committee with pertinent fmancial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit The Union agrees to recognize all information provided through the Hospitals Fiscal Advisory Committee for this purpose

ARTICLE 5- MANAGEMENT FUNCTIONS

501 The Union acknowledges that it is the exclusive right and power of the Employer

a) to direct the working forces to hire assign retire discharge direct promote demote classify transfer lay-off recall and suspend or otherwise discipline employees provided that a claim of discharge without just cause by an employee who has completed his probationary period may be the subject of a grievance and dealt with as herein provided

b) generally to manage and operate the Hospital in all respects in accordance with its obligations and without restricting the generality of the foregoing to determine the kinds and locations of machines equipment to be used allocations and number of employees required from time to time the standard of performance for all employees and all other matters concerning the Hospitals operations not otherwise specifically dealt with elsewhere in this Agreement

c) to maintain order discipline and efficiency and to make and alter from time to time rules and regulations to be observed provided such rules and regulations are not inconsistent with the provisions of this Agreement

ARTICLE 6- UNION SECURITY

601 The Hospital shall deduct from each employee covered by this Agreement an amount equivalent to the regular monthly union dues as specified by letter from the Local Union Office Union dues so deducted shall be forwarded monthly accompanied by a list showing the names of persons for whom deductions have been made In the case of newly-hired employees dues will be deducted in the month following the month in which they were hired and the dues deduction list will also include social insurance number of new employees when they are placed on the list for the first time

Such deductions shall be forwarded to the Union Office at the address from time to time given to the Hospital

4

602 The Union shall indemnify and save the Hospital harmless with respect to any claims or liabilities arising or resUlting from the operation of this Article

603 The Hospital agrees that a representative of the Union shall be allowed a reasonable period to interview each employee upon completion of their probationary period for the purpose of ascertaining the wishes of the employee concerning membership in the Union

Each month the Hospital shall send to the Union Office the names of the persons to be interviewed and shall designate the time and place of such interview the duration of which shall not exceed fifteen minutes

ARTICLE 7- NO STRIKE OR LOCKOUT

701 During the term of this Agreement neither the Union nor any of its officers or officials nor any employees shall take part in or call or encourage any strike~ sitshydown (which shall include any work-to-rule arrangement) or any suspension of work against the Employer which shall in any way affect the operations of the Employer Nor shall the Employer nor any of its officers or officials engage in any lockout

702 It is agreed that if such action should be taken by the employees the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedures established herein for settlement of any complaint or grievance

703 Should there be any violation of either 701 or 702 of the Article there shall be no discussion or negotiations of the matter in dispute between the Employer and the Union until normal work has been resumed

704 An employee who takes part in or counsels or procures any other employee to take part in any strike slow-down work-to-rule arrangement sit-down or any suspension of work against the Employer may be subject to discipline

ARTICLE 8- SHOP STEWARDS

801 The Employer acknowledges the right of the Union to appoint or otherwise select up to two (2) stewards

802 A cbief steward may be appointed or elected from amongst the stewards noted above The chief steward will handle union business on behalf of a union steward if the union steward is not available

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5

803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

6

1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

7

1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

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(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

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(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

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may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

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probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

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shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

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(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

Table of Contents (Paampe 3)

ARTICLE DESCRIPTION PAGE

22 VACATIONS 31 Entitlement and Calculation of Payment 31 Sick Leave During Vacation 32 Vacation Scheduling 32

23 HEALTH AND WELFARE BENEFITS 32 Benefits on Early Retirement 34

24 PART-TIME PERCENTAGE IN LIEU OF BENEFITS 34

25 NO CONTRACTING OUT 35

26 GENERAL 36 Termination of Employment 37 Health Examinations 37 Workers Safety Insurance 37 Technological Change 37

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27 TERMINATION AND RENEWAL 38

Signing Page 39

APPENDICIES Wages - Schedule A to E

Letter ofUnderstandingRe Mr R Dennis

Letter of Understanding Re New Tours

ARTICLE 1 -GENERAL PURPOSE

101 The purpose of this Collective Agreement is to establish and maintain mutually satisfactory relations between the Hospital and employees concerned to provide for the prompt disposition of grievances to establish and maintain satisfactory working conditions hours of work and wages for all the employees who are subject to the provisions of the Agreement

ARTICLE 2 -DEFINITIONS

201 Employee shall include only such persons coming within the scope of the certificate issued by the Ontario Labour Relations Board dated the 27th day ofMay 1986

202 Steward shall mean an employee of the Hospital who has completed six ( 6) months of service with the Hospital and whose name has been forwarded to the Hospital by the Union in writing confirming his or her appointment as such and who has not been replaced by the Union with written notice to the Hospital

203 Administrator shall mean the Chief Executive Officer of St Josephs General Hospital Elliot Lake or his or her designate

204 Registered Technologist shall mean a technologist who has presented his current certificate of registration to his or her Department Head by January 30 in each year of registration Radiology technologists must present their license within thirty (30) days of their birthday In addition Ultrasound technologists (diagnostic medical sonographers) must present their proof of registration with the American Registry of Diagnostic Medical Sonographers following expiry each December 31 If in the future there is a requirement for a Canadian registration to practice presentation will also be a requirement of employment Where an employee who has been previously registeredlicensed fails to present his or her certificatelicense by the date specified such employee shall not be scheduled to work until the certificatelicense is presented

205 Part-time employee shall mean an employee who normally works 48 hours or less per two-week pay period

ARTICLE3-RECOGNDOON

301 The Employer recognizes the Union as the sole and exclusive bargaining agent of all paramedical employees ofSt Josephs General Hospital inElliotLake Ontario save and except supervisors persons above the rank of supervisor and persons covered by existing collective agreem~nts

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ARTICLE 4- RELATIONSHIP

401 The Hospital and the Union agree that there will be no discrimination interference restriction or coercion exercised or practised by them or any of their representatives or members upon any employee because of membership or lack of membership activity or lack of activity in the Union

402 The Union agrees that there will be no Union activity solicitation for membership or collection ofUnion dues on Hospital premises except as specifically provided for in this Agreement

403 LabourManagement Committee

The parties agree to establish a labourmanagement committee comprised of an equal number of representatives from union and management The committee will meet when required and at the very least four (4) times a year

A record shall be maintained of matters referred to the Committee and the recommended disposition if any unless agreed to the contrary Copies of the record shall be provided to committee members

The following provision applies to any reorganization or restructuring which occurs on or after the date of ratification by both parties

In the event of reorganization or restructuring of the Hospital which will have potential adverse effects upon employees in the bargaining unit the parties agree that they will discuss possible ways and means of avoiding or minimizing the impact including

identifying and proposing possible alternatives to any action that the Hospital may propose taking

identifying and seeking ways to address on-the-job retraining needs of employees

identifying vacant positions within the Hospital for which surplus members 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

3

To allow the Labour Management Committee to carry out its mandated role under this Article 403 the Hospital will provide the Committee with pertinent fmancial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit The Union agrees to recognize all information provided through the Hospitals Fiscal Advisory Committee for this purpose

ARTICLE 5- MANAGEMENT FUNCTIONS

501 The Union acknowledges that it is the exclusive right and power of the Employer

a) to direct the working forces to hire assign retire discharge direct promote demote classify transfer lay-off recall and suspend or otherwise discipline employees provided that a claim of discharge without just cause by an employee who has completed his probationary period may be the subject of a grievance and dealt with as herein provided

b) generally to manage and operate the Hospital in all respects in accordance with its obligations and without restricting the generality of the foregoing to determine the kinds and locations of machines equipment to be used allocations and number of employees required from time to time the standard of performance for all employees and all other matters concerning the Hospitals operations not otherwise specifically dealt with elsewhere in this Agreement

c) to maintain order discipline and efficiency and to make and alter from time to time rules and regulations to be observed provided such rules and regulations are not inconsistent with the provisions of this Agreement

ARTICLE 6- UNION SECURITY

601 The Hospital shall deduct from each employee covered by this Agreement an amount equivalent to the regular monthly union dues as specified by letter from the Local Union Office Union dues so deducted shall be forwarded monthly accompanied by a list showing the names of persons for whom deductions have been made In the case of newly-hired employees dues will be deducted in the month following the month in which they were hired and the dues deduction list will also include social insurance number of new employees when they are placed on the list for the first time

Such deductions shall be forwarded to the Union Office at the address from time to time given to the Hospital

4

602 The Union shall indemnify and save the Hospital harmless with respect to any claims or liabilities arising or resUlting from the operation of this Article

603 The Hospital agrees that a representative of the Union shall be allowed a reasonable period to interview each employee upon completion of their probationary period for the purpose of ascertaining the wishes of the employee concerning membership in the Union

Each month the Hospital shall send to the Union Office the names of the persons to be interviewed and shall designate the time and place of such interview the duration of which shall not exceed fifteen minutes

ARTICLE 7- NO STRIKE OR LOCKOUT

701 During the term of this Agreement neither the Union nor any of its officers or officials nor any employees shall take part in or call or encourage any strike~ sitshydown (which shall include any work-to-rule arrangement) or any suspension of work against the Employer which shall in any way affect the operations of the Employer Nor shall the Employer nor any of its officers or officials engage in any lockout

702 It is agreed that if such action should be taken by the employees the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedures established herein for settlement of any complaint or grievance

703 Should there be any violation of either 701 or 702 of the Article there shall be no discussion or negotiations of the matter in dispute between the Employer and the Union until normal work has been resumed

704 An employee who takes part in or counsels or procures any other employee to take part in any strike slow-down work-to-rule arrangement sit-down or any suspension of work against the Employer may be subject to discipline

ARTICLE 8- SHOP STEWARDS

801 The Employer acknowledges the right of the Union to appoint or otherwise select up to two (2) stewards

802 A cbief steward may be appointed or elected from amongst the stewards noted above The chief steward will handle union business on behalf of a union steward if the union steward is not available

middot middot

5

803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

6

1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

7

1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

middot bull

8

1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

middotmiddot~

9

a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

10

(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

12

(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

13

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

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(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

ARTICLE 1 -GENERAL PURPOSE

101 The purpose of this Collective Agreement is to establish and maintain mutually satisfactory relations between the Hospital and employees concerned to provide for the prompt disposition of grievances to establish and maintain satisfactory working conditions hours of work and wages for all the employees who are subject to the provisions of the Agreement

ARTICLE 2 -DEFINITIONS

201 Employee shall include only such persons coming within the scope of the certificate issued by the Ontario Labour Relations Board dated the 27th day ofMay 1986

202 Steward shall mean an employee of the Hospital who has completed six ( 6) months of service with the Hospital and whose name has been forwarded to the Hospital by the Union in writing confirming his or her appointment as such and who has not been replaced by the Union with written notice to the Hospital

203 Administrator shall mean the Chief Executive Officer of St Josephs General Hospital Elliot Lake or his or her designate

204 Registered Technologist shall mean a technologist who has presented his current certificate of registration to his or her Department Head by January 30 in each year of registration Radiology technologists must present their license within thirty (30) days of their birthday In addition Ultrasound technologists (diagnostic medical sonographers) must present their proof of registration with the American Registry of Diagnostic Medical Sonographers following expiry each December 31 If in the future there is a requirement for a Canadian registration to practice presentation will also be a requirement of employment Where an employee who has been previously registeredlicensed fails to present his or her certificatelicense by the date specified such employee shall not be scheduled to work until the certificatelicense is presented

205 Part-time employee shall mean an employee who normally works 48 hours or less per two-week pay period

ARTICLE3-RECOGNDOON

301 The Employer recognizes the Union as the sole and exclusive bargaining agent of all paramedical employees ofSt Josephs General Hospital inElliotLake Ontario save and except supervisors persons above the rank of supervisor and persons covered by existing collective agreem~nts

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ARTICLE 4- RELATIONSHIP

401 The Hospital and the Union agree that there will be no discrimination interference restriction or coercion exercised or practised by them or any of their representatives or members upon any employee because of membership or lack of membership activity or lack of activity in the Union

402 The Union agrees that there will be no Union activity solicitation for membership or collection ofUnion dues on Hospital premises except as specifically provided for in this Agreement

403 LabourManagement Committee

The parties agree to establish a labourmanagement committee comprised of an equal number of representatives from union and management The committee will meet when required and at the very least four (4) times a year

A record shall be maintained of matters referred to the Committee and the recommended disposition if any unless agreed to the contrary Copies of the record shall be provided to committee members

The following provision applies to any reorganization or restructuring which occurs on or after the date of ratification by both parties

In the event of reorganization or restructuring of the Hospital which will have potential adverse effects upon employees in the bargaining unit the parties agree that they will discuss possible ways and means of avoiding or minimizing the impact including

identifying and proposing possible alternatives to any action that the Hospital may propose taking

identifying and seeking ways to address on-the-job retraining needs of employees

identifying vacant positions within the Hospital for which surplus members 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

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To allow the Labour Management Committee to carry out its mandated role under this Article 403 the Hospital will provide the Committee with pertinent fmancial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit The Union agrees to recognize all information provided through the Hospitals Fiscal Advisory Committee for this purpose

ARTICLE 5- MANAGEMENT FUNCTIONS

501 The Union acknowledges that it is the exclusive right and power of the Employer

a) to direct the working forces to hire assign retire discharge direct promote demote classify transfer lay-off recall and suspend or otherwise discipline employees provided that a claim of discharge without just cause by an employee who has completed his probationary period may be the subject of a grievance and dealt with as herein provided

b) generally to manage and operate the Hospital in all respects in accordance with its obligations and without restricting the generality of the foregoing to determine the kinds and locations of machines equipment to be used allocations and number of employees required from time to time the standard of performance for all employees and all other matters concerning the Hospitals operations not otherwise specifically dealt with elsewhere in this Agreement

c) to maintain order discipline and efficiency and to make and alter from time to time rules and regulations to be observed provided such rules and regulations are not inconsistent with the provisions of this Agreement

ARTICLE 6- UNION SECURITY

601 The Hospital shall deduct from each employee covered by this Agreement an amount equivalent to the regular monthly union dues as specified by letter from the Local Union Office Union dues so deducted shall be forwarded monthly accompanied by a list showing the names of persons for whom deductions have been made In the case of newly-hired employees dues will be deducted in the month following the month in which they were hired and the dues deduction list will also include social insurance number of new employees when they are placed on the list for the first time

Such deductions shall be forwarded to the Union Office at the address from time to time given to the Hospital

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602 The Union shall indemnify and save the Hospital harmless with respect to any claims or liabilities arising or resUlting from the operation of this Article

603 The Hospital agrees that a representative of the Union shall be allowed a reasonable period to interview each employee upon completion of their probationary period for the purpose of ascertaining the wishes of the employee concerning membership in the Union

Each month the Hospital shall send to the Union Office the names of the persons to be interviewed and shall designate the time and place of such interview the duration of which shall not exceed fifteen minutes

ARTICLE 7- NO STRIKE OR LOCKOUT

701 During the term of this Agreement neither the Union nor any of its officers or officials nor any employees shall take part in or call or encourage any strike~ sitshydown (which shall include any work-to-rule arrangement) or any suspension of work against the Employer which shall in any way affect the operations of the Employer Nor shall the Employer nor any of its officers or officials engage in any lockout

702 It is agreed that if such action should be taken by the employees the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedures established herein for settlement of any complaint or grievance

703 Should there be any violation of either 701 or 702 of the Article there shall be no discussion or negotiations of the matter in dispute between the Employer and the Union until normal work has been resumed

704 An employee who takes part in or counsels or procures any other employee to take part in any strike slow-down work-to-rule arrangement sit-down or any suspension of work against the Employer may be subject to discipline

ARTICLE 8- SHOP STEWARDS

801 The Employer acknowledges the right of the Union to appoint or otherwise select up to two (2) stewards

802 A cbief steward may be appointed or elected from amongst the stewards noted above The chief steward will handle union business on behalf of a union steward if the union steward is not available

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803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

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1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

7

1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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8

1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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9

a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

bull 2

ARTICLE 4- RELATIONSHIP

401 The Hospital and the Union agree that there will be no discrimination interference restriction or coercion exercised or practised by them or any of their representatives or members upon any employee because of membership or lack of membership activity or lack of activity in the Union

402 The Union agrees that there will be no Union activity solicitation for membership or collection ofUnion dues on Hospital premises except as specifically provided for in this Agreement

403 LabourManagement Committee

The parties agree to establish a labourmanagement committee comprised of an equal number of representatives from union and management The committee will meet when required and at the very least four (4) times a year

A record shall be maintained of matters referred to the Committee and the recommended disposition if any unless agreed to the contrary Copies of the record shall be provided to committee members

The following provision applies to any reorganization or restructuring which occurs on or after the date of ratification by both parties

In the event of reorganization or restructuring of the Hospital which will have potential adverse effects upon employees in the bargaining unit the parties agree that they will discuss possible ways and means of avoiding or minimizing the impact including

identifying and proposing possible alternatives to any action that the Hospital may propose taking

identifying and seeking ways to address on-the-job retraining needs of employees

identifying vacant positions within the Hospital for which surplus members 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

3

To allow the Labour Management Committee to carry out its mandated role under this Article 403 the Hospital will provide the Committee with pertinent fmancial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit The Union agrees to recognize all information provided through the Hospitals Fiscal Advisory Committee for this purpose

ARTICLE 5- MANAGEMENT FUNCTIONS

501 The Union acknowledges that it is the exclusive right and power of the Employer

a) to direct the working forces to hire assign retire discharge direct promote demote classify transfer lay-off recall and suspend or otherwise discipline employees provided that a claim of discharge without just cause by an employee who has completed his probationary period may be the subject of a grievance and dealt with as herein provided

b) generally to manage and operate the Hospital in all respects in accordance with its obligations and without restricting the generality of the foregoing to determine the kinds and locations of machines equipment to be used allocations and number of employees required from time to time the standard of performance for all employees and all other matters concerning the Hospitals operations not otherwise specifically dealt with elsewhere in this Agreement

c) to maintain order discipline and efficiency and to make and alter from time to time rules and regulations to be observed provided such rules and regulations are not inconsistent with the provisions of this Agreement

ARTICLE 6- UNION SECURITY

601 The Hospital shall deduct from each employee covered by this Agreement an amount equivalent to the regular monthly union dues as specified by letter from the Local Union Office Union dues so deducted shall be forwarded monthly accompanied by a list showing the names of persons for whom deductions have been made In the case of newly-hired employees dues will be deducted in the month following the month in which they were hired and the dues deduction list will also include social insurance number of new employees when they are placed on the list for the first time

Such deductions shall be forwarded to the Union Office at the address from time to time given to the Hospital

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602 The Union shall indemnify and save the Hospital harmless with respect to any claims or liabilities arising or resUlting from the operation of this Article

603 The Hospital agrees that a representative of the Union shall be allowed a reasonable period to interview each employee upon completion of their probationary period for the purpose of ascertaining the wishes of the employee concerning membership in the Union

Each month the Hospital shall send to the Union Office the names of the persons to be interviewed and shall designate the time and place of such interview the duration of which shall not exceed fifteen minutes

ARTICLE 7- NO STRIKE OR LOCKOUT

701 During the term of this Agreement neither the Union nor any of its officers or officials nor any employees shall take part in or call or encourage any strike~ sitshydown (which shall include any work-to-rule arrangement) or any suspension of work against the Employer which shall in any way affect the operations of the Employer Nor shall the Employer nor any of its officers or officials engage in any lockout

702 It is agreed that if such action should be taken by the employees the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedures established herein for settlement of any complaint or grievance

703 Should there be any violation of either 701 or 702 of the Article there shall be no discussion or negotiations of the matter in dispute between the Employer and the Union until normal work has been resumed

704 An employee who takes part in or counsels or procures any other employee to take part in any strike slow-down work-to-rule arrangement sit-down or any suspension of work against the Employer may be subject to discipline

ARTICLE 8- SHOP STEWARDS

801 The Employer acknowledges the right of the Union to appoint or otherwise select up to two (2) stewards

802 A cbief steward may be appointed or elected from amongst the stewards noted above The chief steward will handle union business on behalf of a union steward if the union steward is not available

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803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

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1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

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1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

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(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

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(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

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may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

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probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

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shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

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(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

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G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

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by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

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employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

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(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

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To allow the Labour Management Committee to carry out its mandated role under this Article 403 the Hospital will provide the Committee with pertinent fmancial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit The Union agrees to recognize all information provided through the Hospitals Fiscal Advisory Committee for this purpose

ARTICLE 5- MANAGEMENT FUNCTIONS

501 The Union acknowledges that it is the exclusive right and power of the Employer

a) to direct the working forces to hire assign retire discharge direct promote demote classify transfer lay-off recall and suspend or otherwise discipline employees provided that a claim of discharge without just cause by an employee who has completed his probationary period may be the subject of a grievance and dealt with as herein provided

b) generally to manage and operate the Hospital in all respects in accordance with its obligations and without restricting the generality of the foregoing to determine the kinds and locations of machines equipment to be used allocations and number of employees required from time to time the standard of performance for all employees and all other matters concerning the Hospitals operations not otherwise specifically dealt with elsewhere in this Agreement

c) to maintain order discipline and efficiency and to make and alter from time to time rules and regulations to be observed provided such rules and regulations are not inconsistent with the provisions of this Agreement

ARTICLE 6- UNION SECURITY

601 The Hospital shall deduct from each employee covered by this Agreement an amount equivalent to the regular monthly union dues as specified by letter from the Local Union Office Union dues so deducted shall be forwarded monthly accompanied by a list showing the names of persons for whom deductions have been made In the case of newly-hired employees dues will be deducted in the month following the month in which they were hired and the dues deduction list will also include social insurance number of new employees when they are placed on the list for the first time

Such deductions shall be forwarded to the Union Office at the address from time to time given to the Hospital

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602 The Union shall indemnify and save the Hospital harmless with respect to any claims or liabilities arising or resUlting from the operation of this Article

603 The Hospital agrees that a representative of the Union shall be allowed a reasonable period to interview each employee upon completion of their probationary period for the purpose of ascertaining the wishes of the employee concerning membership in the Union

Each month the Hospital shall send to the Union Office the names of the persons to be interviewed and shall designate the time and place of such interview the duration of which shall not exceed fifteen minutes

ARTICLE 7- NO STRIKE OR LOCKOUT

701 During the term of this Agreement neither the Union nor any of its officers or officials nor any employees shall take part in or call or encourage any strike~ sitshydown (which shall include any work-to-rule arrangement) or any suspension of work against the Employer which shall in any way affect the operations of the Employer Nor shall the Employer nor any of its officers or officials engage in any lockout

702 It is agreed that if such action should be taken by the employees the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedures established herein for settlement of any complaint or grievance

703 Should there be any violation of either 701 or 702 of the Article there shall be no discussion or negotiations of the matter in dispute between the Employer and the Union until normal work has been resumed

704 An employee who takes part in or counsels or procures any other employee to take part in any strike slow-down work-to-rule arrangement sit-down or any suspension of work against the Employer may be subject to discipline

ARTICLE 8- SHOP STEWARDS

801 The Employer acknowledges the right of the Union to appoint or otherwise select up to two (2) stewards

802 A cbief steward may be appointed or elected from amongst the stewards noted above The chief steward will handle union business on behalf of a union steward if the union steward is not available

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803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

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1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

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1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

13

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

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employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

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(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

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602 The Union shall indemnify and save the Hospital harmless with respect to any claims or liabilities arising or resUlting from the operation of this Article

603 The Hospital agrees that a representative of the Union shall be allowed a reasonable period to interview each employee upon completion of their probationary period for the purpose of ascertaining the wishes of the employee concerning membership in the Union

Each month the Hospital shall send to the Union Office the names of the persons to be interviewed and shall designate the time and place of such interview the duration of which shall not exceed fifteen minutes

ARTICLE 7- NO STRIKE OR LOCKOUT

701 During the term of this Agreement neither the Union nor any of its officers or officials nor any employees shall take part in or call or encourage any strike~ sitshydown (which shall include any work-to-rule arrangement) or any suspension of work against the Employer which shall in any way affect the operations of the Employer Nor shall the Employer nor any of its officers or officials engage in any lockout

702 It is agreed that if such action should be taken by the employees the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedures established herein for settlement of any complaint or grievance

703 Should there be any violation of either 701 or 702 of the Article there shall be no discussion or negotiations of the matter in dispute between the Employer and the Union until normal work has been resumed

704 An employee who takes part in or counsels or procures any other employee to take part in any strike slow-down work-to-rule arrangement sit-down or any suspension of work against the Employer may be subject to discipline

ARTICLE 8- SHOP STEWARDS

801 The Employer acknowledges the right of the Union to appoint or otherwise select up to two (2) stewards

802 A cbief steward may be appointed or elected from amongst the stewards noted above The chief steward will handle union business on behalf of a union steward if the union steward is not available

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803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

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1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

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1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

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(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

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probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

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24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

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(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

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G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

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by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

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(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

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803 The Union recognizes that stewards have regular duties to perform as employees of the Hospital and as far as possible Union business will be conducted outside working hours Such employees shall not therefore leave their regular duties for the purpose of conducting any business on behalf of the Union or to discuss any grievance without first obtaining the permission of their supervisor Such permission will not be unreasonably withheld When returning to work an employee who has been given time to conduct Union business or take up a grievance will report to his Supervisor and will give a reasonable explanation concerning his absence if requested to do so

804 A steward having obtained the permission of his Department Head to leave his regular duties for grievance purposes shall be paid his regular rate for such time lost from his regular working hours

805 The Union shall notify the Employer in writing of the names of the stewards in November of each year and the Employer will not be required to recognize the stewards until it has been notified in writing by the Union of the names of the employees selected

ARTICLE 9- NEGOTIATING COMMITTEE

901 (a) The Hospital agrees to recognize a negotiating committee for the purpose of negotiating renewals of this Agreement Such committee shall consist of two (2) employees selected from the bl)gain4tg unit

(b) It is agreed that a full time General Representative of Local 4 78 may participate in negotiations

(c) Members of the negotiating committee shall not suffer any loss of their regular earnings for time lost from their regularly scheduled hours due to attending negotiating meetings with management up to the time an application for conciliation has been made An employee serving on the negotiating committee must obtain permission ofhis or her Department Head to leave his or her regular duties for such meetings Permission for such purposes shall not be unreasonably withheld

ARTICLE 10- GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties hereto that complaints of the Employer or of the employees will be adjusted as quickly as possible and it is understood that an employee has no grievance until the complaint has been referred to the immediate Supervisor

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1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

7

1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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8

1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

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probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

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24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

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G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

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by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

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employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

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(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

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1002 All grievances arising from the interpretation application administration or alleged violation of this Agreement between employees and the Employer will be dealt with in accordance with the following procedures

Stage One

The employee concerned who may be accompanied by the Shop Steward if they so desire shall within seven (7) calendar days of the alleged grievance file a written grievance with their immediate Supervisor The Supervisor shall give his or her answer in writing to such employee(s) within seven (7) calendar days

Stage Two

Should the employee feel that his grievance has not been satisfactorily settled then a committee comprised of the employee the shop steward and the Union Representatives will within seven (7) calendar days of the date on which the answer was received at Stage One present the written grievance and reply to the Administrator who shall discuss the matter with such committee and give his or her decision in writing no later than thirty-one (31) calendar days after the written presentation has been given to him or her

1003 Policy Grievance

A complain4 or grievance arising directly between the Employer and the Union concerning the interpretation application administration or an alleged violation of this Agreement shall originate at Stage Two of the Grievance Procedure within seven (7) calendar days after the circumstances giving rise to the complaint have occurred

However it is especially understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby bypassed

1004 The termination of a probationary employee shall not be subject to the Grievance Procedure or arbitration A claim by an employee who has completed his or her probationary period that he or she has been discharged without just cause shall be treated as a grievance if a written statement of the grievance is filed by the employee at Stage Two within seven (7) calendar days of the date on which the discharge is effected

1005 The Hospital shall advise an employee of the right to have a shop steward present where possible at the time when his suspension or discharge is to be imposed

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1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

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(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

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(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

7

1006 It is understood that the Employer may bring forward to the Union any complaint with respect to the conduct of the Union its officers or members and if such complaint is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee

1007 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s 48(16) of The Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

ARTICLE 11- ARBITRATION

1101 Where a grievance has not been resolved under the foregoing Article 10 either party to this Agreement may request that a grievance be submitted to arbitration provided such request is made in writing to the other party within fourteen (14) calendar days of the answer provided at Stage Two If no written request for arbitration is received within fourteen (14) days after the decision under Stage Two is given the grievance shall be deemed to have been abandoned Where such request is postmarked within fourteen (14) calendar days after the decision under stage two it will be deemed to have been received within the time limits At the same time the party shall appoint a nominee and notify the other party Within fourteen ( 14) calendar days thereafter the other party shall appoint a nominee and notify the other party The two (2) nominees so appointed shall attempt to agree on a chairman for the Board of Arbitration within fourteen ( 14) calendar days from the date of the last appointment of a nominee If they are unable to agree upon such a chairman they shall then request the Ministry of Labour for the Province of Ontario to appoint a chairman

In the event of default by either party in nominating its representatives to the Board of Arbitration the other party may apply to the Ministry of Labour for the Province of Ontario who shall have the power to effect such an Appointment

1102 No person may be appointed to an arbitration board who has been involved in an attempt to negotiate or settle the grievance

1103 The Board of Arbitration shall not have jurisdiction to amend or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof nor to give any decision inconsistent with the terms and provisions of this Agreement No matter shall be dealt with at arbitration which has not been properly carried through all previous steps of the Grievance Procedure

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8

1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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9

a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

10

(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

13

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

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employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

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(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

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1104 The written decision of the majority of the Board of Arbitration or if there is no majority the decision of the Chairman shall be final and binding upon the Employer the Union and the employee or employees concerned

1105 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the chairman of the Arbitration Board

1106 Upon mutual agreement of the parties in writing a single arbitrator may be substituted for the Board of Arbitration in such case all of the other provisions in this Article shall continue to apply as with the Board of Arbitration

1107 The time limits set out in this Article are mandatory and failure to strictly comply with such time limits shall result in the grievance being deemed to have been abandoned notwithstanding s48(16) of the Labour Relations Act The parties may agree to extend any of the time limits prescribed in this Article provided however that any such agreement must be in writing and acknowledged by the parties

1108 At any stage of a grievance procedure including arbitration the parties may have the assistance of the employee or employees concerned and any other necessary witnesses

ARTICLE 12- PROBATIONARY PERIOD

1201 New employees shall be considered on probation until they have worked ninety (90) days or 67 5 hours with the Employer from their most recent date of hire If retained after the completion of the probationary period the employee shall be credited with seniority from date of last hire

Grievances may not be presented in connection with the discharge or lay-off of probationary employees

Probationary employees are entitled to all other rights and privileges accruing to employees in this contract

ARTICLE 13 -SENIORITY

1301 Seniority is the principle of granting preference to employees for promotions demotions transfers or layoffs in accordance with the le11gth of employment In all cases of promotions demotions transfers or layoffs the following two factors shall be considered by the Employer in determining which employees shall be affected

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a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

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(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

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(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

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(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

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(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

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probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

9

a) the requirements of efficiency of operation ability knowledge training and skill of the individual to fulfil the normal requirements of the job and the capability of the individual to assume responsibility

b) the seniority ranking of the employees affected

1302 When in the judgement of the Employer factor (a) is to all intents and purposes equal as between two or more employees their relative seniority ranking shall govern

1303

1304

(a) Senioritv Lists

Seniority lists of employees and their classifications shall be posted on the bulletin board upon the signing ofthis Agreement and every six (6) months thereafter Copies ofthe seniority list will be supplied to the Union Upon the posting of the seniority list employees shall have thirty (30) calendar days in which to file complaints against their seniority standing and if no complaints are filed it is deemed that the seniority list as posted is correct

(b) Accrual of Seniority

There shall be separate seniority lists for full-time and part-time employees Seniority shall be expressed as a date for full-time employees and in hours worked for part-time employees Where seniority is a factor under any provision in this Collective Agreement the seniority rights of full-time employees shall be separate and distinct from those of part-time employees and vice-versa

Loss of Seniority

An employee shall lose all service and seniority and shall be deemed to have terminated his or her employment if he or she

(a) quits or retires

(b) is discharged

(c) fails to return to work on being sent a rehiring notice

(d) is laid off for a period of twenty-four (24) months or more

(e) employee is absent due to illness or disability which absence continues for thirty (30) calendar months

10

(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

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(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

13

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

14

Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

15

ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

16

1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

10

(f) fails to return to work after the completion of a leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted

(g) is absent from work for three scheduled working days without a reasonable excuse

(h) leaves his or her post without permission and without reasonable excuse during regular working homs

1305 When new jobs are created and vacancies occur falling within those jobs included in the scope of the bargaining unit they shall be posted by the Hospital on the bulletin board for five (5) calendar days Applicants may apply in writing to the Personnel Office The posting of new jobs and all vacancies shall be limited to such new jobs and first vacancies and none other The selection for such vacancies shall occur on the basis set out in Articles 1301 and 1302 above Where there are no qualified applicants the Hospital may hire from outside the bargaining unit

1306 Except at the discretion of the Hospital an employee who is selected to fill a vacancy under this procedure will not be permitted to apply for another vacancy for a period of six (6) months following the appointment to the new position

1307 Work in a Higher Category

Where an employee is the successful applicant for a higher rated classification within the bargaining unit the employee shall be placed on the salary grid of such higher classification at the step on the grid with a salary rate next highest to the employees current rate

1308 Conversion ofHoms

An employee who is transferred from full-time status to part-time status or vice-versa shall retain his or her seniority on the basis of 1725 hours equalling one year and vice-versa

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ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

12

(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

13

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

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Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

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ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

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1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

11

ARTICLE 14- JOB SECURITY

1401 Notice of Layoff

Notice

In the event of a proposed layoff at the Hospital of a permanent or long-term nature or the elimination of a position within the bargaining unit the Hospital shall

(i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position and

(ii) provide to the affected employee(s) if any no less than five (5) months written notice of layoff or pay in lieu thereof

The parties agree that notice in accordance with the provisions of the Employment Standards Act Regulation 327 Section 7 will apply It is further agreed that notice to both the union and the employees may run concurrently

Note Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff

1402 Severance and Retirement Options

(a) (i)

(b) (i)

Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article 1401 (ii) that his or her position will be eliminated he or she shall receive the balance of the five (5) month notice period as a separation allowance This allowance will be applied to the statutory obligations for notice and severance as set out in the Employment Standards Act

Prior to issuing notice of layoff pursuant to Article 1401 (ii) in any classification( s ) the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement Wlder HOOPP within the classification( s) in order of seniority to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff Wlder Article 1401(ii)

12

(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

13

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

14

Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

15

ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

16

1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

17

ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

18

1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

12

(ii) An employee who elects an early retirement option shall receive following completion of the last day of work a retirement allowance of one (1) weeks salary for each year of service plus a pro-rated amowtt for any additional partial year of service to a maximum ceiling of26 weeks salary and in addition full-time employees shall receive a single lump-sum payment equivalent to $1000 for each year less than age 65 to a maximum of$5000 upon retirement

1403 Layoff and Recall

(a) In the event oflayoff the Hospital shall layoff employees in the reverse order of their seniority within their classification providing that there remain on the job employees who then have the ability to perform the work A maximum of seventy-five (75) hours of orientation will be provided to employees moving into new job classifications

(b) An employee who is subject to layoff shall have the right to either

(c)

(i) Accept the layoff or

(ii) Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation Such employee so displaced shall be laid off

(iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday Sunday and Holidays) following notification of layoff Employees failing to do so will be deemed to have accepted layoff

An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure The posting procedure in the Collective Agreement shall not apply until the recall process has been completed

13

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

14

Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

15

ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

16

1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

17

ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

18

1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

13

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above the Hospital shall not act in an arbitrary or unfair manner

(e) No new employees shall be hired wttil all those laid off have been given an opportwtity to return to work and have failed to do so in accordance with the loss of seniority provision or have been fowtd unable to perform the work available

(f) It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays Sundays and paid holidays) after being notified to do so by registered mail addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work The employee is solely responsible for his proper address being on record with the Hospital

(g) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working i

days An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff

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

(i) In the event that a layoff commenced on the day immediately following a paid holiday an employee otherwise qualified for holiday pay shall not be dissentitled thereto solely because of the day on which the layoff commenced

G) A laid-off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of layoff Temporary work placements will not interrupt this twenty-four (24) month period

(k) Any agreement between the Hospital and the Union concerning the method of implementation of a layoff will take precedence over the terms of this article The unavailability of a representative of the

14

Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

15

ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

16

1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

17

ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

i

18

1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

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by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

14

Union shall not delay any meeting regarding layoffs or staff reductionsmiddot

1404 Benefits on Layoff

In the event of a layoff of a full-time employee the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere whichever occurs first

15

ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

16

1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

17

ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

15

ARTICLE 15- WAGES

1501 Pay Schedule

Attached hereto and forming part of this Collective Agreement is Schedule A on page 37 setting out the hourly rates for the classifications covered by this Agreement

1502 New Classifications

Where the Hospital establishes a new classification coming within the bargaining unit it shall determine the rate of pay for such classification and notify the Union thereof If the Union challenges the rate it shall have the right to request a meeting with the Hospital to attempt to negotiate a mutually satisfactory rate Such request shall be made within fourteen (14) calendar days of the sending of the notice from the Hospital The meeting shall be held within fourteen (14) calendar days of the Unions request In the event that the rate remains unresolved the matter shall be referred to arbitration under Article 11 within fourteen (14) calendar days of the meeting

1503 Progression on the Wage Grid

(a) Employees will progress on the wage grid for their classification from the start rate to the one-year rate and so on on the basis of 1725 hours worked excluding overtime

(b) For the purpose of computing hours worked for increment an employees regularly scheduled hours during which he was absent due to approved leave paid by the Hospital or for which the Union reimburses the Hospital (excluding leave under Article 1909(b)) shall be deemed hours worked

1504 Experience Pay

An employee hired by the Hospital with recent and related full-time service in a Hospital (or comparable part-time service with this Hospital) may request in writing at the time of hiring consideration for such experience Any such claim shall be accompanied by verification of previously related experience The Hospital shall then evaluate such experience during the employees probationary period The Hospital shall for the purpose of slotting the employee in the wage grid credit the employee with not less than one (1) years service for every two (2) full years of related experience in such classification effective upon completion of the probationary period It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement

16

1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

17

ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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18

1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

16

1505 Pay Period

(a) Employees shall be paid bi-weekly no later than Friday by deposit at a bank or credit union of their choice in Elliot Lake

(b) Employees shall be solely respOnsible through payroll deduction for any and all service charges their choice of banking institution may demand for payroll deposit

1506 Wage Increase

Employees shall be entitled to a retroactive wage increase of 1 effective Apri1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule A and A-1 )

Employees shall be entitled to a further wage increase of 1 effective October 1 1999 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule B and B-1) middot

EmplOyees shall be entitled to a further wage increase of 1 effectiveApril1 2000 with the exception of the Ultrasound Technologist who shall be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule C and C-1)

Employees shall be entitled to a further wage increase of 1 effective October 1 2000 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule D and D-1)

Employees shaU be entitled to a further wage increaseof2 effectiveApril1 2001 with the exception of the Ultrasound Technologist who shaU be maintained at a $060 cent per hour differential above the Registered Technologist rate (Refer to Schedule E and E-1 )

middot

17

ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

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probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

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1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

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shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

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1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

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(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

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G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

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by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

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ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

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(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

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employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

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(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

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ARTICLE 16- HOURS OF WORK

1601 Daily amp Weekly Hours of Work

The regular work week for all full-time employees shall be thirty seven and one-half (37 Y2) hours per week averaged over the two-week pay period The normal daily shift shall be 7 Y2 hours exclusive of a one-half (Yl ) hour unpaid meal period In each half shift the Hospital shall allow a fifteen (15) minute rest period It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of the hours of work to be performed on each shift or during each shift schedule or any period whatsoever nor a guarantee of working schedules

1602 (a) Part-time Call-Ins

Call-In of part-time employees for unscheduled shifts shall be by seniority

Minimum Reporting Allowance

(b) When called in on a 75 hour shift the employee will be guaranteed at least four ( 4) hours of work or if no work is available will be paid at least four ( 4) hours except when work is not available due to the conditions beyond the control of the Hospital

Cancellation of Shifts

(c) The Employer will endeavour to give employees at least twelve (12) hours notice when a shift is to be cancelled where less than eight (8) hours notice is given to the employee the employee shall be paid for the shift

ARTICLE 17- OVERTIME

1701 Definition of Overtime (Overtime premium)

Overtime worked in excess of seven and one-half (7 Y2 ) hours per day or seventyshyfive (75) hours averaged in a two (2) week pay-period for all employees will be counted as overtime work and will be paid for at the rate of time and one-half(1 Yl) the employees regular rate of pay No overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two (2) employees where approved bY the Hospital

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1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

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(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

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(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

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may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

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1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

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After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

18

1702 Overtime on a Paid Holiday

Where an employee is required to work overtime in excess ofhis regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift) such employee shall receive two (2) times his regular straight time hourly rate for such additional authorized overtime but no further premium payment for such additional hours

1703 A full-time employee required to work on a day off shall be paid at the rate of one and one-half (1 Y2 ) times the employees regular straight time hourly rate of pay or the equivalent time off (eg 1 Y2 hours for each hour worked) to be taken within the next thirty (30) days at a mutually agreed time failing which payment will be made

1704 Overtime to Lieu Time

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtiine rate or time off equivalent to the applicable overtime rate (ie where the applicable rate is time and one-half(l Y2) then time off shall be at one and one-half (1 Y2 times) Where an employee chooses the latter option such time off must be taken within forty-five ( 45) days of the occurrence of the overtime at a time mutually agreed by the Hospital and the employee or payment in accordance with the former option shall be made

1705 It is understood and acknowledged that the Hospital has the right to require employees to perform reasonable authorized overtime work

1706 Call-back shall not be considered as hours worked for the purpose of this Article

1707 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid

1708 Shift Changes

Employees must give the Hospital in writing at least five ( 5) calendar days notice middot of intent to cancel or to change a shift together with an undertaking signed by an employee willing to exchange such shift and subject to the approval of the Hospital An employee may at any time exchange shifts provided there is no additional cost to the Hospital

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

1709

19

(a) Shift Schedules

The work schedule is to be posted and unchanged for six (6) weeks unless mutually agreed between the employee and the employer

(b) Shift Scheduling- Part-Time Employees

Shift scheduling shall be by seniority and additional shifts shall be offered by seniority

1710 Meal Allowance

An employee required to work more than three (3) hours overtime on the same day they have worked a full shift shall after the three (3) hours receive a one-half(l2) hour paid meal period and shall be provided with a four dollar ($400) meal allowance

ARTICLE 18- ACCIDENT PREVENTIONHEALTH amp SAFETY COMMITTEE

1801 (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in ordermiddottomiddotprevent accidents injury and illness

(b) Recognizing its responsibilities under the applicable legislation the Hospital agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one (1) representative or alternate selected or appointed by the Union from amongst bargaining unit employees

(c) Such Committee shall identify potential dangers and hazards institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health

(d) The Hospital agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions

(e) Meetings shall be held at least every three (3) months or more frequently at the call of the chair if required The Committee shall maintain minutes otal meetings and make the same available for review

r

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment which

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

20

may be renewed for further periods of one (I) year Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and any representative( s) attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices

ARTICLE19-LEAVESOFABSENCE

190 I Written requests for a personal leave of absence without pay will be considered on an individual basis by the Director of Service or hisher designate Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days except in cases of emergency in which case a reply will be given as soon as possible Such leave shall not be unreasonably withheld

1902 Employees who are on leave of absence for any reason will not engage in gainful employment while on such leave and if an employee does engage in gainful employment on such leave all seniority rights and privileges under this Agreement may be forfeited at the sole discretion of the Hospital

1903 Bereavement Leave

(a) An employee who notifies the Hospital as soon as possible following a bereavement shall be granted three (3) scheduled shifts off without loss of his or her regular pay for his or her scheduled hours in conjunction with the day of the funeral in order that the employee may make the arrangements for andor attend the funeral of a member of his or her immediate family Immediate family means parent brother sister spouse son daughter sonshyin-law daughter-in-law mother-in-law father-in-law brother-in-law sistershyin-law grand-parent or grand-child

(b) Where an employee is unable due to distance of travel to attend the funeral of a member ofhis or her immediate family as defined above he or she shall be entitled to leave for mourning on the day of the funeral without loss of regular straight time earnings to which he or she would otherwise have been entitled on that day

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

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2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

21

1904 Court Attendance

If an employee is required to serve as a juror in any court of law or is required by subpoena to attend a court of law as a witness called on behalf of the Crown the employee shall not lose regular pay because of necessary absence from work due to such attendance provided that the employee

(a) informs the Employer immediately upon being notified that the employee will be required to attend at court

(b) presents proof of service requiring the employees attendance and

(c) 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

(d) in no cases shall the employees be required to turn in any monies received for such services when it is for travel expenses meal allowance or fees paid on his or her regular days off

1905 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) The technologist shall give written notification at least one ( 1) month in advance ofthe date of commencement of such leave and the expected date of return

(c) The technologist shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Hospital at least four ( 4) weeks in advance thereopound The technologist shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration middot If retained by the Hospital in a permanent position the technologist shall be credited with seniority from date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

22

probationary period provided in Article 1201 to a maximum of30 tours (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment

(e) The Hospital may request a technologist to commence pregnancy leave at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy

(f) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three percent (93) of her regular weekly earnings and the sum of her weekly Employment Insurance Benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of fifteen (15) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The hospital will pay the employee ninety-three percent (93dego) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

23

1906 Parental Leave

(a) A technologist who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act except where amended in this provision

(b) A technologist who has taken a pregnancy leave is eligible to be granted a parental leave of up to eighteen (18) weeks duration in accordance with the Employment Standards Act A technologist who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to six (6) months duration consideration being given to any requirements of adoption authorities In cases of adoption the technologist shall advise the Hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption ff because of late receipt of confirmation of the pending adoption the technologist finds it impossible to request the leave of absence in writing the request may be made verbally and subsequently verified in writing

(c) The technologist shall be reinstated to her former position unless her former position has been discontinued in which case she shall be given a comparable job

(d) Technologists newly hired to replace technologists who are on approved parental leave may be released and such release shall not be the subject of grievance or arbitration If retained by the Hospital in a permanent position the technologist shall be credited with seniority from the date of hire subject to successfully completing her probationary period The technologist shall be credited with tours worked (hours worked for technologists whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 1201 to a maximum of 30 shifts (225 hours for technologists whose regular hours of work are other than the standard work day)

The Hospital will outline to technologists hired to fill such temporary middot vacancies the circumstances giving rise to the vacancy and the special

conditions relating to such employment

(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospitals Supplemental Employment Benefit (SEB) Plan a technologist who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act

i

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

24

shall be paid a Supplemental Employment Benefit That benefit will be equivalent to the difference between ninety-three per cent (93dego) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings Such payment shall commence following completion of the two week Employment Insurance waiting period and receipt by the Hospital of the technologists Employment Insurance cheque stub as proof that she is in receipt ofEmployment Insurance parental benefits and shall continue while the technologist is in receipt of such benefits for a maximum period of ten (10) weeks The technologists regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours

The employee does not have any vested right except to receive payments for the covered unemployment period The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

1907 Effect of Absence

If a technologists absence without pay from the Hospital excluding absences under Article 1905 and 1906 Pregnancy and Parental Leave exceeds thirty (30) continuous calendar days she will not accumulate seniority or service for middotany purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the technologist will become responsible for full payment of any subsidized employee benefits in which she is entitled to participate during the period of absence In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a technologist may arrange with the Hospital to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage

In accordance with the Employment Standards Act the Hospital will continue to pay its share of the subsidized employee benefits during the pregnancy and or parental leave Service and seniority will continue to accrue

Notwithstanding this provision seniority shall accrue for a period of one year if a technologists absence is due to disability resulting in WSIB benefits or LTD benefits including the period of the disability program covered by Employment Insurance

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

25

1908 Educational Leave

Where the Hospital directs and the employee agrees to take an educational course to upgrade or acquire new employment qualifications required by the Hospital such employee shall not lose regular pay because of necessary absence from work due to participation in such course The Hospital shall reimburse the employee for the approved cost of fees and expenses for the successful completion of the course This clause shall also apply where the Society to which the Technologist belongs requires upgraded qualifications for the classifications which the Hospital determines that it needs

1909 Union Leave

(a) The Hospital may grant leave of absence without pay to no more than one ( 1) employee at any one (1) time provided that at least two (2) weeks written notice has been given for the purpose of attending union conventions seminars educational classes or other union business In making application for this kind of leave of absence it is understood that the leave shall not be for longer than a two (2) week period at any one (1) time The accumulative total of all such leaves shall not exceed forty (40) days in one (1) calendar year

(b) Upon application by the Union in writing the Hospital will give reasonable consideration to a request for a leave of absence without pay to an employee elected or appointed to full-time union office It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time Such leave if granted shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties

1910 Prepaid Leave Plan

The Hospital agrees to approve the application of one (1) Registered Technologist annually for the prepaid leave plan in accordance with the following terms and conditions

(a) The plan is available to technologists wishing to spread four ( 4) years salary middot over a five (5) year period in accordance with Part LXVIll of the Income Tax Regulations Section 6801 to enable them to take a one (1) year leave of absence following the four ( 4) years of salary deferral

middot

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

26

(b) The RT must make written application to the Director of at least six (6) months prior to the intended commencement date of the program (ie the salary deferral portion) stating the intended purpose of the leave

(c) The number ofRTs that may be absent at any one time shall be one ( l ) The year for purposes of the program shall be September l of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the RT and the Hospital

(d) Written applications will be reviewed by the CEO or designate Leaves requested for the purpose of pursuing further formal Lab or X-ray Technology Education will be given priority Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority

(e) middot During the four (4) years of salary deferral 20 of the RTs gross annual earnings will be deducted and held for the RT and will not be accessible to himher until the year of the leave or upon withdrawal from the plan

(f) The Manner in which the deferred salary is held shall be at the discretion of the Hospital

(g) All deferred salary plus accrued interest if any shall be paid to the RT at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the RT

(h) All benefits shall be kept whole during the four ( 4) years of salary deferral During the year of the leave seniority will accumulate Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave The RT shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan The RT will not be eligible to participate in the disability income plan during the year of the leave

(i) An RT may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Director of their Department Deferred salary plus interest if any will be returned to the RT within a reasonable period of time

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

27

G) If the RT terminates employment the deferred salary held by the Hospital plus accrued interest if any will be returned to the RT within a reasonable period of time In case of the RTs death the funds will be paid to the RTs estate

(k) The Hospital will endeavour to find a temporary replacement for the RT as far in advance as practicable If the Hospital is unable to find a suitable replacement it may postpone the leave The Hospital will give the RT as much notice as is reasonably possible The RT will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary plus accrued interest if any paid out to her within a reasonable period of time

(l) The RT will be reinstated to hisher fonner position unless the position has been discontinued in which case she shall be given a comparable job

(m) Final approval for entry into the pre-paid leave program will be subject to the RT entering into a fonnal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the Registered Technologists pay Such agreement will include

(a) A statement that the Registered Technologist is entering the prepaid leave program in accordance with Article 1910 of the Collective Agreement

(b) The Period of salary deferral and the period for which the leave is requested

(c) The Manner in which the deferred salary is to be held

(optional) The letter of application from the RT to the Hospital to enter the pre-paid leave program will be appended to and fonn part of the written agreement

ARTICLE20-PRE~PAY

2001 Stand-by Pay

An Employee required to standby or remain available for call-back duty on other than regular scheduled hours shall be paid at the rate of$250 per hour Where such standby duty falls on a paid holiday as set out in Article 2101 the RT shall reeeive standby pay in the amount of$300 per hour Standby means immediately available

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

2002

2003

28

by telephone Payment shall however cease when the R T is called in to work under Article 2002 middot

a) Call-Back Pay

An employee who has left the Hospital premises after having completed his or her regularly scheduled shift and is called back to work outside of his or her regularly scheduled shift shall be paid at time and one-half ( 1 Y2 ) his or her regular straight time hourly rate for all time actually worked with a minimum guarantee of three (3) hours pay Where the call-back extends into the employees regular scheduled shift the employee shall be paid attime and one-half (1 ~) for only those hours actually worked prior to the commencement of the shift

(b) Dual-trained Technologists on Standby will be paid the Ultrasound Technologist rate for all Call-Backs middot

(c) Transportation Allowance

An employee who is called back to work under paragraph (a) above shall be paid a travel allowance of $500 per round trip or provided with transportation by the Hospital

Shift Premium

Employees shall be paid $100hr evening shift premium if the majority of their regularly scheduled shift falls between 1530 hours and 2330 hours Shift premium is only applied to those hours that fall during the evening shift window Employees shall be paid $125hr night shift premium if the majority of their regularly scheduled shift falls between 2330 hours and 0730 hours The premium applies to those hours that fall during the noted period

Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premiums will not form part of the employees regular straight time hourly rate

2004 Weekend Premium

A weekend premium of$135hr for all hours worked during regularly scheduled shifts from Friday midnight to Sunday midnight not payable if employee receiving premium pay under scheduling

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

29

ARTICLE21-PAIDHOLIDAYS

FULL-TIME ONLY

2101 A full-time employee with at least thirty (30) days service and who otherwise qualifies under Article 2102 shall be entitled to the following holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day middot Boxing Day

2102 In order to qualify for pay for a holiday a full-time employee shall complete his or her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to

2103

(a) legitimate illness or accident which commenced within a month of the holiday

(b) vacation granted by the Hospital

Any employee required to work on the holidays listed in Article 2101 shall be paid at the rate of time and one-half(1 h) his or her regular straight time hourly rate of pay for all hours worked on the holiday In addition a full-time employee shall receive a lieu day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift or receive payment for such day

2104 A full-time employee not required to work on the days listed in Article 2101 who qualifies under Article 2102 shall have the day off with pay in the amount ofhis or her regular straight time hourly rate of pay for a regular shift

2105 Where the holiday occurs on a full-time employees regularly scheduled day off or during the employees vacation a lieu day off with pay shall be provided

2106 Where a full-time employee is entitled to a lieu day off with pay under either Article 2103 or 2105 such lieu day must be taken within sixty ( 60) calendar days following the holiday or will be paid out

t

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

30

2107 Float Holidays

All employees employed on January 1st in any year shall be entitled to three (3) floating holidays during the year to be taken as follows

- One floater between January and April - Second floater between May amp August - Third floater from September to December

Employees have the option of carrying their floating holidays to the latter part of the year however they may not take them in advance Floating holidays that have not been taken prior to December 31 of any calendar year are forfeited

Employees hired from May to August of any year shall be entitled to two (2) floating holidays and those hired from September to December will be entitled to one (1) floating holiday

All floating holidays are to be taken at a time mutually agreed upon between the employee and department head Such floating holidays may not be taken during Christmas - New Years period

PART-TIME ONLY

2108 PAID HOLIDAYS

(a) Statutory Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for the following Statutory Holidays

New Years Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

The formula for calculating payment of all Statutory Holidays (including Floating Holidays) will be based on the employees hours worked during the two pay periods prior to the Statutory Holiday

middot

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

31

(b) Floating Holidays

Part-Time employees who decide to opt for the benefit package and forego their percentage in-lieu of for benefits will be entitled to pro-rated pay for three (3) Floating Holidays in each calendar year beginning with the Year 2000

ARTICLE 22 - VACATIONS

2201 Entitlement and Calculation of Payment

The following provisions relating to vacations apply to full-time employees only

(a) Employees who have completed one (1) or more years and less than three (3) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to an annual vacation of three (3) weeks with pay at their regular salary

(b) Employees who have completed three (3) or more years and less than fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of four ( 4) weeks with pay at their regular salary

(c) Employees who have completed fifteen ( 15) years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of five (5) weeks with pay at their regular salary

(d) Employees who have completed twenty-five years of continuous full-time service as of the date for determining vacation entitlement shall be entitled to annual vacation of six weeks with pay at their regular salary

(e) For those employees who were on a leave of absence without pay for more than thirty (30) days a comparison of weeks entitlement and a percentage of gross earnings will be done by Management and they will receive which ever is greater

2202 Full-time employees vacation to be paid on a continuous payment method

Part-time employees shall be entitled to vacation pay as a percentage of their previous years gross earnings excluding vacation pay on the following basis

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

32

After 1725 hours worked $ix percent ( 6) After 5175 hours worked eight percent (8) After 25875 hours worked ten percent (10) After 43125 hours worked the employee will be eligible for vacation pay at 12

2203 Continuous service for the purpose of entitlements towards vacation and vacation pay and other benefits shall mean service of a regular nature

2204 Sick Leave During Vacation

Where an employees scheduled vacation is interrupted due to a serious illness which commenced prior to and continue into the scheduled vacation period the period of such illness shall be considered sick leave

Where the employees scheduled vacation is interrupted due to an illness requiring the employee to be an inpatient in a hospital the period of such hospitalization shall be considered sick leave

2205 Vacation Scheduling

The vacation request sheet will be posted by January 15th Employees will be given preference with respect to their vacation periods in accordance with seniority Seniority must be exercised by April1 st Vacation request will be finalized by April 15th and schedules posted by May 15th In any event this will not prevent employees from arranging vacations otherwise on an individual basis with permission of their Department Head

2206 The vacation year will start in the pay period which begins closest to July 1st and will conclude in the pay period which ends closestto June 30th of the following year The Hospital will identify the actual dates of the vacation year each January

2207 Vacations may not be scheduled between December 15th and January 2nd

2208 Employees shall be entitled to carry over 375 houn of vacation allowance from one (1) years vacation period to the next with mutual agreement between the employee and the Department Manager

ARTICLE 23- HEALTH AND WELFARE BENEFITS

2301 The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible employees in the active

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

33

employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements

(a) The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

(b)

All eligible future employees coming into the bargaining unit shall be required to enrol as a condition of employment Enrollment of future employees shall be on successful completion of the probationary period Participation for employees hired after this date shall be restricted in accordance with carrier requirements to subsequent anniversary dates of the implementation of the plan

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($15 single$25family deductible) as it exists at the date of execution of this Collective Agreement providing the balance of monthly premium is paid by the employee through payroll deductions In addition to the standard benefits coverage will include vision care (maximum $10000 every 24 months) as well as a hearing aid allowance (lifetime maximum $50000 per individual)

(c) The Hospital agrees to contribute one hundred percent ( 100) of the billed premium toward coverage of eligible employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

(d) The Hospital will continue coverage of the Hospitals of Ontario Pension Plan and all employees enrolled in the 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 as a condition of employment enrol in the plan when eligible in accordance with its terms and conditions

(e) The Hospital will provide the Hospitals of Ontario Disability Income Plan for all eligible employees paying seventy-five percent (75) of the billed premium towards coverage of eligible employees in the active employ of the Hospital under the Long-term Disability portion of the Plan providing the balance of the monthly premium is paid by the employee through payroll deduction

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

34

(f) The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

2302 Benefits on Early Retirement

The Hospital will provide equivalent coverage to all employees who retire early and have not yet reached 65 and who are in receipt of the Hospitals pension plan benefits on the same basis as is provided to active employees for semishyprivate extended health care and dental benefits The Hospital will contribute the same portion towards the billed premium of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees The early-retired employees share towards the billed premiums of the insured benefit plans will be invoiced and must be pre-paid on a monthly basis Employees who are delinquent beyond 30 calendar days will have their benefit coverage terminated

ARTICLE 24- PART-TIME PERCENTAGE IN LIEU OF BENEFITS

2401

2402

a)

Part-time employees not enrolled in the pension plan will receive 13 percent and part-time employees who are enrolled in the pension plan will receive 9 percent inshylieu of benefits

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of participating eligible Part-Time employees in the active employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrollment requirements Part-Time employees who may opt for the following benefit package which includes Statutory Holidays(2108( a)) and Floating Holidays(2108(b )) will forego their percentage in-lieu of for benefits The Part-Time Benefit Package includes the following

Customized Group Life Insurance amp Accidental Death amp Dismemberment

The Hospital agrees to contribute one hundred percent (1 00) of the billed premium toward coverage of eligible Part-Time employees in the active employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan

)

35

(b) Customized Voluntary Life Insurance

Part-Time employees enrolled in (a) above have the option of purchasing voluntary life insurance at their own expense

(c) Modified Sick Leave Plan

The Hospital agrees to provide a modified sick leave plan to Part-Time employees in the active employ of the Hospital which will allow Part-Time regular employees to accumulate 15 days (1125 hours) of paid sick leave for each 1625 hours worked to a maximum of 5625 hours These hours are not paid out on termination of employment nor are they transferable

(d) Health Care Benefits

The Hospital agrees to pay seventy-five percent (75) of the billed premium towards coverage of eligible Part-Time employees in the active employ of the Hospital under a dental plan equivalent to the Blue Cross No 9 Plan (based on the current ODA fee schedule) providing the balance of the monthly premium is paid by the employee through payroll deductions

The Hospital agrees to contribute seventy-five percent (75) of the billed premium towards coverage of eligible Part-Time employees in the active employ of the Hospital under a plan equivalent to the Blue Cross Extended Health Care Plan ($1500 single$2500 family deduction) as it exists at the date of the execution of this Collective Agreement providing the balance of the monthly premium is paid by the employee through payroll deductions

The Hospital agrees to pay one hundred percent (100) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the Blue Cross Semi-Private Plan or comparable coverage with another carrier

ARTICLE 25- NO CONfRACTING OUT

2501 The Hospital shall not contract out any work usually performed by members of the bargaining unit with the intention of laying off any employees _Contracting out to an Employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid off is not a breach of this provision

2502 (a)

36

Group Unit or Team Leader

Whenever a technologist is assigned additional responsibility to direct supervise or oversee work of technologists andor be assigned overall responsibility for the operations of the department during an evening night or weekend shift she shall be paid a premium of sixty cents (60) per hour in addition to her regular salary and applicable premium allowance

(b) Responsibility Pay

Where the Hospital assigns a Registered Technologist to the duties and responsibilities of the department manager such employee shall receive an additional one dollar and twenty-five cents ($125) per hour for each full shift of such assignment This premium shall not be pyramided with other premiums nor shall it form part of the employees regular straight-time hourly rate of pay

(c) Ultrasound Technologist

The Hospital reserves the right to rotate the employees classified as ultrasound technologists into all regular radiology technology functions and to determine the number of employees to be classified as ultrasound technologists at any one time

Radiology technologists with the appropriate certification that are assigned by the Hospital to perform ultrasound duties in the absence of the ultrasound technologist for one (1) full shift or more will receive the ultrasound wage differential of$060 cents per hour In order to maintain skills the Hospital will ensure that the secondary Technologist averages no less than twelve (12) hours per month in Ultrasound at the differential of$060 cents per hour

ARTICLE26-GENERAL

2601 The Employer will share with the Union on an equal basis the cost of printing the Collective Agreement

2602 The Employer shall provide a Union bulletin board The Union shall have the right to post notices of meetings and such other notices as maymiddot be of interest to the employees on such bulletin board provided that all such notices are submitted to the administration for approval before posting All out dated notices shall be removed by the Union forthwith

37

2603 The Employer agrees to continue its present practice with respect to the provision and laundering of lab coats for the duration of this Agreement

2604 Termination of Employment An employee may resign on giving the Employer two (2) weeks previous notice

The employee may resign on giving the Employer in writing notice ofhisher intent in accordance with the following schedule

up to four( 4) years service middottwo (2) weeks notice

more than four (4) and up to ten ( 1 0) years of service - four ( 4) weeks notice

more than ten (1 0) years -eight (8) weeks notice

Where an employee is dismissed for cause or fails to comply with this Article such employee shall not be entitled to vacation with pay credits other than subject to the provisions of the Employment Standards Act

2605 Health Examinations

When required by the administration the employees will submit to a physical examination stool examination andor culture including laboratory test x-rays inoculations and vaccinations it being understood that the expense of such shall be borne by the Hospital and without limiting the generality of the foregoing the employees agree to submit to any examination required from time to time by the Public Hospitals Act and amendments thereto andor regulations passed thereunder

2606 Workers Safety Insurance

In the case of an accident which will be compensated by the Workers Safety Insurance Board the Employer will pay the employees wages for the day of the accident

2607 Technological Change

The Hospital undertakes to notify the Union in advance so far as practicable of any technological changes which the Hospital has decided to introduce which will significantly change the status ofthe technologist within the bargaining unit

38

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

Technologists who are subject to layoff due to technological change will be given notice of such layoff at the earliest reasonable time and in keeping with the requirements of the applicable legislation and the provisions of Article 14 will apply

Where computers are introduced into the workplace and technologists are required to utilize those computers in the course of their duties the Hospital agrees that necessary computer training will be provided at no cost to the technologists involved

ARTICLE 27- TERMINATION AND RENEWAL

270 l This Agreement shall be in effect until March 31 2002 and shall continue in effect on a yearly basis if notice is not given under this Article

bull 39

IN WITNESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this ____ day of _______ 19

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

SERVICE EMPLOYEES UNION LOCAL 478 PARAMEDICAL AFL CIO CLC

middotmiddot

39

IN WI1NESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this x J day of Gs UIHZ Y )Iff C2Pt0

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

Settlement 100 REGISTERED TECHNOLOGIST Wage Schedule Aprill 1999 to September 30 1999

Classification Full Monthly Time Rate

Hourly Rate

Start $1749 $284264

Year2 $1921 $312166

Year4 $2092 $339903

Year$

Year6 $2262 $367640

Year 8 $2433 $395377

SCHEDULE A

Annual Part Salary Time

Hourly Rate

$34112 $1749

$37460 $1921

$40788 $2092

$44117 $2262

$47445 $2433

Monthly Rate

$284264

$312166

$339903

$367640

$395377

37

2603 The Employer agrees to continue its present practice with respect to the provision and laundering of lab coats for the duration of this Agreement

2604 Termination of Employment An employee may resign on giving the Employer two (2) weeks previous notice

The employee may resign on giving the Employer in writing notice ofhisher intent in accordance with the following schedule

up to four( 4) years service middottwo (2) weeks notice

more than four (4) and up to ten ( 1 0) years of service - four ( 4) weeks notice

more than ten (1 0) years -eight (8) weeks notice

Where an employee is dismissed for cause or fails to comply with this Article such employee shall not be entitled to vacation with pay credits other than subject to the provisions of the Employment Standards Act

2605 Health Examinations

When required by the administration the employees will submit to a physical examination stool examination andor culture including laboratory test x-rays inoculations and vaccinations it being understood that the expense of such shall be borne by the Hospital and without limiting the generality of the foregoing the employees agree to submit to any examination required from time to time by the Public Hospitals Act and amendments thereto andor regulations passed thereunder

2606 Workers Safety Insurance

In the case of an accident which will be compensated by the Workers Safety Insurance Board the Employer will pay the employees wages for the day of the accident

2607 Technological Change

The Hospital undertakes to notify the Union in advance so far as practicable of any technological changes which the Hospital has decided to introduce which will significantly change the status ofthe technologist within the bargaining unit

38

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

Technologists who are subject to layoff due to technological change will be given notice of such layoff at the earliest reasonable time and in keeping with the requirements of the applicable legislation and the provisions of Article 14 will apply

Where computers are introduced into the workplace and technologists are required to utilize those computers in the course of their duties the Hospital agrees that necessary computer training will be provided at no cost to the technologists involved

ARTICLE 27- TERMINATION AND RENEWAL

270 l This Agreement shall be in effect until March 31 2002 and shall continue in effect on a yearly basis if notice is not given under this Article

bull 39

IN WITNESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this ____ day of _______ 19

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

SERVICE EMPLOYEES UNION LOCAL 478 PARAMEDICAL AFL CIO CLC

middotmiddot

39

IN WI1NESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this x J day of Gs UIHZ Y )Iff C2Pt0

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

Settlement 100 REGISTERED TECHNOLOGIST Wage Schedule Aprill 1999 to September 30 1999

Classification Full Monthly Time Rate

Hourly Rate

Start $1749 $284264

Year2 $1921 $312166

Year4 $2092 $339903

Year$

Year6 $2262 $367640

Year 8 $2433 $395377

SCHEDULE A

Annual Part Salary Time

Hourly Rate

$34112 $1749

$37460 $1921

$40788 $2092

$44117 $2262

$47445 $2433

Monthly Rate

$284264

$312166

$339903

$367640

$395377

38

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

Technologists who are subject to layoff due to technological change will be given notice of such layoff at the earliest reasonable time and in keeping with the requirements of the applicable legislation and the provisions of Article 14 will apply

Where computers are introduced into the workplace and technologists are required to utilize those computers in the course of their duties the Hospital agrees that necessary computer training will be provided at no cost to the technologists involved

ARTICLE 27- TERMINATION AND RENEWAL

270 l This Agreement shall be in effect until March 31 2002 and shall continue in effect on a yearly basis if notice is not given under this Article

bull 39

IN WITNESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this ____ day of _______ 19

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

SERVICE EMPLOYEES UNION LOCAL 478 PARAMEDICAL AFL CIO CLC

middotmiddot

39

IN WI1NESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this x J day of Gs UIHZ Y )Iff C2Pt0

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

Settlement 100 REGISTERED TECHNOLOGIST Wage Schedule Aprill 1999 to September 30 1999

Classification Full Monthly Time Rate

Hourly Rate

Start $1749 $284264

Year2 $1921 $312166

Year4 $2092 $339903

Year$

Year6 $2262 $367640

Year 8 $2433 $395377

SCHEDULE A

Annual Part Salary Time

Hourly Rate

$34112 $1749

$37460 $1921

$40788 $2092

$44117 $2262

$47445 $2433

Monthly Rate

$284264

$312166

$339903

$367640

$395377

bull 39

IN WITNESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this ____ day of _______ 19

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

SERVICE EMPLOYEES UNION LOCAL 478 PARAMEDICAL AFL CIO CLC

middotmiddot

39

IN WI1NESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this x J day of Gs UIHZ Y )Iff C2Pt0

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

Settlement 100 REGISTERED TECHNOLOGIST Wage Schedule Aprill 1999 to September 30 1999

Classification Full Monthly Time Rate

Hourly Rate

Start $1749 $284264

Year2 $1921 $312166

Year4 $2092 $339903

Year$

Year6 $2262 $367640

Year 8 $2433 $395377

SCHEDULE A

Annual Part Salary Time

Hourly Rate

$34112 $1749

$37460 $1921

$40788 $2092

$44117 $2262

$47445 $2433

Monthly Rate

$284264

$312166

$339903

$367640

$395377

39

IN WI1NESS WHEREOF each of the parties have caused this Agreement to be signed by their duly

authorized officers or representatives this x J day of Gs UIHZ Y )Iff C2Pt0

ST JOSEPHS GENERAL HOSPITAL ELLIOT LAKE

Settlement 100 REGISTERED TECHNOLOGIST Wage Schedule Aprill 1999 to September 30 1999

Classification Full Monthly Time Rate

Hourly Rate

Start $1749 $284264

Year2 $1921 $312166

Year4 $2092 $339903

Year$

Year6 $2262 $367640

Year 8 $2433 $395377

SCHEDULE A

Annual Part Salary Time

Hourly Rate

$34112 $1749

$37460 $1921

$40788 $2092

$44117 $2262

$47445 $2433

Monthly Rate

$284264

$312166

$339903

$367640

$395377

Settlement 100 REGISTERED TECHNOLOGIST Wage Schedule Aprill 1999 to September 30 1999

Classification Full Monthly Time Rate

Hourly Rate

Start $1749 $284264

Year2 $1921 $312166

Year4 $2092 $339903

Year$

Year6 $2262 $367640

Year 8 $2433 $395377

SCHEDULE A

Annual Part Salary Time

Hourly Rate

$34112 $1749

$37460 $1921

$40788 $2092

$44117 $2262

$47445 $2433

Monthly Rate

$284264

$312166

$339903

$367640

$395377

Settlement 100 SCHEDULE A-1 ULTRASOUND TECH Wage Schedule April 1 1999 to September 3 0 1999

Classification Full Monthly Annual Part Monthly Time Rate Salary Time Rate

Hourly Hourly Rate Rate

Start $1809 $294014 $35282 $1809 $294014

Year2 $1981 $321916 $1981 $321916

Year4 $2152 $349653 $41958 $2152 $349653

Year6 $2322 $377390 $45287 $2322 $377390

YearS $2493 $405127 $48615 $2493 $405127

Settlement 100 SCHEDULE B REGISTERED TECHNOLOGIST Wage Schedule October 1 1999 to March 31 2000

Classification Full Monthly Annual Part Monthly Time Rate Salary Time Rate

Hourly Hourly Rate Rate

Start $1767 $287106 $34453 $1767 $287106

Year 2 $1940 $315287 $37834 $1940 $315287

Year4 $2113 $343302 $41196 $2113 $343302

Year6 $2285 $371316 $44558 $2285 $371316

YearS $2457 $399331 $47920 $2457 $399331

Settlement ULTRASOUND TECH Wage Schedule October 1 1999 to March 31 2000

Classification

Start

Year2

Year4

Year6

YearS

100

Full Monthly Time Rate

Hourly Rate

$1827 $296856

$2000 $325037

$2173 $353052

$2345 $381066

$2517 $409081

Annual Salary

$35623

$39004

$42366

$45728

$49090

SCHEDULE B-1

Part Monthly Time Rate

Hourly Rate

$1827 $296856

$2000 $325037

$2173 $353052

$2345 $381066

$2517 $409081

Settlement REGISTERED TECHNOLOGIST Wage Schedule Aprill 2000 to September 30 2000

Classification

Start

Year 2

Year4

Year6

Year 8

bull

100

Full Monthly Time Rate

Hourly Rate

$1784 $289977

$1960 $318440

$2134 $346735

$2308 $375030

$2482 $403324

SCHEDULE C

Annual Part middot Monthly Salary Time Rate

Hourly Rate

$34797 $1784 $289977

$38213 $1960 $3)8440

$41608 $2134 $346735

$45004 $2308 $375030

$48399 $2482 $403324

Settlement 100 SCHEDULE C-1 ULTRASOUND TECH Wage Schedule Aprill 2000 to September 30 2000

Classification Full Monthly Annual Part Monthly Time Rate Salary Time Rate

Hourly Hourly Rate Rate

Start $1844 $299727 $35967 $1844 $299727

Year2 $2020 $328190 $39383 $2020 $328190

Year4 $2194 $356485 $42778 $2194 $356485

Year6 $2368 $384780 $46174 $2368 $384780

YearS $2542 $413074 $49569 $2542 $413074

Settlement 100 SCHEDULE D REGISTERED TECHNOLOGIST Wage Schedule October 1 2000 to March 31 2001

Classification Full Monthly Annual Part Monthly Time Rate Salary Time Rate

Hourly Hourly Rate Rate

Start $1802 $292877 $35145 $1802 $292877

y~~

Year 2 $1979 $321625 $38595 $1979 $321625

i-

Year4 $2155 $350202 $42024 $2155 $350202

Year6 $2331 $378780 $45454 $2331 $378780

Year 8 $2507 $407357 $48883 $2507 $407357

Settlement ULTRASOUND TECH Wage Schedule October l 2000 to March 31 2001

Classification

Start

Year 2

Year4

Year6

YearS

100

Full Montllly Time Rate

Hourly Rate

$2039 $331375

$2215 $359952

$2391 $388530

$2567 $417107

Annual Salary

$36315

$39765

$43194

$46624

$50053

SCHEDULE D-1 I

Part Montllly Time Rate

Hourly Rate

$1862 $302627

$2039 $331375

$2215 $359952

$2391 $388530

$2567 $417107

Settlement 200 SCHEDULE E REGISTERED TECHNOLOGIST Wage Schedule April 1 200 1 to March 31 2002

Classification Full Monthly Annual Part Monthly Time Rate Salary Time Rate

Hourly Hourly Rate Rate

Start $1838 $298735 $35848 $1838 $298735

Year]middot

Year2 $2019 $328057 $39367 $2019 $328057

t

Year4 $2198 $357206 $42865 $2198 $357206

Yecn~Sl

Year6 $2378 $386355 $46363 $2378 $386355

YearS $2557 $415505 $49861 $2557 $415505

Settlement ULTRASOUND TECH Wage Schedule April 1 2001 to March 31 2002

Classification

Start

Year2

Year4

Year6

Year8

200

Full Monthly Annual Time Rate Salary

Hourly Rate

$1898 $308485 $37018

$2079 $337807 $40537

$2258 $366956 $44035

$2438 $396105 $47533

$2617 $425255 $51031

SCHEDULE E-1 I

Part Monthly Time Rate

Hourly Rate

$1898 $308485

$2079 $337807

$2258 $366956

$2438 $396105

$2617 $425255

Letter of Undentanding

between

St Josephs General Hospital Elliot Lake

and

Service Employees Bargaining Unit Local478 Paramedical Group

The parties agree to the following

1 To continue to allow the present Manager of the Radiology Department Mr Robert Dennis to continue to perfonn all duties nonnally perfonned by members of the bargaining unit who are assigned to the Radiology department

2 Once Mr Dennis has resigned or retired from his position supervisors or managers who are excluded from the bargaining unit shall not pelfonn duties nonnally pelfonned by members in the bargaining unit

3 That this Letter of Understanding will remain in place attached to the collective agreement without a requirement for renewal until Mr Dennis either resigns or retires from his current position in the Radiology department

pamdennisbob

bull Letter of Understanding

between

St Josephs General Hospital EUiot Lake

and

Senriee Employees Bargaining Unit Loeal478 ParamedicaJ Group

The parties agree that if a new nonnal daily tour is to be introduced other than the current 75 hour tour as set out in Article 16- Hours ofWork that it will not be a violation of this Article

The Hospital agrees to meet with the parties and

a middot to provide the members who will be affected by the new tour with reasonable notice of the introduction of the new tour length and

b) also to provide them with an explanation for the introduction of the new tour length

pamcontract98

bull Letter of Understanding

between

St Josephs General Hospital EUiot Lake

and

Senriee Employees Bargaining Unit Loeal478 ParamedicaJ Group

The parties agree that if a new nonnal daily tour is to be introduced other than the current 75 hour tour as set out in Article 16- Hours ofWork that it will not be a violation of this Article

The Hospital agrees to meet with the parties and

a middot to provide the members who will be affected by the new tour with reasonable notice of the introduction of the new tour length and

b) also to provide them with an explanation for the introduction of the new tour length

pamcontract98