COLLECTIVE .AGREEMENT

·between-

RIVER GLEN HAVEN NURSING HOME

CANADIAN UNION OF PUBLIC EMPLOYEES and its LOCAL 2730 (Part-Time}

EXPIRY DATE: March 311 2014

.

TABLE OF CONTENTS

J.\RTICL:E ll '" Si'iNJORtTY ·~•-!-I'!'HHn•n~H•••n~·,.~·~•••••••n<"">->'u,.'•H•n•••·•••••~• .. ••••n>-"'•••HHo•••>u••••h>IHi:OO<H4IIUHH¥H•HHO•Hh•l~h1ill

ART1CL'E' 12 "' PROMOTJONS-AND STAfF CHANGES hH!,.uu-~uu .. uHolH<HOUOUU•nuohiUU>u'hi••nu•o•uOi•o"llhHH~HH<Hounull3

ARTiCLE 1.~..,. LAYOFF$ANO RECAJ.L,,,,~·••H•<>•>•J<~•~•••n<>'~.,.;,h••••d•>•h~H••••HOii'o-<o•iu~ii• .. •••••~••••••••"'h•'i"'''""-'"''•••~•·~~-•»"•~~"'"'15

ARTIC!.l: 19 " lEAVE O:F ABSENCE •••••••• H .. n•uuoH->HH>->-u4•••·•-·•Hn,HH••·~ ..... .-.u ......... ,.~ ... u • ._ .... un-'••uuo.-H••••-.··"Hnh•u•"'•""•24-

ARTICLE. 2-Q '" PAYMlSNT OF WAGE$ ••~•••••"'•"'•"u<~«U•••••~••••••••HH<>'OH<H'-~••u•<HOH"--'•U\uu~>u•~~.o••n•~nun••'••••~••<nH•"''''¥U•••2S

Aliti!.CLE 23 • NO CONTRAcTING 01' WORK ......................................................... ,.. .............................................. 2S

CUPE LOCAL2730 (Part·Tfme) AND RIVER GLEN NURSING HOME COLLECTIVE AGREEMENT EXPIRY: MARCH 311 2014

ARffC:LE 27 ~ OCCUPATJONAl H£Alt"H AND SAFtrf •••u•~ ...... ~._.h,uu,-o-uH•u••~u.;.uJttt!lug~unun~'n•tl•>•oHn•••••uh .. u-u·~·2'9

AR'fJ([.i£ 2:9 "" TERMINA 'f10N ~"•-••••• •H•~~·•~ .. H''' ••••••"•••n••~•h•<>n••u .~.-.••~•••••'••~nH:<•••••!••~•·•••·~·••·novu•H••«•"-•~••~b•• ••H••••••••~><o:3 2

ClJPE LOCAL :mo (Part:·llme) AND RlVER GLEN NLRSING HOME COLLECTlVE AGREEMENT EXPIRY: MARCH 31, 2014

1.01

.RIVER GLEN HA'\JEN 'l:ro'RSING HOME {h•:~:einafter refer ted. to as the fiEmployer") 0!' T!:lE FIP.S'JJ PAR'l'

'l::SE Cl%li:l<.tttlil.N 'ONION OF PUBLIC EW>LOY1!1ES and its LOOU. 27ll0 (pa:rt~time unit) (.hereinafte:t: referred to as the nt;rn:l.on"} 0!' THE SECOND P~T

(a)

(l:>)

{o)

The Onion :t:ecognizes and acknowledges that the management of the Nursing Rome and the direction of the woxking force ate fixed exclu:sively with the 'Employer and >vithout restricting the generality ofthe foregoing, the Oniop acknowledges that is the exclusive function of the Employer to;

maintain ordex and efficiency;

hire, promote,. demote, classify, t.ranafet employees an.d to suspend, discipline or d.ischa:r~e an employee for just aause p:r:ovided that a claim by an employee that he has been suspendedr di!'lciplined or discharged without ju<>t cause may be the sUbject a grievance and dealt with as hereinafter pr<:>vided;

make, enforce and alter1 from time to t

reasona.bl<i! written rules and regulations observed by the employees

' to be

The Employe.r agrees that these i;l.:mctions shall be exercised in a fair and reascnal:lle rr.anner, and

th~>y ,;;hall be exercised in a manner consistent with the te>:ms of this Collective> Agreement.

CUPE LOCAL 2730 (j;laJt-lime) AND RIVER GLEN NURSING HOME COLLECTIVE AGREEMENT EXP!RY: MARCH 31, 2014

A.R;I'ICJ:.m 2

i!. Ol

4.01

4.03

Bug:a,in:i.ng;. trnit

The Employer recognizes the Union as the sole and exclusive bargaining agent of all employees of River Glen Haven Nursing Home at sutton, Ontario, employed for less ,;leventy-five {75) hours bi-weekly and students employed during the school vacat period, save and e~cept professional medical staff, registered and graduate nurses, technical personnel, office staff, supervisors and persons above the rank of supervisor and persons e!i!J.?loyed for more than :seventy-five h,ours hi­weekly.

No Other ~gre~ents No employee shall he requi.red or perroi.tted to make a wri.tten or verl:lal agreement with the Employer or his repr!11sentati ves which may conflict t·ri th the terms this Collective 1\greement.

The Employer and t.!le Union agree that there shall be no discrimination by reason of age, race, CJ::€H~d, colour, national origin, political or religious affiliation, sex or ma:dtal status contrary to the HU.1lan Right/5 CDde, nor by .reason of :naemb9rship or lawful activity in the Uni<:m acco:t;c\ing to the Onta.r.io La.!:>otlt' .rel!'lti.ons ,fl.ct.

UNION Sli!Ci.nU'.rY ---~

On co..rumencing employment, the new employee shall be informed of the existence of tbe Union and be given n<mle of the Local President and Chief Steward ..

All employees who are, or who become, members of the union shall be xequired to maintain membership in the Onion as a condition of their continued employment except that the Union :!ilhall not reqrJire the Employl':lr to discharge any such employee because.h? has been expelled or suspended from :meltlbership for any o.f t.he reasons provided under Section 45(2) of the Labour Rel<~tions Act, fLS.o. 1990, CL2,. S .. 42.

Work of the Barga:l.n:ln~ trn.:t t

P!i!rsons t·rhos1t j cbs (paid o:r uttpaid) who ;:n;e not in the bargaining un.it shall not work on any jobs

CUPElOCAL :!730 (Part-Time} AND RIVER GLEN NURSING HOt.I!E COLlECTIVE AGREEMENT EXPIRY: MARCH 31, 2014

,U,'l'XC!.E.. S

5.01

6.01

7.01

7 .. Oli!

'i'. 03

which are included in the barga.ining unit, except !or the p11rposes of instruction, experimentation, or in enl.ergenoies until regular employees ax·e available.

9hec~-O££ Payments

The Employer shall deduct from every employe,;;, monthly clu111s as ara autho:dlted by the Union.

bedU¢tiol'la

Deductions l'lhall be made fron1 the second payroll pedod of each month and shall be forwarded to the National Secretarv-Treasurer of the Union not la.ter than the fifteenth (15th) day of the next month, accompanied by a list of the names of employees from whose ~~a9es the deductions have been made. Such list will specify whether the employee is full-time ot part-time.

Dues Receipts

.t>t the same time that the Income Tal\: (T-4) slips are made available1 the Employer shall supply each employee, receipts in the amount of union dues paid by each union member in the previous year.

Correspondence between the parties shall between the Administr<:~to..r or her designate and the secretary of union.

:RE!lpresentation No emplO'Ifee or group of .employees shall undertake to represent the Union at meetings ><lith the .Employer vlithout p.ro!;Jet authorization of the Ortion. In order that thi.s mav be carried out, the un.ion will supply the Employex v1ith the names of its officere an<:\ stewards with whom the union lnay be required to transact business.

Union Bargl1!ining Committee shall be.appointed artd consist of not more than two (2) mei!'!bers of: the Union. The Union will advise t.he ~mpioyer in writing the Union nominees to the .committe.e,

During the term of this Agreement, the Employer agrees there will be no lockout and the union

CUPE LOCAl 2:730 (Part•Time) AND RIVER GLEN NURSING HOME EXPIRY; MARCH ~11 2:014 COLLECTIVE AGREEMENT

7.04

7.05

ILOl

ELO.ll

aarees there will be no strike. The definition of " the termJS "strike" and "lockout" shall be in

accordance with the Ontario Labour Relations Act, R.S.O. 1990, CL 2, S.45 Hl revised, as amended from time to tirrte.

:111.epresi!!lnt:ative of C:anadi.an Union

The Union sha.ll have the right to have the aMistance of zepresentatives of the cano!ldian Union cf Public Employees when dealing or negotiating with the Employer.

There shall be a Lab<:>ur Managerrtent Committee c¢nsisting of three (3) Union members and equal representation of Management who will meet as required, but at least once in two (2) rrtonths, to discuss matters not directly covered by this Collective Ag.r:eem<ent. Issues relating to work load can also be discussed at such meet:ingli!.

l?a.rties agree to discuss benefits Management Committee.

Election of Stewards In order to provide an orderly and spee.dy p:cocedure the settling of grievances, the Employer ack.rrowledges the right the Union to appoint or elect stelvards,

Names of Stewards

The Union shall n<.>tify the Employer in 1.;riting of the names of each Steward and the department(s) she represen.ts and the name of the Chief Steward before the Employer shall be required to recognize l:dm.

l?e:t:m:i.e:;:i.on to Lea·ve WQrk

'rhe Union recognizes th.at each steward is employi'ilct by the Employer and that she will not leave her work during working hours except to perform her duties under this Agreement. The right of a steward to leave het work i!S granted ot1 the :follotdng oonditiqns:

(a) The stewal:'d shall obtain permission of her immediate supervisor before leavinog her work station. Such permission shall not be unreasonably withheld.

CUPE lOCAL 2730 (Part-Time) AND RIVER GLEN NURSING HOME COU.EC11.VE AGREEMENT EXPIRY: MARCH 31, 2014

(b)

!L 05

St~p No. 3

The Steward's time off shall be devoted to the pro~ot handling of grievances and shall, except for meetings with Management, be limited to fifteen (15) minutes unless fu:r.·ther pex:mission i.s obtained from the supervisor,

Oii~ifinition of G;r;:ie'ITanoes

A q:devance shall be dii:f:l.ned as any dispute arilling out of the intet:pretaticm, application, admini.stratit>n or alleged violation of the Collecti 'Ita Agreement o.r a claim by an €rnployee that she has been unjustly disciplined or discharged. The grieva11ce musts be presented within seven ( 7} ;7orking days of the empl¢yae b$COming aware of the event.

Siatltl.insr of Griev.ano<;;~f!

An earnest effort shall be made to settle grievances fairly and promptly in the followins manner:

The aggrieved employee shall present her grievance to in:unediate supervisor, She shall have the as$istance of her stElward if she so desires. The supervill!cr shall give her oral decision within three {3) working days follol>rinlj the if>resentation ot the grievance to her, lf the su!;lervisor's dl:lcision is not satisfactory to the enrplcyee concerned, then the grievance may be presented as follows:

Within three (3) working days after the deehi<m given in Step ;L, the aggrieved employee may, with her stewatd 1 present the grievanc~ "''hich shall be reduced writin~ on a form supplied by the tlnion to the Department Head, ;.;rho shall consider it and render her decision in writing within thrM (3) working days following the presentation o.f the grievance to het. If a settlement satisfactory to the empl<:;>yee concerned is not reached, then the grievance may be presented as follows:

Within thrM (3) working days after the deGision 9i '!len in Step 2, the aggrieved employee l'i"<!iY submit her grievance to th<J~ .Ad:rninist:rator a.nd the employee accompanied by the Union, shall meet to ooll:Sider the <;rrievance. The Administrator tvill

retl.der he:c deoiaion in writing vzithin fourteen ( 14) days following such meeting.

Failing sat!stactory settlement being reached St<l!p 3., the Union :may refer the dispute to arbitration.

CUPELOCAL Z73lJ (Part-Time) AND IUVER GLEN NURSING HOME COLLECTIVE AGREEMEtrr EXPIRY: MARCH 31, 2014

Page a of 34

iLOG

8.07

EL09 (a)

8.09 (b)

9.01

9.02 a}

Wh~re a dispute involving a question of general application or interpretation occurs, <>r where a group of employees, the Union o:r the Employer has a g:tievance, Steps 1 and 2 of th:l. s Article may be by-passed. In the case of an Employer grievance, this grievance shall be filed with the Secretary­Treasurer ,;,f the Union or in the case of a Union grievance or group gdeva.nae, with the Admit1istrator.

Suppl~entary ag.ree¢<;nl;e 1 if any, ehall form part of this Agreement at1cl are subject to the gd!llvance and arbitration procedures.

Any such Agre!llment must make sp.ecifio references tc this Article, L e. S. ()7.

For t:he purposes of 1-..rt:icle S, 9, and .10, a wo:rfdng day shall \'!)<elude Saturday, surtday and Statutory Holidays.

~~ employee, subject to disciplinary action, shall have the right, if she so requests, to the pre$ence .<:llf the Onion steward o;r Onion committee member, or either of the abov,e are not aviililsble, a member repref)entative of tne employee's choice who is w<:llrkihg on the current i!hi.ft.

A.t all J>teps of grievance procedu:r:e, an aggrieved employee J>hall have the dght to be accompanied and represented by a representative of the Onion, incli.v:lin\;.1 at Step 3, the c. u, l?, B. National Staff Representati"<re.

the parties agree that all matters not settled at Step 3, may be referr!i!d to a sol$ arbitrator. The parties .may ho-.1ever agree to submit the matter to a Board of Arbit.ri;l<ti.on, which c<>se A:.;ticles 9.02 a} i!lnd bJ will app1y.

C!:!!!Posi tion of Boe:re Qf Arb:i t;r.-;;d::ion

>lfhen either party requests that a {;lrievance be submitted to arbitration; the :requeet ehall be made by mail addressed to the other party o! the Agreement indicatin.g the name of itS'· m:>minee on an arbitration board. Wit.h.i.n fifteen (15) ~~<!rking

t.'1JPE LOCAL 2730 (Part·Tlme} AND RIVER GlEN NURSING HOME COLLECTIVE AGREE:~1ENT S<PlRY: MAACH 31, 2014

9 .• 02 b)

!L04

9.06

10.01

10 •. 02

(1)

(2}

days thereafter, the other party shall answer by re<;~istered maU, indic;ating the name and address of its nominee to an arbitration board. The two (2} nominees shall then meet to select an im:pa:rtial chairman.

Decision of tba Soard.

The decisicm of the majority shall be the decision of the Board. Wher® there is no majority decision, the decision of the chairman shall be the decision of the Board. The decision of the Board of Arbitration shall be final and binding and enforceable on all parties.

The Arbitratqr, or the Board of Arbitration, as the case !\laY be, shall not have any power to alter o;r: change any of the provisions of this agreement or substitute a,ny new provision for any existing provision$, nor to give any d<~cil!lion inconsistent with the terms and Provisions of thill:l Agreement. -

!:!;pens"'~; of the Sole Arhi,trat;or/Boarcl. of Arbitration

Each party sha.ll pay: the fees al:ld expenses of the nominee al:Jpoints;

one-half ( 1/2) of the fees and expenses of the chairperson,

All!et14;l.ng of !:i.'iljle X.imi g_ The time limits fixed in both the grievance and arbitration p.rocedure,s may be extended by mutua.l consent thi! partie:s.

Either party !\lay a:pply for arbitration uru::ler Section 46 of the Ontario Labour Relations Act, aa <H1 alt:ernati ve to the steps outlined above,

ll.n employee who has completed his propationa.ry period may he discharged or suspended1 but <mly for just cause and only upon the ,authority of the l!:mployer or hies designate. Si.<ch employee and the !Jnio.n shall be advised promptly writing by the Employer of such dischzn:·ge or suspeMion.

A o1aim by an employee who has completed the probationary period that she has been discharged

CIJPE LOCAL 2730 (!'art•11me) AND RiVER Gl.EN NURSING HOME COLLECTIVE AGREEMENT EXPIRY: MAR.Cii 31, 2014

Page 10 of 34

10. 04 (a)

(b)

10. 05 (Ol,)

(b)

ll.Ol (a)

or suspended ~rithout just cause shall be treated as a grievance if a written statenl<mt of such grievance is lodged with the Department Head at Step 2 of the grievance procedure within three (3} working days a.ft10r the emplO)(ee is suspended o.r ceases working for the Employer.

Discharge or suspension gri.evances may be set.tl.ed by confirming the Employer's action in dismissing or suspending the employee, by re.instating the employee t~nd making her whole in all re:llpects, or in any other manner which is just and equitable in the opini.on of the parties or the Board of Arbitration as the case may be.

An employee shall be notified in writing of any expression of dissatisfaction toncern.ing her work which the Employer inten.ds placing on her record, >vithin thirty {30) working days of the event of the complaint.

Any response by the employee will abo be placed in the employee's xacord.

No offense shall be used against an empl.oyea, in support of furth€:c: disoiplinary action, after eighteen (18) months, providii;d that the employee has had a clear record of discipline for that ei<;Jhteen (li'l} .month period.

Employees may revie•.-r their pe.rsonnel files t\10 {2) time$ per year provided the request is put in writing. such .review shall be done on the err,ployee'.s own time. The employee may be accompanied by a !Jnion·steward providing this is also on union steward's own time.

SEmio:rity Defined

Seniority is defined as the length of continuous service in the bargatning unit .<~nd shall be used

determining preference or p.:t:iority for promotions, trans.fers, demotions, layoffs and recall, providing the senior person has the qualifications and abilitY to perform the work involved. Seniority shall operate on a ba:t:gaining~unit-wide basis.

(b) For all purposes of determining seniority under this Agreement, sliltd.ority :t:or part-t.ime el11f>loyees shall be based on actual hours paid, i,e. 1950 equals on(!) ( 1) year of seniority.

CUPE LOCAL ?730 (Part• lime) AND RIVER GLEN NURSING HOME COLLeCTIVE AGREEMENT t:XPIRY: MARCH 31, 2014

11.02

11.03

ll.04

senioritx.P~

The Employer shall maintain a seniority list showing the date upon which each employee's service commenced. An up-to--date !;leniority li.st si1all be provided in January and July of each year.

The part··time seniority list shall set out the ",paid hours" wo;:;ked by a pa;:;t·•time employee.

Pzol::>ation for: Newly '!'!bed li:lnployees

A newly hired employee shall be on probation until they ha\'e completll'd four hundrl'ld and fifty { 450) hours worked from the date of last hi;:;e. ouring the probationary period, the Employer will kf1lep the employee regularly apprised of her progxess and shall be entitled to all rights and provisions of this Collectivs Aq:reement, unless othe.tv:ise specified. 'rhe termination of s probationary employee carn"lot be the subject of grievance or arbitration provided termination has not been dotte in an arbitrary or discr],minatory manner. After completion of a probationary period, senio.rity shall be effectivill from the last date of hire.

Loss .. cf Seniority

seniority shall t•erminate and an employee shall cease to be employed by the Employer when:

(l) She is dischax\jed for just cause and is not reinstated;

(2) She voluntarily quite her employment with the Employer:

(3) She is absent from work excess of two (2) working days without s\lfticient cause or without notifying the Employer unless such notice was not reason<tbly possible;

(II) She to return to work within three {:9)

calendar following a layoff after being notified by registered mail to do ,so unless through sickness or other just cause. . It: shall be the responsibility of the amployee to keep the Employer informed of her current address;

(!:ll She is laid off for a pe:ciod longer than twenty-four {24) months;

CUPE LOCAL :mo (Parte-Time) AND RIVi:R GLEN NURSING HOT4E COLLEC11VE AGREEMENT EXPIRY: MARCH 311 2014

Page 12 of 34

11.0$

{a)

{b)

M'.flCLE 12

12.01

12.02

(6) She fails to return to work upon the termination of an <Ruthorized leave of absence without sufficient cause or without notifying the Employer, unless such notice was not reasonably possible;

(7) She is absent from work for more than twenty­four (~4) montns by reason of il~ness or other physical disability subject to the provisions of the Human Rights Code; or

(8) She is absent from vlork for more than four (24) months by r,g:ason of absence on WSIB, subject to the pruvisions Human Rights Code.

twenty­while the

Employees who are on leave o.f ahsencB will not engage in gainful el'f\Ployment on such leave, unless approved by the Employer, and i:f an emplGyee ctoes en<;~age in gainful emplo:yro.ent which has not been approved, while .on such leave, she w:Lll fo.rfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Onion and the El'f\Ployer.

'l'rans;f~~ of Seniodt:x;

An employee whose status is Changed .fro.m part-time to full-time will receive a seniority position equal to number of years worked, converted on the basis of 195[} paid hours equals one {1) year.

l\.!1 employee vtnose status is changed £rem full-time to part-time sh~;.U transfer full sen ;Lori ty to tha part-time position, and. then will continue to accUL1lulate s.eniodty based on the nu:rt1ber of paid hours.

l?ROMO'I'!ONS 1UID S'.t'AFF CRIWGE.S ...,..~-M .. ___ .,_

J~ Pqstin51:s

When a permanent va.cancy occurs or a naN position is created in the bargaining unit 1 the Employer shall post a notice of the position on the Union bulletin board a minimum period of seven n) calendar days .•

In;i:<::>~ation <::>n l?osting:s Such notice ~\!hall contain the following information: .. natuN of pos.ition, qualifications and shift. Such qualification maY not be e::~taJ)lished in an arbitrary or discriminatory manner.

CUPE LOCAL :!730 {Part-Time) AND RIVER GLEN NURSING HOME COLLECT:lVE AGREEMENT EXPIRY: MARCH 31, 2014

12.0S

12.04.

12.06

12.06

12.07

12.06

~o1e pf Seniority

In making staff changes, transfers or promotions under the provisions of this Article, appointment shall be made of the applicant with the greatest seniority who has the required qualifications and the ability to perform the work of the po~:~ted position.

Nothing herein shall prevent. the Employer from hiring persons from outside the bargaining unJ.t when no qualified employee applies.

Thill E:ro.plcryer will not bl'> requirad to transfer or promote any individ.ual employee more frequently than twice in any twelve month pe.riad under the pz-ovision of this Articl<;;.

Temporary vacan<;:ies expected to eg:ceed t:Oree (3) months in. duration or :ro.atexnity/par.ental lea'le ab.;lence will be posted. I!: the successful applicant is a part-time employee, then the employee will continue to be co•rered by the terms of the part-time collective agreement while filling the temporary vacancy.

The successful applicant, under 12.01 will be notified, and notice of the successful applicant vlill be P<::>sted on the bulletin board within fifteen (15) days the selection has peen ma\ie.

The. successful applicant shall be placed on trial the new position :Eo:r a p~:riod of t;.;enty (20}

days worked, Such trial promotion or transhr shall become peraanent after the trial pariocl unless:

i} the e.mployee feels that she is not suitable for th~ position and wishes to return to her former position; a:nd

iil the Employer feel$ t.ho,t the employee is not suitable for the position and requires that she return t<;l her former positi<m.

n is understood and a<;1reed that once the trial peri.od has expired, the Employer no longer has t.he right to return an e:mployee to her: former posit:i.on and the employee no longer has the r:i.ght to return to her former position,

In tM event of either (i) or (H) above, the employe.e will return to her former position and

CUPE LOCAL 2730 (Part-Tlille) AND RIVER GLEN NURSING HOME EXPIRY: MARCH 31, 2014 COL!J:CTIVE AGREEMENT

13.01

13.02

13.03

salary without lo~s of seniority, any other employee promoted or transferred as a result of the rE!larrang(llment of positions shall also he returned to her former position and salary without loss of seniority.

La,x-of:f and ~ehidnsr Procedure

Beth parties recognize that job security should increase in proport.ion to length and quality of service. 'l:'heretore, in the event of a lay-off, employees shall be laid off in accordance with Art:i.cle 12 - Seniority, however, the Employer will retain sufficient employees in each classification

crdl!lr to continue to provide competent nursing care for residents of the Home. Employees shall be recalled in the order their seniority, providing they are qualified to do the work.

Lay-offs undiilr thiil provisions of the Collective Agreement shall include the reduction of daily or biv1eekly hours o.f any f'ull-time. or part-time employees.

event of a proposed lay-off of a permanent or long-term n!lltt:Ll:'e of thirteen calendar weeks or more, the Err.ployer Hill:

(a)

(b)

provide the Union with at least siK (6) v7seks notice prior to iU implementation. This notice is not in addition to required notice for individual em)?loyees. -

provide affected employees ~t.i th .notice in accordance with the Employment. Standal;:ds Act. 1-!owe",;er r the Act will be deemed to he amended to provide notice to the atfected ert~ployee as

if his/her - !9 weeks' if his/her years - 10

se:r·vice is greater than 9 years t.t<m notice

service is greater than 10 weeks' written notice

if his/her service is greater than 11 ylliars ~ 11 •..teeka' writtetl notice if his/her set·,tice h greater than 12 yea.rs - 12 \veelcs' written not.ice

(c) meet with the Onion through the .Labour Managen\!'lnt Corttlld.t:tee to revie>; th,;a, reasons and e;;;pected duration of the lay-off, any

CUPE LOCAL 2.730 (Part:· Time) AND RIVER GLEN NURSING HOME COLLECTIVE AGREEMENT EXPiRY: MARCH 31, 2014

13.04

realignment of service or staff and its -el'hct on em);lloyees in the bargaining unit.

Atry a<:~reement between the Employer and the Union resulting from the above process concerning the method, tim:i,ng and implementation will take precedence over the other terms of lay-off and related pl::ovisions in tbis collectiVe asrcegment.

Lax-off ll'roe~dur.s.

(a) In the event of lay-off, the Employer shall lay-off employees in reverse order of :Seniority within their cla~;sification, provided that there remain on the. job employees who have the ability and qualifications as required by law to perform th~ work.

{b) .An employee who is subject to lay-off shall have the ri""ht to ei tne:r:

i) accept the lay-offl or

ii) displace an employee who has

• leu barga5ning unit seniority in a lower or identical paying classificationt and

who has scheduled hours less than or equal to the employee being laid off; and

if the eJX~plcyee originally subject to lay~ off is qualified for and can perform the duties without training other than orientation.

A'n employee who wishes to eKercise his or right to displace another employee with las$ seniority shall adv:l.~,>e Employer within seven (1)

days of the date of the notice of layoff issued by tl'le Employe,r.

brl Eor the purpose of the. operation of clause \bl ii) 1 laid off full-time €mployees shall not have the right to displace part~time employees.

v} In the event that en employee is laid o.ff from the part-time bargaining unit and provided that no other part-time bar9aining unit positions are available for which the employee is qualified at1d able to per:form1 the part-time

CUPE LOCAL 1!730 (P<llN1m.e) AND RIVER GLEN NURSING HOME

COLLECTIVE AGREEMENT EXPIRY: MARCH 31, 2014 l'age 16 of 34

l::J\.04

bargaining unit employee shall then be allowed to displace a full-time bargaining unit employl!!le with less seniority provided tnat the employee is qualifieQ and able to do the work available~

P.ii!u:,a:Ll. ll.:tgh ts

(a) An employee shall have opportunity of recall from a lay-off to an available opening in order of seniority, provided sh;;, has the ability and qualiff.cat.ions as required by law t:o perform the work,

The job posting provisions set out in the Collective Agreement shall apply, t;mployees with senicrity who ar:e laid off will be mailed a copy of job posting to their last known address. f'ihen a laid off employee bids for and is successful in obtaining a posted position, :she/he shall have no further rights with regard to .ee(';all.

(b) No new employees shall be hired until all those laid off herve been given an opportunity to return to work and have failed to do so, .tn accordance with the loss of sentority provision, OJ; have been found unable to perform the work available.

(c) tt is the sole responsibility of the employee who has been laid off tO notify the Employer of his/her ion to return to work thin $even (7) calendar ctays after being Mtified to do so by registel:'ed mai1 1 (which notificat shall be d<lemee;! to have been received on the IH:>c<:md date of mailing) and r.eturn to work wi.thin seven \7) calendar days after bein'fl notified. The noti.fication shall state the Job to r.vhich the employee is eligible to be recalled and th<il date and time at which the employee shall report for l'l'ork.

(d) E:r!tployees on lay-off or notice lay-off shall be given preference for temporary vacancies whi.ch are expected to euceed t<..renty (201. <l<~ys of \<ro:ck. An employee •rho has been recalled. to su;;:;h temporary vacancy shall not l::>e required to accept such recall and may inB>tead remain on lay-off.

CUPE LOCAL 2730 (Part.-Tirne) AND RIVER GLEN NURSING HOME COLLEL11VE AGREEME!N! EXPIRY: MARCH 31, 2014

17 of. 34

13.05

~TICLlil 14

14.02

14 .. 03

l.4.04

GrievanQe on Layoffs Grievances concerning .layoffs due to a reduction in the working force Shall be initiated at Step 3 of the grievance procedure.

Nothing herein shi:'l.ll constitute a guarantee of hours of Wo:t:k per day or week or of number of days per week. The normal daily hours of work shall be 7. 5 hours per day \!fl<tolusive of a thirty \30) minute. unpaid meal bre,al<.

Working Sehedu.ll1t

The l!:mployer shall make every effort topl;'oVide that days off <Iork of each employee shall be pol!. ted in an appropriate place four ( 4) weeks in length at least fourteen (14) days in advance. Once posted, the sbift schedule shall not be changed without the consent of the employee, unlei!ls an emergency situation exists or unless a change of shifts under ArticLe 15.04 has been arranged.

The employer shall make every effort to provide that availabl<iil weekends off are scheduled in accordance with senio:t:ity.

Paid Rest o:r Relief l?al:'iods

All employees shall be permitted a Iifteen {15) min\:lte rest period during the first and in the second half of a shift in an area made ~vailabli!t: to t.hem.

Assigning of Additional tl:ouu

A part-t.ime eillployee' a aanio:dty on a rotating basis shall be the determining factor. in the assignment of additional hours of work.

Call in Prooed~re

The Employer sha.ll ,tr.aintain a list of p.art-ti\ne Employees 1vho wi$h to be available for replacement call""ins. Employeel5 on the call~in list shall be called in o:r.:der of seniority beginning with t:M m.ost senior Employees on a rotating basis.

Each call-in will he indicated on the part-time ca.ll-in ahaet as "work;ed", ".refu,sed1

' or "no answer""

CU?E LOCAL 2730 (ParHlme) AND RIVER GlEN NURSING HOME EXPIRY: MARCH 31, 2014 COLLI'lGTNE AGREEMENT

AaTICLE 15

15.01

Hi.02

15.04

15.05

16,01

16.02

16.0!

succeeding call-ins will commence with the person listed below the last \;l4)r~:>on as noted as "worked", "r.efueed" or "no answer".

All emplovee.s on the :::all-in list shall specify thsir shift preferenoe and days of work preference.

The Employer shall keep an ao<Jtu:ate log of all reolacement call-ine which will be made available to' the Union immediately upon request.

OVlllRTIME

Part-time employees working lese than the normal hours per day and who are required to work longer than the no:t:mal woxking days as defined in Article 14.01 shall be paid at the rate of time and one~ half (1~1/2) for the hours so worked.

Employees :required to work more than three \3) hours overt.ime shall be provided with a meal by the Employer.

Eln."Oloyees shall not be tequi.recl to layoff during regular hours to equalize any overtime worll.ed.

In the event employees of their own accord for their own personal convenience, arrange to change shifts with appropriately qualifie,;;:! other employees, the employees !t.ust first get approval <l:f the J;::ll!Ployer. \'lhere such. changes occur the pr<ntision$ relating to o'~Nsrtime and time off between shifts not apply.

An employee who is called into work outside his normal work:l.ng hours ehall be paid for a minimum of three (3} hours at the appl:l.oable ra.te.

Employees v1ill not be .scheduled to work w:l.thout receiving twelve {12) hours rest between shifts.

~ Seniority shall detemine shi only to ability to perform the suitable vacancy occurring.

preference subject job required and a

All employees who are required by the employer to rotate over t;vo or more shifts shall :receive a

CUPE LOCAL 2730 (Part·11me) AND RIVER GLEN NURStNG HOME COLLECTIVE AGREEMENT EXPIRY: MARCH 31, 20!.4

1'1. 01

1'1.02

l7.0l

17.04

shift premiurn of 35 cents for each hour worked for all the hour$ if majority of hours falls betwe.;m 1500 hours and 0700 hours. Shift premiwn will not be paid for day hours in which an employee receives ov<artime premium and shift premium.s will not form part of the employees straight time hourly rate. In no event shall there be any pyramiding of benefits or payments.

For !?art-time employees 1 the Employer recognill:es th~;; following as pa.id holidays:

New :tear' s Day Good Fridav victoria Pay Canada Da,y 1\Ugust Civic Holiday

Labour Day Thanll:sg.iving Day Ch~istme,s Day Boxing Day Heritage Day

If another Federal, l?:tovincial or Municipal holiday should be proclaimed during the. t:.e:rm of the Collective Agreement, such additional holiday would replace one of the designated holidays in the Colle;:;tive P..greement

An eroploy!'le ~1ho is required to work on a l:!.sted holiday shall l:le paid at the rate of time and one-half (1 1/ for each hour worked.

'l'he Nursing Home vdll endeav·onr to provide, in accordance with seniority,. ChristmM. Eve artd. Christmas Day off or Chtist.ml;s Day and Boxin<;~ day off NeH ¥ear's Eve and Ne~1 Year • s .oay <eff ~ providing normal staffing of nursing home can be maintained.

is agteed that during the Last two {21 weeks in December and the first tv<O (2) weeks in January, lieu days and no vacation will be granted,. It is also reoognbed that the regular '"Ork schedUles ffi<iY be :required to .be amende.d to enable 17.03 to be granted.

Employees ,;;hall receive an annual vacation with. pay as calculated unde.r clause 18.0:2 in . accordance tdth cr.edited seniority as of May 31 ot tl:',e vacation year as follows:

tess than one {1) year per Employment 8tandarde l\Ct

CUPE LOCAl2'730 (Part-Time) AND RIVER GU:N NURSrNG HOME EXPlRY: MARCH 31, 2014 COLLECTIVE AGREEMENT

18.02

l$.03

1 year but leftls than 3 4% of gross earnings not to exceed two (.2) calendar >-leeks.

3 years but le,ss than 8 6% of grosa earnings not to exceed three (3) calendar weeks.

8 years .but less than 15 - 8% of gross earnings not to e;¥;ceed four { 4 J calendar weeks,

15 years but less than 2 10% of gross earnings not to el<ceed five { 5) calendar weeks.

23 years or more

Effective 2008 vacation 'tear, 28 years or more

- 12% of gross earnings not to exceed six (6) calendar weeks.

- 14'11 of gross e<J;rninge not to e.xoeed seven (7) calEmdar weeks.

Va<;:at;ion pay shall be calculated on the errrployee's earnings in the twelve (12) month pe:d.od iZfu\\ediately preceding May 31.

v~oat:l.on l?a.:£ on·Te~ination

An <;mployee terminatitl<J his employment at any time in his vacation year before he had his vacation, shall be entitled to a proportionate payment of 1vages in lieu o:f such vacation.

li'.ref!llZ:E>nC!e in Vacation!!' Employees shall subm:l.t r;equests for va<;ation for the va.cation year (June l•t to Hay 31•t), no later than AprH 15th, B.eqUe$tS for y;:>cation shaU be granted in order of seniority, failing submission or time requested not available, The employer shall adll'iS.e employees of their vacation schedule by June l.st of each year and 1.ml<:'1SS mutua.ll:y agreed u~on by the employee and the employer, the vaca.t.1on schedule shall not be changed. Requests for change shall not unreaaonably be denied, Vacation requests made after April 15m shall be done on a first come first served basis.

C.'UPE LOCAL 2:730 (Part-11me) AND RIVER GLEN NURSING HOME COLLECTIVE AGREEMENT EXPIRY: MARCH 31, 2014

11LC!S

u.os

18.07

19.01

Unbroken Vacation Period An ernployl!<e shall be entitled to receive his vacation in an unbro.ken period of up to t\v<O (2) weeks unless otherwise ttmtually agre<1!d upon between the employee anct the Employl!lr. t:mployees must take vacation no less than onl!l ( 1) week at a tirrte,

1'h<;; annual vacation shall be taken during the calendar year provided that an employee who is eligible fo.r vacation ~lith pay, may ;.rith the consent of the Employer, postpr;me their annual vac::ation to the next calendar year. It is underebpoq, however, that such payment and vacation entitlement sha.ll be ba.s>i\:d on the vacation enti tlemsnt earned in the former year and not in the year the v'acation is being taken.

For vacation purpo$es, one {1) week equa.ls seven (7) consecutive, "days".

One member t::~f the Union's two person bargaining c.o!t\.'llittee shall not suffer any loss pay \vhen required to leave their employment in ord.er to carry on negotiations for the reni!,lwal of tn.is AgreemJ>nt up to and including conciliation but not arbitration.

the employee shall not surfer a loss bf pay when de!!>linl;l with grievances as set out in Article S. 03 .

Leave of Ab~i;enca :fo:t Full-t:i.ma trn;i..on .. C>:t. li'J~bliQ Duties

The Employe:~:' .recognize& the. right of employ.,es to participate in public affairs, therefore, upon writtem request, the Employer will grant leave of absence without loss of seniority so that amoloVeM mav be candidates in a !federal, Provincial-or Munlcipal election.

An employee who h selected or elected for a iull~time pos±.tion with the Union, oJ;O who i.:l elected to public office, shall be g1·an:ted a leave of absence without loss of JSenio'dty for a period of one (1) year,

Bereava~11ent LeaV_!;

CUPE LOCAL 2730 (Part-time) AND R1Vt:R GLEN NURSING HOME EXPIRY: MARCH ~1, 2014 COLLIECTIVE AGREEMENt

(a)

(b)

(e)

{d)

(e)

l9.0S

{a)

When a death occ1~r$ in tha f~;~mily of an errployse, the employee will be granted leave of absence ending with the day following the :funeral.

In the case {)f the death o:f the employee's spowse o.r child, the employee ehall be paid regular straight time hourly rate for shifts during which the employee otherwise would have worked, up to a ro.ax.imum of four (4) cansecut:lve days ecnding with the day following the funet.aL

In the case of immediate :family which shall be definedas mother, father (inc:luding steppa.rents. and adoptive parents), brother, shter or . granc!child, the emplcryee shall be pa.id regular strt>il:Jht t.ime hourly rate :Eo:r: shifts dUring wbicb the emplo){<Hl otherwise would hav~ worked, up to a maiCimum of three (3) consecutive days ending with the day following the :E1..meral,

In the case of a spouse an additional t~>lo (2) days leave of absence •Tithout pay will be granted if necessary.

In the case of the death of a grandparent, motber-in-la11 and father-in-law, . the employee shall be paid .:regula.r straight. time hourly rate

day of the f\.!ne.ral if sr.e would otherwise have worked.

V1henever the term $pOUSEl is U!led. iU this Article it shall iMlude a cow.mon-law spouse as defined by the Family Law' Act.

One (1} day of general leave without pay will be granted to attend the funeral of a J:"elatio.n or a friend not covered by the above clause provided the employee had advised the Employer tl'H'l day prior to the funeral. If requested by the Employ:er, proof of bereavement will be provided.

l?r;;~spanc::LJ'ni;l. l?ay_~ta±...JLeave

Pregnancy Leave

?riS!gnancy Leave v1ill be granted in accordance; with the Provisions of the Employment Standards Act (8SA}: as amended from time to time, as

CUPE LOCAL 2730 (Part·iime) AND RIVER GLEN NURSING HOME EXPiRY: MARCH 311 2014 COLLECTIVE AGREEMENT

(i)

(ii)

(iiil

(b)

(v)

follows:

A pregnant employee who started. employment with her employer at least thirteen (13) vie.eks bf.lfore the eltpeoted birth date is entitled to a leave of absence without pay.

The employee shall give written notification. at least two (2) weeks in i!\dvance of the elate oi commencement of such leav-e, a certificate from a legal qualified practitioner stating the expected birth date and notification of the expected elate of return.

In the ca~;;e of <>.fi employee who stops working because of complications caused by he.r: pregnancy or because of a birth, still birth, or miscarriage that happens ea.rll~t' than the employee was e:xpected t<:> giv'll birth, an employee must, within t~<'o (2) weeks of stopping }fOrk, give the employer the required. c:ertificat.e and notification as pez: the En1Ploym~mt Standard$ Act.

Pregnancy leave shall be for seventeen (17) vneeks. Except in $pedal drcumstll,nces 1 writt<'!n not: ice to the luust be gi van by the employee at le!Ast four { 4) weeks pr·ior to th~:~ expiry of the initial period of pr<:lgnanoy leave. The pregl).ant::y lii!a'!e t>:f i'!n l'!lmployee ends on a e.arliex: day if emt>loyee ljivea the <lltnployer ~t least four (ll.) ~>,•esl:s \Uitten notice of that day.

Pregnancy leave may be cort®enced. at any ti!ll~B within the seventeen (17) weeks before the expected date of dE'J.u.v"'''-v

Parental le.ave must be taken in accordance 1-.rith the Employ1!lent Standards Act (ESA) . Parental le!r<Te .must begin no later than fifty-two {52) weeks after the day the c.hHd is born or comes into. the custody, care and Cc!TI:.x:ol of the parent :for the first time. For employees on ptegnancy lea~te, pax:ental .leave will begin im.media.tely aftet ptegnency leave eNpil::es. l?are,ntal leave sha11 be 9ranted for up to thirty-five (.35) weeks in dttra.tion if the employe~:> «lso tt>ok pn:\l:):ctancy leave and thirty­sev-en (37) weeks in duration if she did !lot. An employee not on pre11nancy leave request.ing parental leave shall g1ve the Employer four (4) wet;ks ~rdtten notice of the date the leav-e is

CUPE LOCAL 2730 (Part•Tlme) AND RIVER GLEN NURS.!NG HOME El\PIRY: MARCH 31, :2014 COLLECl1VE AGREEMENT

{vi)

(vii)

(vi.i.i)

19.06

l!il.07

l!L08

to begin. An employee may end her parental leave as set out above (or earlier) by giving the Employer written notice at least four (4) •~eeks before the last day of the leave.

During pregnancy leave, iru::ludin9' f<::>r this purpose the parental leave supplement, the tmploye.r shall continue to make its contributions to the various employee benefit plans fo.r: the ntaximum period of thirty-five (35) weeks1 provided that !:.he employee ar.ranges to pay the employe.e 1s contributions, if any.

During pregnancy leave, including for this purpose the parental le¢~Ve supplement, seniod.ty contimtes to accrue.

The ernploye:t of an errcployee who has taken pregnancy leave of parental leave shall reinstate the employee ~;hen the leave ends to the position the employea mo~>t recently held with the employer, if :tt still e~ists, or to a comparable pos.i tion, if it does not.

I;E th.e employex 's op.erations were suspended or discontinued while the emplovee was on leave i!ild have not resunced when the l'i:!ave ends, the ernployeJ: shall reinstate the employee, when the operat;.ions resume, in accordance with the employer's seniority eystem or practice, any.

Family Leave and ~exi•noy L~ve

The Employer recognizes and a{J:Cii!<l!$ to abide by the FamilyLeave and Emergency Leave provisions the Emploment. St<!(tdarde. Act, as amended from time to time.

Pai.d J~cy o~ Court Wi tm;~n :Puty Ll!I~VIl;

The Employer shall grant leave of absence w.ithout loss of seniority to 01n employee who serves ii'S a jutor or is . subpoenaed as a. cl::'Oi-1!'1 dtness. ·rne Employer shall pay such an employee the difference betv1esn hrar normal pay and her :Juror cr vti tness fees.

Genel:'<al Leave The Eillp.loy~r may gr&nt a leave of absence without pay to any employee requesting such leave for good and sufficient cama::1 such. request to be in writing and approved by the

CUllE LOCAL. 2730 (Part-Time) AND RIVER GLEN NURSING HOME EXPiRY: MARCH 31, 2014 COLLECTIVE AGR!ZEME'NT

Paqe 25 of 34

19.10

Employe.:r, Such approval shall not unreasonably be withheld subject to the efficient opetation of t.he Nursing Rom€'!. It is utld<n:stood, howevlil>r, that seniority shall not accumulate f:r.:orn the beginni.ng of leave of abMnce, if such leave eu:ceeds beyond ·thi:rty (30) days.

01:1i¢tl Le~vs

Upon at least two (2) weeks' notice, the 8rnployer shall allow a maximum of three (3) employees at any one tirne 1 leave of absence without pay in o-<de.t that they may attend union conventions, conferences or seminars. It is understo.od, however, that this leave shall be granted unless no:rtt!l'll operations in the Nursing ijome cannot be .lt•<!tintained. furthermore, it is understood. that an aggregate maximum of leaves granted under this clause will he thirty ( 30) working days in any one calendar year. The Employer will conti.nue to pay the employee's wages and beneH ts and invoice the union for ,same. Repaymlilnt shall be made by the union 1dthin thirt;y (30) cal.enda);; days.

Where employees are required by the E,mployer to take courses to up~p:ade or ac<;~uire new emplovment cmalifications in order to maintain their- emplo;{ment, the Em,_oloyer shall pa_y full cost as soda ted with the courses.

The Administrator may grant a request for unpaid leave of absence to upgrade employment qualifications, provided she receives at least one (1} month's notice :Ln t.rdting unless impossible and provided that such a leave .may be arranged without unduE! inconvenienoe to the normal operations of the nur'>ing hc>me. Applicants, when applying, must indicate the date of depa1:ture and specific date of return.

Note: This clause shall not apply to pre­employment conditions for employment.

PA'i!MlllN'l' OE' WAG_!i:fl!

:20.01 The Employer shall pay wages bi-weekly in accordance t~ith the rates p.rovlded lAnder schedule· "l'l" whic:h is att-ached her.,to and forms part of thi.s Agreement._ On f!ach pay day d~:ring working hou.rs 1 each employee l!lhall be prov:uded with an itemized statement of 'llages/ overtime,

CUPE LOCAL 2730 (Patt-Time) AND RIVER GLEN NURSING HOME EXPIRY: MARCH 31, 2014 C."'LLECUVE' AGREEMENT

20.03

20 .. OS

21.01

22.01

vacar1on, float and sick banks, and eupplemental:y paY deductions.

When an employee posts from a part-time position to a full time position, the.employ€ie shall continue to receive peyn1ent in li>a1..t of fringe benefits as outlined in Article 21.01 of the Part-~iroe agreement until suoh time as they are in receipt of Benefits under Article 22 of the Full-Time collecti•re agreem~>nt.

l?ay on Temporaey hansfer - S:igh,_r bted Job lvhen an employee b temporat'ily assigned t.o a higher rated job at the request of the Employer, she shall be paid at the higher rate of pay fct: all hcurs so worked.

R~li!POnll\i~:i,J.itf A.:l,lowance fo:r; Work OUtBid~ the iarga:i.ning Un.'tt

Wheq:e an Rl'\f is absent :!;rom her normal shift, and the Employer temporarily assigns em RPN to carry out some additional rssponsibilitie.s of the abssnt RN. the 8!\l.ploy~e shall rsceive an allowance of three dollar {$3.00} each hour worked. from the time of the assignment.

Effective ·the first ~seekend after ratification, employees shall be J?aid a weekend prell:lium of ~0 .15 per hour for all hours 1vorked between 2300 hours Fr:i.day to 2300 hours Sunday,

In lieu of fringe :tenefits, sick leave and holiday pay deec:r:ibed in Articles 17, 19 ll.nd 22 of the full-time agreement, a part.-time employee shall be paid an amount equal to thirteen and one-half percent ( l/2%) of he!' requlax: straight ht:Jurly rate for ;all straight time hours paid.

J?av stubs - the current amount of vacation ax:);;ruecl ~till be set t;ut on an employee's pay stub.

The Employer shall provide a uniform allowance

CUPE LOCAL :2730 (Part-Time) AND RIVER GLEN NURSING HOME EXPIRY: MARCH 31, 2014 COLLECTIVE AGREEMENT

of five dollars and fifty cants $5.50) (effective April 1, 20M increase to $5.75) per month to ea;ch employE;i$1 who is required to wear a uniform to work. Such allowance shall be paid quarterly by March 3lr June 3 0, September 30 and Decelli..ber 31 each ye<?,r.

NO CONTRACTING OF WO~

25.01

The Employer agrees that all work or l'lervices normally performed by employees in the bargaining unit. shall not be contracted, transferred, leased, assigned en:: conveyed in w·hole or itt part to any other plant, person, company .or employee outside of the barga.inihg unit.

Bulletin :aoa:rde

The Employer shall p.rovide a bulletin board which shall be placed so that all employees will have access to it and upon which the Union shall have the :tight to post notices of meettngs and such other notices as may be <:>f interest to employees. It is understood, hovlever, that all noti.ces which are to be posted :must first be approved by the Ew.ployer. Such approval 5hall not be unreasonably withheld.

l?lul"al or Feminine Terms Ma;y Appl;y

l'lhere thl'l f.sminine pronoun used herein, it shall mean and include the masculine pronoun and vice-versa.

No student shall be scheduled to work in e%cess of ten (10) hours per week,

L.i.mit is twenty-fou.r (24l hours during school vacation period June 1st - Labour bay.

No pres<llnt employee shall have her hours redu.ced resulting f:r.om such hirings.

The definition of student for the purposes of this article, shall mean those who have not reached their 20th ):lirthd;;<y and who are attending school.

CUPE IJ)CAL 2130 (Pl'l.rt"ilme) AND RIVER GLEN NURSING HOME EXPIRY: MARCH 31, 2014 COLlECTIVE AGREEMENi

26.02

Teohnoloqioal Change - Definition !n th1s Article "technological change" means any change int

(a.) the introduction of equipment, material or p:tt>C61$:5es different: ifl nature., typll> or quantity from that previously utilized.

(b) in work methods, organization, operations or processes affecting one or more employees.

(a) The nursing home undertakes to noH:fy the Union in advance so far as practicable of any tecl:m<J1Qgica1 change which the nursing home desires to il1troduce, which may significantly change the status of employeelll within the bargaining tmit.

{b) The nursing home a'i:irees to dili'ic::uss with the Union the e.ffect of such technological changes on the employment status of employee!$ and to consider practical ways and means of minimizing the adverse effect, if any, upon employees concerned. In the event of failure to reach agraai!Ient, the Union may apply for arhit;ration.

2'1, 01 The Employer and the Union agree that they mutually desire to maintain stanctarcts of safety anct health in tt\e Home in orclet to prevent accident; injury and ill:ness in accordance with the Occupational Health and Safety Act as amended. from time to time.

l<!S, 01 In this Article, the t:E>rms used ;shall have i;:he 1!\lilani.ngs as described:

(a) "l?lan" maans tr,e Nuxsing l"{omes and Related Industrias Pension l?l,an, being a multi~employu l?lan. (b} ''Appl.ice~ble wages" means the basic straigllt time '«ages

CUPE LOCAL 2730 (ParHinie) AND RIVER GLEN NURSING HOME COLLEC11VE AGREEMENT

?age 2$1 of 34

213.02

2fL03

for all hours worked. and in additibn:

(i) the str;aight time component of hours worked on a holidav;

{ii} holiday pay, for the hours not worked; (iii}vacation pay Md

All .other payments, premiums, allowances and similar payments are excluded.

"Eligil:lle Employee" means aU err,ployees l:largaining unit who h;;nre completed aeventy-fi'Ve (975) hours of service,

ih tl:le hundred and

Each eligible employee covered by this collectiVe a'i)"reement shall contribute for each pay period an &'1\0I.mt equal to four: percent {4%) of appl:ica!:>le wages to tl:le Plan. Th!il Employer shall contribute on bahalf of each elig.i.bl<J. employee for each pay period, an amount aqual to four percent (HJ of applicable wages to the Plan.

Notwithstanding the foregoing, where an enor has been made ;tn deduction, the Ernploy'<'lr shall, upon request/ make full payment on any outstandina Ernoloyer cont:r:ibution irrespective of whether the employee pays the matching amount.

The parties a:gx;ee that thi$ ~rticle no way prejudices the position of either part.y as it relates to the rE>troa.otivity applica.tion if an error is discovered.

The employee and the Employe.r contributions shall be remitted to the Plan by the Employer within thirty (30) days after the end of the calendar month in whi'!::h the pay period ends for which the contributions are attri:Outab1e.

lhe Onion acknowledges and agrees that otheJ:: than making its contributions to the Plan as set out in this Article, the Employer shall not be obligated to contril:mtt! to;.rards the CO$t of benefits provided by the i?la.n, or be responsible for providing any such benefits.

The Union and the Employer acknowle-dge and agree that under cur:tl'mt pension legi ation, and/or J:egulations, the Employer has no requirement to fund any deficit in the Plan, but is re~uired to contribute only that amount M required bY the .collective agree.ment in force between ~ne parties.

CUPE LOCAL 2730 (ParFilme} AND RIVER GlEN NURSING HOME EXPIRY: MARCH 311 2014 COLLECTIVE AGREiEMENT

2S.05

It is understood and agraed by the Employer and the Union that, shoul<l the current pension legielation or regulations be changed so that ths Employer's obHgation to contribute to the Plan exceeds the amount specified in the cc.llective ag:reement then in force, the parties will meet <:iirectly to finali:z:e methods to reliave the Employer of this increas<lld obligation t6 the e><tent that any such obJ..ig<~tions exceed that which the Employer would have if the Plan were a defined contribution l?lan.

The Employer agrees to Ell:c;>e,;;l.de to the Administrato:t: of the Plan, on. a timely basis, all information required, P\lrsuant to the Pens:i.ons Benefi. Act, R,s.o. 1990, Cb. P-·8, as amended which the Administrator may reasonably require in order to properly record and pl:'ocess pen.sion oontribcltions and pension benefits.

For further specificity, the items required for each eligible employee by Article 28.0.5 of the A9reement are:

(i) to be provided once only at Plan com.rnencement:

• Date of hire " .Dat\9 of birth • Date of first contribution • Seniority list (for the purpose of calculat.ing

past :!'le:t:vicllll credit)

(ii) To be prov~ ded with each remittance:

• Name • Social insurance number • !ionthly rarrd ttance • P-~nsionable sa:tni.ngs

• 1 addreBs as provided ·to the H<lina • TermiMtion dilte whe.re applicable (r~!PDYY)

(iv) To be provided once if. they e1te readily availabl~j_

• Gender • Marital status • Any adclition.al informati¢n requests, beyond

that noted above, may be provided, if possiblWJ, by the Employer at the expense of tli.e Plan, unless the Employer is obligated by laH to provide the information.

C\JPE LOCAL 2730 (Part:-Til11<l) AND RIVER GLEN NURSING HOME EXPIRY: MARCH 31, 2014 COLLECTlVE AGREEMENT

29.01

29.02

This Agreement shall be binding and remain in effect up to and including March 31, 2014 Otnd shall continue from year to year unless eithe.r party gives to the other party notice, in writing, between the period of 30 and 90 days prior to the termination that it desires its termination or amendment,

In the event of such notification being given as to amendment of this Collective AgrSiement 1 ne<;totiations between the p/il.rties sha.ll begin ~rithin fifteen (15) daYil followin\;f' such not ifi.cation or a time mutually agreed to by the partie.s.

IN Wl'E::IESS WREHOl!' the parties her$tO hau set their id.qnat:urn to this dooument.

1 ~0:1.5,

CUPE LOCAL 2730 (Par!:· Time) AND RIVER GLEN NURSING HOMt COLLECTIVE AGREIEMENT EXPlRY: MARCH 31, 2014

l:'<egiatered li'raotioal Nurse t:ffilil¢t:ive A)?r:ll 1, 4011

Nurses Al'!sistant Efhctivll! A!lril 1, 2011

Laund:!:y, H<:>UI!h\lk!il<l}:!:l.n!;;, Dietary Aide li:ffeot.ive Apdl 1, 2021

Cook :n: l!:ffect:.l.ve April 1, 2011

Cook ;t

Eff<o!cl:i v<a April 1 1 2011

Stud.ents Effective l'*'ril 1, 2011

Effe_ctive April lt 2012

start $2?.6\:i

Stal't -l?1ll.49

Start $1$. t$3

Start $l9.€l!

Probation $23.~4

l?wbation $1!1. 04

Probation $Hl. 52

Probation $19.42

;! Y~ar $23.91

l tea"' $19,65

1 Yea!;' $19.441

l Yau --~ $:00.00

Probation l Year $20. 00 $20.55

~ Probation 1 Yeu ;m. 42 n::>. 91 ~14.

2 Ye<u::s $24. 64

l! Years $2\).51

2 .Y!ilara $2().{10

2 Yaar<l! $20.55

2 Y!Eiars $21,1:$

'*Those <4'\t>:OlOV,.\lfS who possess a HCA or l'SW Ce.rtific~,t<l! will :t\l!C<l!ive an additional . iO¢ per r.Ou.r.

CUPE LOCAL :mo (Part .rime) AND FUVER GLEN NURSING HOME COLLECTIVE AGREEMENT EXPIRY: MARCH 31,2014

Page 33: of 34

MD

CANADIAN t,lNIO'N Ol l'tn.\LIC EMPLOUES JU.ttl l'l'S LOCAL ;2'730

roll: AGENCY STAFF

The Employe:r endeavour to offer unit employees prior to using agen.::y

Dated at~~ this /$ tJ.

work to q'ualified bargaining staff.

day of ~~ 2015,

CUPE LOCAL 2:730 {Pa.rt-T!me} AND RIVER GLEN NURSING HOME EXPIRY: .MARCH 31, 2:014

COU . .EcnVE AGREEMENT