COLLECTIVE AGREEMENT

BETWEEN

YEE HONG CENTRE FOR GERIATRIC CARE (MISSISSAUGA)

-AND-

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

Combined Service and Nursing Units

EFFECTIVE: January 1, 2018 EXPIRY: December 31, 2019

UNIT# 716

INDEX

ARTICLE 1 - PURPOSE .................................................................••......................... 1 ARTICLE 2 - SCOPE AND RECOGNITION ................................•...............•............. 1 ARTICLE 3A - MANAGEMENT RIGHTS ................................................................... 1 ARTICLE 3B • DEFINITIONS ..................................................................................... 2 ARTICLE 4 - UNION SECURITY ............................................•.................................. 3 ARTICLE 5 - NO STRIKES OR LOCK-OUTS .....•..................................................... 4 ARTICLE 6 - UNION REPRESENTATION AND COMMITTEES ............................... 4 ARTICLE 7 - GRIEVANCE PROCEDURE ................................................................. 6 ARTICLE 8 - SENIORITY ........................................................•.......•......................... 11 ARTICLE 9 - JOB SECURITY .................................................................................. 14 ARTICLE 10 - JOB POSTING ..........................•....................................................... 17 ARTICLE 11 - NO CONTRACTING OUT .................................................................. 20 ARTICLE 12 - WORK OF THE BARGAINING UNIT ................................................ 20 ARTICLE 13 • PRINTING .......................................................................................... 21 ARTICLE 14 - LEAVE OF ABSENCE ...................................................................... 21 ARTICLE 15 - HOURS OF WORK ............................................................................ 27 ARTICLE 16 - OVERTIME AND SHIFT PREMIUMS .........................•..•................... 29 ARTICLE 17 - ALLOWANCES ................................................................................ 32 ARTICLE 18 - HEAL TH AND SAFETY .................................................................... 33 ARTICLE 19 - PAID HOLIDAYS ............................................................................... 36 ARTICLE 20 - VACATIONS ...................................................................................... 38 ARTICLE 21 - HEAL TH AND INSURANCE BENEFITS ........................................... 40 ARTICLE 22 - WORKPLACE INJURY AND DISABILITY ........................................ 44 ARTICLE 23 - SICK LEAVE ..................................................................................... 44 ARTICLE 24 - COMPENSATION .............................................................................. 45 ARTICLE 25 - BULLETIN BOARDS ......................................................................... 47 ARTICLE 26 - INTERPRETATION ........................................................................... 47 ARTICLE 27 - PERSONNEL FILES ......................................................................... 47 ARTICLE 28 - PAID EDUCATION ............................................................................ 48 ARTICLE 29 - TERM ..................................................•.............................................. 48 SCHEDULE "A" - WAGE GRID ............................................................................... 50 LETTER OF COMMITMENT ..................................................................................... 54 LETTER OF UNDERSTANDING .............................................................................. 55 LETTER OF UNDERSTANDING .............................................................................. 57 MEMORANDUM OF UNDERSTANDING ..............•.................................................. 58

ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the Employer and the Employees concerned and to provide machinery for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all Employees within the bargaining unit.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 The Employer recognizes the Union as the sole collective bargaining agent for all Employees of Yee Hong Centre for Geriatric Care (Mississauga Centre) in the City of Mississauga, save and except supervisors, persons above the rank of supervisor, office and clerical workers, social workers, chaplain, summer students, and Employees who are members of another bargaining unit.

2.02 The Employer undertakes that it will not enter into any other Agreement or contract with those Employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Agreement.

2.03 Where the feminine pronoun is used in this Agreement, it shall mean and include the masculine pronoun where the context is appropriate.

2.04 Where the singular is used, it may also be deemed to mean the plural, where the context is appropriate.

ARTICLE 3A - MANAGEMENT RIGHTS

3A.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing, it is the exclusive function of the Employer:

(a) to determine and establish standards and procedures for the care, welfare, and safety of the residents in the Long Term Care Home;

(b) to maintain order, discipline and efficiency and, in connection therewith, to establish and enforce reasonable rules and regulations;

(c) to hire, transfer, lay-off, schedule, recall, promote, demote, classify, assign duties, and to discharge suspend or otherwise discipline Employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification, or a claim that an Employee who has completed her probationary period has been discharged or disciplined

- 1-

without just cause, may be the subject of a grievance and dealt with as hereinafter provided; and

(d) to have the right to plan, direct and control the work and direction of Employees and the operation of the facility, including the right to determine work schedules and shifts, to introduce new and improved methods, technologies, systems, facilities and equipment and to control the amount of supervision necessary, the combining or splitting of departments, and increases or reduction of personnel in a particular area or on the whole.

( e) The Employer will exercise these rights in a manner consistent with the Collective Agreement.

ARTICLE 38 • DEFINITIONS

38.01 (a) Full-time Employee means an Employee who holds a full-time position and who is regularly scheduled on the master schedule to work a minimum of sixty-four (64) hours bi-weekly.

The Employer would endeavor to schedule all full-time employees a minimum of 75 hours bi-weekly.

Notwithstanding the above, full time employees who currently work less than 75 hours bi­weekly may request to maintain the scheduled hours in their current positions.

(b) Part-time Employee means an Employee who holds a part-time position and who is regularly scheduled on the master schedule to work less than sixty-four (64) hours bi­weekly.

Part-time Employees can work additional shifts up to seventy-five (75) hours bi-weekly. While a part-time Employee may work more than sixty-four (64) hours bi-weekly on a temporary basis or because of call-in or other unscheduled shifts, this does not change her status to that of a full-time Employee for any purpose under this Agreement.

Part-time employees will also commit to working additional shifts (for example, to replace an employee who is on vacation or absent from a scheduled shift) for which they had indicated availability to the Employer.

(c) Casual Part-Time

A casual part-time Employee is a part-time Employee who is called to work on a call-in basis, but who does not work a regular schedule, or does so only for a specified period. Such Employee has the option of refusing work when it is made available to her, however,

-2-

it is also understood that a casual part-time Employee who has provided availability cannot unreasonably or consistently refuse to work shifts.

( d) The terms "regular pay'' and "straight pay'' when used in the Agreement, shall mean the amounts indicated in the wage and classification schedule contained in Schedule "A".

ARTICLE 4 - UNION SECURITY

4.01 Each of the parties hereto agrees that there will be no discrimination, interference, restraint or coercion exercised or practised upon any Employee because of membership in the Union or lack thereof which is hereby recognized as a voluntary act on the part of the individual concerned.

4.02 (a) As a condition of employment, the Employer shall deduct from the wages of Employees covered by this Agreement regular monthly union dues that are designated by and remitted to the Union. It is understood that dues shall be deducted from all Employees beginning in their first month of hire.

(b) The Employer agrees to forward a list of dues deductions in an electronic format designed by the Union showing the names, classifications, current addresses, phone numbers, Social Insurance Numbers, highlighting new hires, resignations, terminations, new unpaid leave of absence and return from leave of absence, hourly rate, hours worked, and the amount of dues remitted on behalf of each of the Employees for whom deductions have been made.

In the case of newly hired Employees, each Employee shall be subject to a one (1) time Union Initiation Fee. Initiation Fees and Dues deductions shall commence in the month of hire.

4.03 (a) Deductions shall be made from each pay. A dues report shall be submitted in an electronic template provided by the Union. Dues shall be forwarded to the Union's office on or before the fifteenth (15th) of the month after the month deductions are made.

The Employer further agrees to provide the Union with the Employees' changed of addresses with each dues remittance.

Any omissions and retroactive deductions shall be submitted with the dues the month following.

(b) Union dues are not deducted from SUB plan payments and the Employer has no responsibility for Union dues while an Employee is off on Pregnancy and/or Parental Leave or any other form of unpaid leave.

-3-

4.04 (a) The Union and its members shall hold the Employer harmless with respect to any liability which the Employer might incur as a result of deductions and remittances.

(b) The Employer will provide each Employee with a T4 slip showing the annual Union dues paid by that Employee for the taxation year.

4.05 It is mutually agreed that arrangements will be made for a Union Steward to interview each new Employee who is not a member of the Union once during the first sixty (60) days of employment for the purpose of informing such Employee of the existence of the Union in the Long Term Care Home, and of ascertaining whether the Employee wishes to become a member of the Union. The Employer shall advise the Union monthly as to the names of the persons listed for interview and the time and place on the premises of the Employer designated for each such interview, the duration of which shall not exceed fifteen (15) minutes.

4.06 The Union and Employer agree to abide by the Ontario Human Rights Code.

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

5.01 The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lockouts during the term of this Agreement. The meaning of the words "strike" and "lockout" shall be as defined in the Ontario Labour Relations Act, as amended.

ARTICLE 6- UNION REPRESENTATION AND COMMITTEES

6.01 (a) It is mutually agreed that where negotiations are conducted on a joint basis between any or all of the Long Term Care homes in the Employer chain in the Province of Ontario, the Union will elect or otherwise select a Negotiating Committee consisting of three (3) Employees from each home, one (1) of whom shall be the Chief Steward.

(b) All members of the Committee shall be Employees who have completed their probationary period.

(c) The Employee members of the Committee will be paid by the Employer for time used during normally scheduled working hours in negotiation of this Agreement or its successor including all conciliation proceedings but excluding any arbitration proceedings.

6.02 (a) The Employer will recognize a Union Administrative Committee which shall consist of a Chief Steward and three (3) additional Stewards.

The Employer shall be advised of the names of members of this Committee and shall be notified of any changes from time to time.

-4-

Members of the Union Administrative Committee shall be Employees of the Employer who have completed their probationary period.

The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties and that, so far as possible, all activities of the Committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged.

(b) The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and /or processing grievances, up to but not including the arbitration stage.

6.03 Labour Management Committee

Where there are matters of mutual concern and interest that would be beneficial if discussed at a Labour Management Committee meeting during the term of this Agreement, the following will apply:

Meetings shall be held quarterly unless otherwise mutually agreed.

There will be one ( 1) Labour Management Committee for each Home with an equal number of representatives of each party up to four ( 4) representatives each. The Committee shall meet at a time and place mutually satisfactory. A request for such a meeting date will be made in writing at least two (2) weeks prior to the date proposed and accompanied by an agenda of matters proposed to be discussed, which shall not include matters that are properly the subject of a grievance or matters that are properly the subject of negotiations for the amendment or renewal of this Agreement.

The Employer and Union may agree to hold a joint meeting of multiple or all Labour Management Committees at one time and place, instead of holding an individual Labour Management Committee meeting at each Home.

An Employee representative attending such meeting shall be paid only for wages lost from regularly scheduled hours at the meeting, including any time spent traveling directly from her regularly scheduled duties to the meeting at another Home, and/or returning to her regularly scheduled duties. A Union representative may attend.

6.04 CMl/RAI MOS 2.01 Language

Recognizing the mutual objective of quality care, the Employer agrees to meet through the Labour Management Committee with the Union as soon as practicable after the receipt of the annual CMl/RAI MOS 2.0 results. The Employer agrees to provide the Union Representation with staffing levels, and staffing mix information, the impact of related payroll costs on staffing levels and a written notice of the CMl/RAI MOS 2.0 results for the facility.

-5-

The purpose of this meeting is to discuss the impact of the CMl/RAI MOS 2.0 changes on the staffing levels in the facility, and quality care, and provide the Union with an opportunity to make representation in that regard.

The parties may invite additional participants to attend the meeting to support constructive review and discussion.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 All informal concerns, complaints or grievances shall be taken up in the following manner:

(a) Informal Concerns

An Employee who believes she has a concern with regard to the interpretation or application of the Collective Agreement or her rights thereunder shall first take the matter up with her supervisor or designate within ten (10) calendar days of the date on which the circumstances giving rise to the concern became known or ought to have become known before a formal grievance is created.

For the purposes of Article 7, the supervisor for RNs, RPNs and PSWs shall be the Director of Resident Care or designate.

The supervisor or designate shall provide the Employer's response within seven (7) calendar days of the date when the discussion was held with the Employee on the matter.

If her concern is not satisfactorily resolved, a formal grievance may be filed and addressed as set out below:

(b) Grievance Procedure

A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any Employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated.

Step Number 1

An Employee having a grievance or complaint shall refer it to her immediate supervisor within ten (10) calendar days of the Employer's response to the informal concern, or within ten (10) calendar days after the date the response was to have been made. The supervisor shall reply to the Employee, giving the answer to the complaint or question within ten (10) calendar days from date of submission. In the supervisor's absence, the

-6-

complaint or question is to be referred to Human Resources and the same procedure will be followed.

The complaint or grievance is to be in writing and provided in hard copy.

Step Number 2

If an Employee is unsatisfied with the decision then within ten (10) calendar days after the decision is given in Step Number 1, or within ten (10) calendar days after the date the decision was to have been made, the Union on behalf of the Employee shall submit the grievance in writing, provided in hard copy, to the Executive Director or designate of the Home. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Steward and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the Employee or the Employer. The decision of the Executive Director or her designated representative shall be given in writing in hard copy form within ten (10) calendar days following the meeting.

Step Number 3

Should the Executive Director or designate fail to render her decision as required in Step Number 2, or the Union is unsatisfied with the decision, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within ten (10) calendar days after the decision under Step Number 2 is given, or within twenty (20) calendar days following the meeting under Step Number 2 of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance.

7.02 An Employee subject to disciplinary action which is to be recorded in the Employee's personnel file shall at a meeting held for that purpose have the right to the presence of a Union Steward from the bargaining unit. The Union Stewards undertake to be reasonably available in person or by telephone for such disciplinary meeting. In extraordinary circumstances when a Union Steward is entirely unavailable, the Employee shall have the right to the presence of a Union Committee member or a staff member of the Employee's choice who is working on the current shift.

-7-

7.03 Discharge Grievance

In the event of an Employee who has completed his probationary period being discharged from employment, and the Employee feeling that such discharge was without just cause, the case may be taken up as a grievance.

All such cases shall be taken up within ten (10) calendar days and disposed of within twenty (20) calendar days of the date of the Employee is notified of his discharge, except where a case is taken to Arbitration. Such a claim by an Employee who has completed his probationary period shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Director or designate within ten ( 1 O) calendar days after the Employee is notified of his discharge or within ten (10) calendar days after the Employee ceases to work for the Employer, whichever is the earlier. All steps of the grievance procedure prior to Step Number 2 may be omitted in such cases.

Such discharge grievance may be settled by confirming the Employer's action in dismissing the Employee, or by reinstating the Employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration, or sole arbitrator, as the case may be.

7 .04 Employer Grievance

The Employer may institute a grievance consisting of an allegation of a general misinterpretation or violation of this Agreement (by the Union or any Employee covered by this Agreement), in writing, at Step Number 2 of the grievance procedure, by forwarding a written statement of said grievance to the SEIU Union Representative, providing it is presented within fourteen ( 14) working days after the circumstances giving rise to the grievance have originated or occurred; the SEIU Union Representative shall give his decision in writing within ten (10) calendar days after receiving the written grievance and failing settlement, the grievance may be referred to arbitration by the Employer in accordance with Step Number 3 of the grievance procedure.

7.05 Union Policy Grievance

The Union may institute a grievance consisting of an allegation of a general misinterpretation or a violation by the Employer of this Agreement in writing at Step Number 2 of the grievance procedure, providing that it is presented within fourteen (14) calendar days after the circumstances giving rise to the grievance have originated or occurred. However, it is expressly understood that the provisions of this clause may not be used to institute a grievance directly affecting an Employee or Employees which such Employee or Employees could themselves initiate as an individual or group grievance and the regular grievance procedure shall not be thereby bypassed.

-8-

7.06 Group Grievance

Where a number of Employees have similar grievances and each Employee would be entitled to grieve separately, they may present a group grievance identifying each Employee who is grieving to the Department Head or his/her designate or to Human Resources within ten (10) calendar days after the circumstances giving rise to the grievance had occurred, or ought reasonably to have come to the attention of the Employees. The grievance shall then be treated as being initiated at Step Number 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.

7 .07 Grievance Mediation Process

(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within twenty (20) calendar days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration.

(b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties.

(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.

(d) The parties shall agree on a Mediator.

(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply and no record of the proceedings shall be made.

(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.

(g) The Mediator will have the authority to meet separately with either party.

(h) If no settlement is reached within ten (10) calendar days following Grievance Mediation, the parties are free to submit the matter to arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to arbitration.

(i) The Union and Employer will share the cost of the Mediator, if any.

-9-

7 .08 Arbitration Process

(a) When either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's Nominee to the Board of Arbitration. The recipient of the notice shall, within fourteen (14) calendar days thereafter designate its Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within fourteen (14) calendar days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Nominees are unable to agree upon a third person as Chairman within fourteen ( 14) calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour to appoint the third member as Chairman of the Board of Arbitration.

The said two (2) Nominees first appointed shall be at liberty prior to the expiration of fourteen ( 14) calendar days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of fourteen ( 14) calendar days, to discuss the grievance submitted to them with a view to mutual settlement.

(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.

(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (1/2) of the expenses and fees of the Chairman.

( d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance( s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement, including a question as to whether a matter is arbitrable, shall be arbitrable.

( e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in rendering its decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.

(f) All agreements reached under the grievance and arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the Employee(s) involved.

(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any arbitration shall be awarded to or against any party.

-10-

(h) At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the Employee (or Employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Long Term Care Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Long Term Care Home.

7 .09 Sole Arbitrator

In the event that one party wishes to submit a grievance to Arbitration and is content that the matter be dealt with by a Sole Arbitrator as opposed to a tripartite Board of Arbitration as hereinbefore referred to, the party submitting the grievance to arbitration shall so signify when advising the other party and shall advise as to three (3) alternative choices as to a Sole Arbitrator in addition to that party's Nominee to a tripartite board. The recipient of the notice shall in reply advise as to its Nominee to a tripartite board and three (3) alternative choices as to a Sole Arbitrator. If the parties can agree to a Sole Arbitrator within twenty (20) calendar days of the notice referring the matter to arbitration the matter shall be determined by a Sole Arbitrator and failing such agreement the regular Arbitration procedure shall apply.

7 .10 All timelines above may be extended by mutual agreement of the parties.

ARTICLE 8 - SENIORITY

8.01 (a) Full-time Employees

Seniority for full-time Employees shall be defined as the length of continuous service from the date of last hire at a Yee Hong facility, except as otherwise provided in the Collective Agreement.

Part-time Employees

Seniority for part-time Employees shall be based on hours worked since date of last hire at a Yee Hong facility, except as otherwise provided in the Collective Agreement. Where conversion of hours is required to determine seniority and service based on years, 1800 hours worked shall equal one (1) year of seniority.

Service

For the purpose of this Agreement, service will include an Employee's service or hours of work, as applicable, with all Yee Hong facilities since the Employee's date of last hire.

For the purpose of this Agreement, seniority and service shall be the same except as otherwise specified in the Agreement.

- 11-

Seniority and Service on Transfer to Another Facility

The Employer agrees that Employees may transfer from one Yee Hong facility to another Yee Hong facility for their own personal convenience and at their own expense, subject to the following conditions:

Employees wishing to transfer must apply in response to a posted vacancy. The Employee's application will only be considered if there is no successful applicant from the facility in which the vacancy exists.

An applicant who is permitted to transfer from one facility to another as a result of this transfer procedure, will retain any service and seniority that they had previously accrued, and the applicable wage rate shall be paid according to the position to which the Employee transferred.

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

(c) Subject to applicable laws, during an approved absence not paid by the Employer exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended, the benefits concerned appropriately reduced on a pro rata basis and, the Employee's service date adjusted accordingly. In addition, the Employee will become responsible for full payment of subsidized Employee benefits in which she is participating for the period of the absence. Such payments shall be made one ( 1) month in advance of when the monthly premium is due,

It is further understood that during such leave of absence not paid by the Employer, credit for seniority for purposes of promotion, demotion, transfer or lay-off shall be suspended and shall not accrue during the period of absence.

Notwithstanding this provision, seniority shall accrue for a period of twenty-four (24) months following the date of injury if an Employee's absence is due to a disability resulting in WSIB benefits.

(d) Benefits - WSIB or Paid Leave

The Employer shall continue to pay premiums for benefit plans for up to twenty-four (24) months from the date of injury for Employees who are on paid leave of absence and for Employees absent and receiving WSIB benefits, provided that the Employee continues their contribution towards said benefits.

-12-

8.02 Probationary Period

Full-time Employees

A newly-hired full-time Employee must successfully complete a probationary period of 487 .5 hours worked. The seniority of an Employee who had completed the probationary period shall have his seniority vested as of his or her last date of hire.

Part-time Employees

A newly-hired part-time Employee must successfully complete a probationary period of 487.5 hours worked. An Employee who has completed the probationary period shall be credited with 487.5 hours of seniority.

Upon mutual agreement in writing of the Employer, Employee and the Union, the probationary period may be extended and, upon successful completion of same, the Employee's seniority and service shall be credited and adjusted as prescribed above.

It is agreed that the dismissal or lay-off of a probationary Employee shall not be made the subject of a grievance.

8.03 Seniority Lists

(a) The Employer shall supply the Union Office and the Chief Steward with a full-time seniority list and a part-time seniority list, by department and by classification, in January and July of each year, showing Employees' names, classifications and their service and seniority.

(b) Should there be a tie of date of hire of two (2) or more full-time Employees, or a tie in hours worked for part-time Employees, the tiebreaker used shall be a lottery.

(c) When compiling a seniority list in January and July of each year, the Employer shall calculate the hours for persons working less than full-time for the past six (6) month period.

8.04 Loss of Seniority

An Employee shall lose all seniority and her employment shall be deemed to be terminated if she:

(a) voluntarily resigns, retires or is discharged for just cause and not reinstated through the grievance and/or arbitration procedures(s); or

(b) is absent from work more than twenty-four (24) months by reason of illness or other physical disability and there is no reasonable likelihood the Employee will return to work within the near future; or

-13-

(c) is absent from work without a reasonable excuse for more than three (3) consecutive days for which she is scheduled to work; or

( d) is absent from work for more than twenty-four (24) months by reason of lay-off; or

( e) is absent from work for more than twenty-four (24) months while on WSIB; or

(f) overstays a leave of absence, unless he obtains permission or provides satisfactory explanation; or

(g) fails to respond to a notice of recall while on lay-off within three (3) working days or fails to return following notice of recall within fourteen (14) calendar days after being notified; or

(h) is a Casual Part Time Employee who, after providing their availability, refuses work three (3) times in three (3) consecutive months, or fails to work any shifts for three (3) consecutive months, or who is not called on to work by the Employer for six (6) consecutive months

(i) using a leave of absence for the purpose other than that for which the leave was granted

8.05 Employees who are on leave of absence will not engage in gainful employment while on such leave and if an Employee does engage in gainful employment while on such leave, she will forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the Employer.

ARTICLE 9 • JOB SECURITY

9.01 Lay-Off and Recall

In the event of a proposed layoff of a permanent or long-term nature, the Employer will provide the Union with at least eight (8) weeks' notice. This notice is not in addition to the required notice for individual Employees.

In the event of a layoff of a permanent or long-term nature, the Employer will provide affected Employees with notice in accordance with the Employment Standards Act, as amended from time to time.

-14-

9.02 Lay-Off Procedure

(a) In the event of a layoff, the Employer shall identify the department, classification, shift/hours and status of incumbent( s) (full-time or part-time) in the position determined to be surplus.

(b) The Employer shall post a notice of layoff, identifying the department, classification, shift/hours and position( s) affected by the layoff. The most junior Employee in the department, classification and shift with the same status (full-time, part-time) shall be subject to layoff.

(c) If the position declared to be surplus is currently held by an Employee for a specific period of time, the Employee will be removed from the position. The incumbent for the position will be subject to layoff in accordance with this Article.

An Employee who is subject to lay-off shall have the right to either:

(i) accept the lay-off; or

(ii) displace an Employee with less bargaining unit seniority within his or her classification (including a position on another shift in the same classification) or in a lower or identical paying classification for which he/she has the skills, ability, qualifications and availability to perform the available work without training.

(d) When more than one Employee is affected by a surplus declaration, the most senior Employee in the affected classification will exercise his/her rights first, followed by the next most senior Employee in the same manner until the required reduction in staff has occurred.

(e) Chain displacement will be allowed with the understanding that an Employee subject to lay-off who chooses to displace, must displace an Employee with less seniority who has scheduled hours based on the master schedule requirements equal to or less than the Employee laid off.

Consistent with the opportunity to chain displace, the posted notice of layoff of the originally affected Employee( s) shall constitute notice of layoff to all Employees who are potentially impacted by the layoff.

Notwithstanding the above, the Employer agrees to meet with all those Employees who are potentially affected prior to posting the notice of layoff.

(f) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off Employee is within one percent (1 %) of the laid off Employee's straight time hourly wage rate.

-15-

(g) In the event that there are no Employees in the bargaining unit with lesser seniority in lower or identical paying classifications as defined in this Article, a laid-off Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the Employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off Employee is within five percent (5%) of the laid off Employee's straight time hourly rate provided her or she is qualified for and can perform the duties without training other than orientation.

(h) A full-time Employee may bump a part-time Employee. A part-time Employee may not bump a full-time Employee.

(i) The decision of the Employee to displace or accept the layoff shall be given in writing to the Executive Director within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.

For the purposes of this Article, seniority shall be determined as of the date of notice of layoff pursuant to Article 9.02 (b ).

9.03 Recall Rights

(a) An Employee shall be entitled to be recalled from a lay-off to an available opening, in order of seniority, provided she has the skills, ability, qualifications and is available to perform the work without training.

(b) Part-time Employees are not entitled to be recalled to a full-time position.

(c) An Employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled.

(d) Subject to (a) through (c) above, no new Employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found to not have the skill, ability, qualifications or are not available to perform the work available.

( e) It is the sole responsibility of the Employee who has been laid off to notify the Employer of his/her intention to return to work within five (5) business days after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within fourteen (14) calendar 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 Employer.

-16-

(f) Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies in their classification which are expected to exceed thirty (30) calendar days. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off

(g) A laid off Employee shall retain the right of recall for a period of twenty-four (24) months.

(h) The job posting procedure as set out in the Collective Agreement will continue to apply. Employees with seniority who are laid off will be mailed a copy of job postings to their last known address. When a laid off Employee bids for and is successful in obtaining a posted position, he shall have no further rights with regard to recall.

9.04 Benefits on Lay-Off

In the event of a lay-off, provided the Employee deposits with the Home her share of insured benefits for the succeeding month, the Employer shall pay its share of the insured benefits premium, excluding LTD benefits for a period 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 comes first. The Employee is required to advise the Employer in writing immediately upon commencing employment elsewhere.

9.05 It is understood and agreed that if a full-time Employee bumps a part-time Employee as part of the above-noted procedure, the full-time Employee is accepting the part-time position and the terms and conditions of employment applicable to part-time Employees.

For these purposes, 1 year full-time seniority = 1800 hours worked part-time seniority.

9.06 Severance pay will be in accordance with the provisions of the Employment Standards Act, as amended.

ARTICLE 10 ·JOB POSTING

10.01 In the event new jobs are created or vacancies occur in existing job classifications including new positions created for a specific term or task (unless the Employer notifies the Union in writing that it intends to postpone or not fill a position), the Employer will post such new jobs or vacancies for a period of ten (10) calendar days, and shall stipulate the qualifications, classification, rate and department concerned before new Employees are hired or Employees from outside the bargaining unit are considered, in order to allow Employees with seniority to apply.

The Employer agrees to provide the Chief Steward with a copy of each job posting and the name of the successful applicant, which the Chief Steward or delegate may post on the Union

-17-

bulletin board. The parties agree that an administrative oversight in this regard does not void the job posting.

10.02 Until the vacancy is filled resulting from the job posting provisions, the Employer is free to fill the vacancy on a temporary basis as it sees fit.

10.03 No applications external to the bargaining unit will be considered until the internal posting process is exhausted.

10.04 In the event one (1) or more Employees apply for the position, the Employer shall consider the qualifications, experience, ability and availability of the applicants. Where these factors are relatively equal, the applicant with the greatest seniority shall fill the vacancy.

If the applicants are not qualified to perform the work required, the Employer reserves the right to immediately hire outside help.

10.05 (a) A successful applicant who fills the position or vacancy which is in a different classification than the one he/she held previously shall be placed on trial in the new position for a period for three hundred and thirty-seven and one-half (337.5) worked hours. The trial period may be extended by mutual agreement, but in any case, no longer than an additional one hundred and twelve and one-half (112.5) worked hours. Such promotion or transfer shall become permanent after the trial period unless:

(i) the Employee feels that she is not suitable for the position, and wishes to return to her former position; or

(ii) the Employer feels that the Employee is not suitable for the position, and requires that she return to her former position.

It is understood and agreed that once the trial period has expired, the Employer no longer has the right to return an Employee to her former position and the Employee no longer has the right to return to her former position.

In the event of either (i) or (ii) above, the Employee will return to her former position and salary without loss of seniority, any other Employee promoted or transferred as a result of the rearrangement of positions shall also be returned to her former position and salary without loss of seniority.

The above provisions shall also apply in the event of a transfer to a supervisory or managerial position outside the bargaining unit within the Long Term Care Home. It is understood however, that no Employee shall be transferred to a position outside the bargaining unit without her consent.

-18-

(b) The successful applicant will not be considered for other vacancies prior to the conclusion of four ( 4) months in the new position. Notwithstanding the above, employees would be free to apply for promotional opportunities or to transfer from a part-time to a full-time position.

10.06 When an Employee transfers from a full-time position to a part-time position, seniority in terms of days and years accumulated in the full-time unit shall be transferred to part-time status and converted to seniority in terms of one ( 1) year equals 1800 hours worked.

An Employee whose status is changed from part-time to full-time shall receive credit for his/her full seniority and service on the basis of one (1) year of seniority for each 1800 hours worked. Any time worked in excess of an equivalent shall be prorated at the time of transfer.

10.07 Temporary Vacancies

(a) In the event that the Employer decides to post a temporary vacancy of an anticipated duration of greater than eight (8) weeks, Employees working less than thirty-seven and one-half (37.5) hours a week shall be given the first opportunity to fill temporary vacancies, subject to Article 10.04. The Employer will outline to the Employee selected to fill the vacancy the anticipated conditions and duration of such vacancy. An Employee filling a temporary vacancy shall be able to perform the available work immediately without training.

(b) An Employee returning from leave of absence shall have the right to return to her former position in their original classification. In instances where an Employee returns to work prior to the estimated date of return, the Employer shall not be liable for payments to the resulting dis placed Employee( s ).

(c) In the event that a part-time Employee is the successful applicant, the part-time Employee shall retain his/her part-time status during the temporary full-time period.

( d) Nothing herein shall prevent the Employer from temporarily filling any position or vacancy for a period of up to eight (8) weeks duration as the Employer may deem appropriate nor require the Employer to declare a vacancy at any time.

( e) An Employee filling a temporary vacancy of eight (8) weeks or longer duration shall not bid on any other temporary posting until the end of his/her temporary position.

10.08 Employees shall be given the first opportunity to fill available hours caused by vacation. An Employee exercising her option shall not, as a result of such extra work, change her employment status (i.e. part-time, full-time). Further, the Employee will not be given hours of work that will result in overtime.

-19-

10.09 Permanent Transfers

(a) If an Employee is transferred or reclassified to a higher paying job classification, he shall receive the rate immediately above the rate of his prior job in the salary range of the job to which he is transferred. Job seniority for pay purposes shall date from the date the transfer becomes effective.

(b) If an Employee is transferred to a lower-paying job classification due to a reduction in staff, inability to perform his work as required, at the Employee's request, or any other reason as determined by the Employer acting within the scope of Article 3, the Employee will receive the corresponding rate for the job classification to which he was transferred. Job seniority for pay purposes shall include seniority on the job he is being transferred from.

ARTICLE 11 - NO CONTRACTING OUT

11.01 The Employer shall not contract out any work normally performed by Employees in the bargaining unit which shall directly cause a layoff of any bargaining unit Employee other than a Casual part-time Employee.

ARTICLE 12 - WORK OF THE BARGAINING UNIT

12.01 Persons excluded from the bargaining unit, with the exception of registered nurses represented by another bargaining agent, shall not perform duties normally performed by Employees in the bargaining unit which shall directly cause or result in a lay-off or reduction in hours of work of an Employee in the bargaining unit, excluding casual part time Employees. Additional exceptions:

i) For purposes of instruction, ii) In the event of an emergency situation, iii) When performing developmental or experimental work.

12.02 In the event the Employer plans to change a vacant full-time position to a part-time position, it will advise the Union.

12.03 Full-time Positions

The Employer will not split a full-time position into two or more part-time positions without the agreement of the Union. Such agreement will not be unreasonably withheld.

This provision does not apply in situations where two or more part-time positions have been combined to create full time hours for a specific Employee, in which case, if the Employee ceases employment, the Employer is free to separate the hours into two or more part time positions.

- 20-

ARTICLE 13 - PRINTING

13.01 The Employer and Union will share equally the cost of translating the English Collective Agreement into one traditional Chinese version upon both parties' agreement on the Chinese translation. The parties will also share equally the cost of printing the English and traditional Chinese versions of the Collective Agreements. Where the English version and the Chinese version of the Collective Agreement are inconsistent, the English version shall govern.

ARTICLE 14 - LEAVE OF ABSENCE

14.01 The Executive Director or designate may grant or refuse at its discretion, a request for a leave of absence without pay for extenuating personal reasons, provided that it receives at least one (1) month's notice in writing unless it is impossible to do so, and provided that such leave may be arranged without undue inconvenience to the normal operations of the Long Term Care Home. An Employee requesting a leave of absence must indicate the date of departure and specify the dates of return at the time of its request.

If a leave of absence is granted, the Employee shall be advised in writing.

To qualify for leaves of absence as stipulated above, the Employee must have completed six (6) months of employment with the Employer and it is expressly understood that no benefit except as hereinafter provided shall accrue to or be paid to any Employee on such leave of absence.

14.02 Pregnancy and Parental Leave

Pregnancy and parental leaves will be granted in accordance with the Ontario Employment Standards Act, as amended from time to time.

14.03 Pregnancy Leave

(a) An Employee who is pregnant shall be entitled, upon application, to pregnancy leave and parental leave immediately thereafter. Pregnancy leave shall be granted for seventeen ( 17) weeks as provided in the Employment Standards Act and may begin no earlier than seventeen ( 17) weeks before the expected birth date.

The Employee shall give the Employer two (2) weeks' notice, in writing, of the day upon which she intends to commence her leave of absence, unless impossible, and furnish the Employer with a certificate of a legally qualified medical practitioner stating that she is pregnant and giving the estimated day upon which delivery will occur.

(b) In order to be entitled to Pregnancy leave, the Employee must have started employment with her Employer at least thirteen (13) weeks prior to the expected date of birth.

- 21-

(c) The Employee shall give at least two (2) weeks' notice of her intention to return to work. The Employee may, with the consent of the Employer, shorten the duration of the leave of absence requested under this Article upon giving the Employer two (2) weeks' notice of her intention to do so, and furnishing the Employer with a certificate of a legally qualified medical practitioner stating that she is able to resume her work.

Additional leave of absence may be taken under Article 14.10, Parental Leave.

(d) Notwithstanding Article 14.03 (b) above, an Employee must complete ten (10) months of continuous service prior to the expected date of birth to be paid a supplemental Employment Insurance Benefit.

An Employee on pregnancy or parental leave and entitled to El pregnancy and/or parental leave benefits shall be paid a SUB payment equivalent to 20% of the difference between 75% of the Employee's regular weekly base pay and the sum of the Employee's weekly El benefits. In any week, the total of SUB payments and the weekly El benefits payments will not exceed 75% of the Employee's regular weekly base pay.

Vested Interest - Employees do not have a right to SUB payments except for supplementation of E.I. benefits during the unemployment period as specified in the plan.

Other Income - Payments in respect to guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan.

Such payment shall commence after the one (1) week employment insurance waiting period and shall continue while the Employee is in receipt of such benefits for a maximum period of seventeen ( 17) weeks.

The Employee's 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 regular hourly rate shall be calculated to include all of the Employee's insurable earnings as defined by the Employment Insurance System.

The SUB top-up by the Home would not take into account E.I. insurable earnings from sources other than this facility.

14.04 An Employee who does not apply for leave of absence under Article 14.03 (a) and who is otherwise entitled to pregnancy leave, shall be entitled to and shall be granted leave of absence in accordance with Article 14.03 (a) upon providing the Employer, before the expiry of two (2) weeks after she ceased to work, with a certificate of a legally qualified medical

-22-

practitioner stating that she was not able to perform the duties of her employment because of a medical condition arising from her pregnancy, and giving the estimated day upon which, in his opinion, delivery will occur or the actual date of her delivery.

14.05 During the period of leave, the Employer shall continue to pay the Employer's portion of medical, dental, group life and other benefits included and prescribed by the Employment Standards Act unless the Employee gives the Employer written notice that the Employee does not intend to pay the Employee contributions, on the condition that the Employee provides the Employer with post-dated cheques for her portion of the premium payment for the period of the leave, one (1) month in advance of when the monthly premium is due.

14.06 An Employee who intends to resume her employment on the expiration of the leave of absence granted to her under this Article shall so advise the Employer when she requires the leave of absence. If an Employee returns to work at the expiry of the normal pregnancy or parental leave, and the Employee's former position still exists, the Employee will be returned to her former job.

All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former position.

14.07 Such absence is not an illness under the interpretation of this Agreement, and credits on the accumulated sick leave plan cannot be used.

14.08 Credits for service for the purpose of salary increments, vacations, or any other benefit included and prescribed under the Employment Standards Act shall continue and seniority shall accumulate during the leave.

14.09 Upon expiry of seventeen (17) weeks pregnancy leave, an Employee may immediately commence parental leave, as provided under Article 14.10 of this Agreement. The Employee shall give the Employer at least two (2) weeks notice, in writing, that she intends to take parental leave.

14.10 Parental Leave

(a) An Employee who becomes a parent, who has been employed for at least thirteen (13) weeks immediately preceding the date of the birth of child or the date the child first came into care or custody of the Employee, shall be entitled to parental leave.

(b) A "parent" includes: the natural mother or father of the child; a person with whom a child is placed for adoption; and a person who is in a relationship with the parent of the child and who intends to treat the child as his or her own.

(c) Parental leave must begin no later than seventy-eight (78) weeks after the day the child is born or comes into the custody, care and control of the parent for the first time. For

-23-

Employees on pregnancy leave, parental leave will begin immediately after pregnancy leave expires. Parental leave shall be granted for up to sixty-one (61) weeks in duration if the Employee also took pregnancy leave and sixty-three (63) weeks in duration if she did not.

(d) An Employee may end her parental leave as set out in paragraph (c) above (or earlier) by giving the Employer written notice at least four ( 4) weeks before the last day of the leave.

(e) Notwithstanding Article 14.10 (a) above, an Employee must complete ten (10) months of continuous service immediately preceding the date of the birth of the child or the date the child first came into care or custody of the Employee to be eligible to be paid a supplemental Employment Insurance Benefit.

An Employee on pregnancy or parental leave and entitled to El pregnancy and/or parental leave benefits shall be paid a SUB payment equivalent to 20% of the difference between 75% of the Employee's regular weekly base pay and the sum of the Employee's weekly El benefits. In any week, the total of SUB payments and the weekly El benefits payments will not exceed 75% of the Employee's regular weekly base pay.

Vested Interest - Employees do not have a right to SUB payments except for supplementation of E.I. benefits during the unemployment period as specified in the plan.

Other Income - 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 this plan.

Such payment shall commence after the one ( 1) week employment insurance waiting period and shall continue while the Employee is in receipt of such benefits for a maximum period of ten (10) weeks.

The Employee's 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 regular hourly rate shall be calculated to include all of the Employee's insurable earnings as defined by the Employment Insurance System.

The SUB top-up by the Home would not take into account E.I. insurable earnings from sources other than this facility.

(f) For the purposes of parental leave under Article 14.10 Parental Leave, the provisions under 14.02, 14.05, 14.06, 14.07, 14.08 and 14.09 shall also apply.

-24-

14.11 Union Leave

(a) The Executive Director or designate shall grant leaves of absence to Employee members to attend Union Conventions, Seminars, Education Classes or other Union business. The Union agrees that such leave will not unduly affect the proper, safe and efficient operations of the Long-Term Care Home.

(b) In requesting such leaves of absence

(i) the Union must give fourteen (14) days clear notice in writing to the Employer;

(ii) there shall be no more than sixty (60) days of Union Leave in aggregate per year for all SEIU bargaining units at the facility, and no more than five (5) days of Union Leave per representative per year.

(c) Employees on such leave of absence will be paid by the Employer who will be reimbursed by the Union for the amount paid to the Employees. While on unpaid Union leave pursuant to Article 14.11, affected Employees will be maintained on regular pay and benefits, and the Union shall fully reimburse the Employer for wages, statutory benefits (i.e. EHT, El and WSIB) and Pension, but would not include Health and Welfare premium (if applicable).

(d) Upon application by the Union in writing, the Employer will give reasonable consideration to a request for leave of absence, without pay, to an Employee elected or appointed to a 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. Seniority shall accumulate during such leave to the maximum provided, if any, under the provisions of the Collective Agreement. It will become the responsibility of the Employee for full payment, one ( 1) month in advance, of any applicable benefits in which the Employee is participating during such leave of absence.

(e) It is agreed that for the purpose of WSIB coverage, such Employees are deemed to be employed by the Union.

14.12 Bereavement Leave

(a) Upon the death of an Employee's spouse, (to include same sex partner), child or stepchild, an Employee shall be granted leave up to a maximum of five (5) consecutive calendar days without loss of pay.

(b) Upon the death of an Employee's mother, father, step-parents, mother-in-law, father-in­law, brother, sister, brother-in-law, sister-in-law, legal guardian, grandparent,

-25-

grandchildren, son-in-law or daughter-in-law the Employee shall be granted leave up to a maximum of three (3) consecutive calendar days without loss of pay.

(c) It is agreed that pay for such days of absence is limited to the days actually missed from work as per the Employee's scheduled working days.

(d) In the event of a delayed interment, an Employee may save one of the days identified above without loss of pay to attend the interment.

( e) An Employee shall be granted one ( 1) day bereavement leave without loss of pay on the death of his or her aunt or uncle, niece or nephew.

(f) An Employee will not be eligible to receive payment under the terms of Bereavement Leave for any period in which she is receiving payments for holiday pay or vacation pay.

Note: It is understood that if an Employee is on sick leave the bereavement leave will not be charged against sick leave accumulated.

(g) Where it is necessary because of distance, the Employee may be provided up to four (4) days additional unpaid leave.

14.13 Jury and Witness Duty

If an Employee is required to serve as a juror in any court of law, or is required to attend as a witness on behalf of the Crown in a court proceeding in which the Crown is a party, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the Employee's duties at the Long Term Care Home, the Employee shall not lose regular pay because of such attendance, provided that the Employee:

(a) notifies the Long Term Care Home immediately on the Employee's notification that he will be required to attend at court;

(b) presents proof of service requiring the Employee's attendance; and

(c) deposits with the Long Term Care Home the full amount of compensation received, excluding mileage, travelling and meal allowance, and an official receipt thereof.

14.14 Education Leave

(a) If required by the Employer, an Employee shall be entitled to a leave of absence with pay and without loss of seniority, service, and benefits to upgrade his or her employment qualifications or to acquire additional qualifications related to his or her employment with the Employer.

- 26-

(b) Where Employees are required by the Employer to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full cost for the courses.

(c) The Executive Director or designate may grant a request for unpaid leave of absence for up to four (4) months in accordance with the Employer's Education Leave Policy, provided that the Employee provides at least two (2) months' notice in writing and provided that such a leave may be arranged without inconvenience to the normal, safe and efficient operations of the Long Term Care Home. Applicants, when applying, must indicate the date of departure and specify date of return.

14.15 An Employee who has been granted a leave of absence of any kind, and who overstays his leave, unless he obtains permission or provides a satisfactory explanation, shall be considered to have terminated his employment without notice.

14.16 Public Office Leave

An Employee who is elected or appointed to Federal, Provincial, Municipal or Regional Municipal office, who is required to be absent from work because of his or her elected or appointed duties shall upon written application to the Employer, be granted sufficient time on leave of absence without pay to comply with their duties. This leave of absence will be granted for a maximum of four ( 4) years.

It will become the responsibility of the Employee for full payment of any applicable benefits in which the Employee is participating during such leave of absence. Such payment shall be in advance of when the monthly premium is due.

ARTICLE 15 - HOURS OF WORK

15.01 This Article defines the normal hours of work for Employees and is not a guarantee of hours of work per day or per week or a guarantee of days of work per week.

(a) The regular hours of work for Employees shall be seven and one-half (7.5) hours per day excluding meal periods. The seven and one-half (7.5) hours per day will generally be worked within an eight (8) hour period.

The Employer and the Union will meet in advance of the Employer introducing any additional split shift arrangement. No split shift arrangement will be introduced without the affected Employee's consent.

(b) During the changeover from Daylight Savings Time to Eastern Standard Time, or from Eastern Standard Time to Daylight Savings Time, an Employee shall be paid for actual hours worked.

- 27-

(c) For Registered staff: Employees required for reporting purposes shall remain at work for a period of up to fifteen (15) minutes which shall be unpaid. Should the reporting time extend beyond fifteen (15) minutes, however, the entire period that extends beyond the shift shall be considered overtime for the purposes of payment.

15.02 Work Schedule

(a) Work schedules covering a minimum of a two (2) week period will be posted two (2) weeks in advance. Subject to Article 20, Employee requests for specific days off must be submitted to the Executive Director or designate one (1) week in advance of posting.

(b) No Employee shall be regularly scheduled to work more than seven (7) consecutive days without being given two (2) or more days off work, provided, however, premium pay at the rate of one and one half (1 Y2) times the Employee's applicable hourly rate shall be paid for any days worked over seven (7) consecutive days, except in the case of an exchange of shifts between Employees.

(c) The Employer will endeavour to schedule one (1) weekend off every three (3) weekends for full-time Employees.

This provision shall not apply to full-time Employees who have requested weekend work, or were advised at time of hire or when the job was posted that they are required to work weekly weekend work.

It is understood that this provision does not apply to an Employee who accepts a call-in pursuant to Article 15.02 (d) or who picks up work that becomes available after the schedule is posted.

(d) Scheduling of call-in assignments will be done on a rotating seniority basis, provided that the call in does not result in overtime.

( e) Shift Change - Where possible, Employees will provide the Department Head or designate two (2) business days' notice in advance of the requested change.

15.03 Lunch or Meal Periods

Meal periods will be uninterrupted, except in cases of emergency. Should an Employee be called into duty during her meal break, additional time will be provided for the meal break later in the shift.

- 28-

15.04 Breaks

Employees will be allowed breaks within the shift without reduction in pay and without increasing the regular working hours as follows:

Shift Length Breaks

Greater or equal to 4 hours up to and including 5.5 hours .................................................................. 1 - 15 minute break

More than 5.5 hours .................................................. 2 -15 minute breaks

In addition to the above, any shift over five (5) hours will also have a one-half (.5) hour unpaid meal break within the shift.

ARTICLE 16 ·OVERTIME AND SHIFT PREMIUMS

16.01 Overtime

(a) Overtime shall be paid for all hours worked over seventy-five (75) hours in a bi-weekly period, at the rate of time-and-one-half (1.5) the Employee's regular rate of pay.

(b) All overtime work must be authorized by the Employee's supervisor in advance.

For the purposes of this Article, the RN, RPN and PSW supervisor shall be the Director of Resident Care or Assistant Director of Resident Care.

(c) Employees required to continue working more than four (4) hours beyond a seven and one-half (7 .5) hour shift shall receive one free meal.

( d) Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked.

( e) Overtime will only apply if the Employee actually works more than the seventy-five (75) hours; it will not apply where the Employee has taken leave or has had a vacation in the period, such that the paid hours exceed seventy-five (75) in a two (2) week period.

(f) Overtime pay shall be based on the Employee's regular rate of pay and there shall not be any pyramiding of overtime and any other premiums under this Agreement.

-29-

16.02 Shift Premiums

(a) All employees shall receive a night shift premium for all hours worked between 23:00 Sunday and 07:00 Monday, 23:00 Monday and 07:00 Tuesday, 23:00 Tuesday and 07:00 Wednesday, 23:00 Wednesday and 07:00 Thursday, and 23:00 Thursday and 07:00 Friday, as follows:

All Employees except RPNs and RNs: $0.25 per hour (Effective January 1, 2019: $0.35 per hour) RPN: $0.30 per hour (Effective January 1, 2019: $0.55 per hour) RN: $0.50 per hour (Effective January 1, 2019: $0.65 per hour)

(b) In no event shall there be any pyramiding of benefits or payments.

(c) Weekend Premiums

For all Service Staff: Between 23:00 Friday to 23:00 Sunday:

$0.20 per hour.

For PSW. RN. RPN: Between 07:00 to 15:00 for each of Saturday and Sunday:

$0.25 per hour.

Between 15:00 to 23:00 for each of Saturday and Sunday: PSW: $0.35 per hour RPN: $0.50 per hour RN: $0. 70 per hour

Between 23:00 Friday and 07:00 Saturday, and between 23:00 Saturday and 07:00 Sunday:

PSW: $0.35 per hour (Effective January 1, 2019: $0.45 per hour) RPN: $0.50 per hour (Effective January 1, 2019: $0.60 per hour) RN: $0. 70 per hour (Effective January 1, 2019: $0.80 per hour)

There shall be no pyramiding of shift and weekend premiums.

16.03 Minimum Reporting Pay

If an Employee reports for work at the regularly scheduled time for his or her shift and no work is available, such Employee will be entitled to a minimum of four ( 4) hours pay at the Employee's regular rate provided that

- 30-

(a) The Employee has not been previously notified by the Employer to the contrary, either orally or by message left at the Employee's residence

(b) If requested by the Employer, the Employee shall perform a minimum of four ( 4) hours of such available work as the Employer may assign.

16.04 Article 16.03 shall be waived and not binding upon the Employer in case of any labour dispute or emergency such as fire and power shortage which disrupt the operation of the Long-Term Care Home, nor shall it apply to Employees returning to work without notice after absence.

Minimum Reporting Allowance does not apply where work cannot be provided due to fire, power failure, storms or similar causes beyond the control of the Employer resulting in the stoppage of work.

16.05 Call Back

(a) When an Employee is called back to work after leaving the Long Term Care Home premises upon completion of his shift, such Employee will receive a minimum of four ( 4) hours pay at straight time rates, or actual hours worked at time and one-half (1 'V2) his regular rate of pay, whichever is the greater. It is understood that this provision shall not apply in the case of Employees required to work immediately prior to the commencement of their regular shift.

(b) Where a second call takes place after the four ( 4) hours have elapsed from the time of the first call, it shall be subject to a call back premium but in no case shall the Employee collect two call backs within the first four ( 4) hours from the time of the first call, or any subsequent four (4) hour period.

16.06 Call In

(a) 11Call In" shall mean calling an Employee in to work a shift for which she is not scheduled.

(b) PSWs, and RPNs and RNs who are called in will be paid at 1.2 (one-and-one-fifth) times their regular rate (with no pyramiding) in the event of call in.

This provision applies to Employees who are called on to work commencing within twenty­four (24) hours of the call and will only apply to the first of the assigned shifts.

(c) Where the call in is requested within one-half(%) hour of the starting time of the shift and the Employee commences work within one (1) hour of the call, then the Employee will be paid as if the entire shift had been worked, provided she completes the shift for which she was called in.

-31-

( d) If the Employee reports for work within one ( 1) hour of the request for call in then the Employer will guarantee a minimum of four (4) hours work at straight time pay.

( e) All call-in of shifts shall be given in order of seniority on a rotational basis of those Employees on the availability list, at non-overtime rates of pay, before securing an agency replacement.

(f) PSWs, RPNs and RNs are paid at 1. 7 times their regular rate in the event that Call-In results in overtime.

16.07 Responsibility Allowance for Work Outside the Bargaining Unit

When the Employer temporarily assigns an Employee to carry out the responsibilities of a non-Union supervisory Employee for a period in excess of one half (1/2) shift, the Employee shall receive an allowance of eight dollars ($8.00) for each shift from the time of the assignment.

ARTICLE 17 -ALLOWANCES

17.01 Shoe Allowance

Maintenance Technician and Facility Aide are required to wear toe protective/safety footwear. Upon completion of probation, such Employees will be provided with the following reimbursement for the purchase of toe protective/safety footwear upon production of a receipt:

Full-time Employees: reimbursement up to $90.00 per year Part-time Employees: reimbursement up to $90.00 every two (2) years

Dietary staff and Housekeeping/Laundry staff are required to wear slip-resistant shoes. Upon completion of probation, such Employees will be provided with the following reimbursement for the purchase of slip resistant shoes upon production of a receipt:

Full-time Employees: reimbursement up to $60.00 per year Part-time Employees: reimbursement up to $60.00 every two (2) years

17.02 Inclement Weather Allowance

All Employees shall be paid thirty dollars ($30.00) per year per Employee payable on the first pay of the year.

17 .03 Transportation Allowance

The Employer agrees to continue its policy on transportation allowance

-32-

ARTICLE 18 - HEAL TH AND SAFETY

18.01 The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Home, in order to prevent injury and illness and abide by the Occupational Health and Safety Act, as amended from time to time. The Employer shall maintain a comprehensive policy on safe work practices. Such policies will be reviewed by the Joint Health and Safety Committee.

The Employer and the Employees shall abide by the Policies contained in the Corporate Health and Safety Manual. In the event of any inconsistencies between such policies and the Collective Agreement, the Collective Agreement shall prevail.

18.02 A Joint Management and Employee Health and Safety Committee shall be constituted with representation of at least half by Employees from the various bargaining units and of Employees who are not represented by the Unions and who do not exercise managerial functions, which shall identify potential dangers, recommend means of improving the health and safety programs and obtaining information from the Employer or other persons respecting the identification of hazards and standards elsewhere. The Committee shall normally meet at least once per quarter. Such meetings can be changed by mutual agreement between the Employer and the Joint Management and Employee Health and Safety Committee.

Scheduled time spent in such meetings is to be considered time worked for which representative(s) shall be paid by the Employer at his or her regular or overtime rate, as applicable.

Minutes shall be taken of all meetings and copies shall be sent to the Committee members. Minutes of the meetings shall be posted on the workplace health & safety bulletin board.

The Employer shall provide the time from work with pay and all related tuition costs and expenses necessary to certify a sufficient number of worker representatives as prescribed by legislation.

Where an inspector makes an inspection of a workplace under the powers conferred upon him or her under the Occupational Health and Safety Act, the Employer shall afford a certified committee member representing workers the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. Where a worker certified member is not on-site and available, the Employer shall afford a worker health and safety representative if any, or a worker selected by a Union, because of knowledge, experience and training, the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof.

18.03 Two (2) representatives of the Joint Health and Safety Committee, one (1) from management and one ( 1) from the Employees, shall make monthly inspections of the work place and shall report to the health and safety committee the results of their inspection. Such inspections shall

-33-

be completed within a two (2) hour period. The members of the Committee who represent the workers shall designate a certified member or person who is properly trained to inspect the workplace. The Employer shall provide the member with such information and assistance as the member may reasonably require, subject to applicable legislation, for the purpose of carrying out an inspection of the workplace.

In the event of accident or injury, such two (2) representatives shall be notified immediately and shall investigate and report as soon as possible to the Committee and to the Employer on their view of the nature and causes of the accident or injury. Furthermore, such representatives must be notified of the inspection of a government inspector and shall have the right to accompany him on his inspections. Scheduled time spent in all such activities shall be considered as time worked.

18.04 The Joint Health and Safety Committee and the representatives thereof shall have access to Incident/Accident Report Form required in Section 51, Section 52, and Section 53 of the Occupational Health and Safety Act and the annual summary of workplace data. It is understood and agreed that no information will be provided to the Committee which is confidential.

18.05 The Union will use its best efforts to obtain the full co-operation of its membership in the compliance of all safety rules and practices.

18.06 The Employer will use its best efforts to make all affected Employees aware of residents who have serious infectious diseases. The nature of the disease need not be disclosed. Employees will be made aware of special procedures required of them to deal with these circumstances. The parties agree that all Employees are aware of the requirement to practice universal precautions in all circumstances.

18.07 Violence

(a) The parties agree that violence shall be defined as any incident in which an Employee is abused, threatened or assaulted while performing his or her work. The parties agree it includes the application of force, threats with or without weapons and severe verbal abuse. The parties agree that such incident will not be condoned. Any Employee who believes he/she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. This Article shall be subject to Section 43 of the Occupational Health and Safety Act which relates to certain circumstances or conditions being inherent in an Employee's work.

(b) The Employer agrees to maintain formalized policies and procedures in accordance with applicable consultation with the Joint Health and Safety Committee to deal with workplace violence. The policy will address the prevention of violence and the management of violent situations and support to Employees who have faced workplace violence. These policies and procedures shall be communicated to all Employees.

- 34-

( c) The Employer will report all incidents of violence as defined herein to the Joint Health and Safety Committee ·for review.

( d) The Employer agrees to provide training and information on the prevention of violence to all Employees who come into contact with potentially aggressive persons. This training will be done during a new Employee's orientation and updated ~s required.

18.08 The Employer shall:

(a) inform Employees of any situation relating to their work which may endanger their health and safety, as soon as it learns of the said situation:

(b) inform Employees regarding the risks relating to their work and provide training and supervision so that Employees have the skills and knowledge necessary to safely perform the work assigned to them;

(c) ensure that the applicable measures and procedures prescribed in the Occupational Health and Safety Act are carried out in the workplace.

18.09 The Employee shall:

(a) work in compliance with the provisions of the Occupational Health and Safety Act and the regulations, and the Employer's Health and Safety Roles and Responsibility policy;

(b) use or wear the equipment, protective devices or clothing that the Employer requires to be used or worn;

(c) report to his or her supervisor the absence of or defect in any equipment or protective device of which the Employee is aware and which may endanger himself, herself or another Employee; and

(d) report to his or her supervisor any contravention of the Occupational Health and Safety Act or the regulations or the existence of any hazard of which he or she knows.

18.10 Injured Worker Provision

At the time an injury occurs, the Employer shall provide transportation for the worker (if the worker needs it) to a hospital or a physician located within a reasonable distance or to the worker's home. The Employer shall pay for the transportation.

-35-

18.11 Infectious Diseases

The Joint Health and Safety Committee may review and offer input into infection control programs and protocols including surveillance, outbreak control, isolation, precautions, worker education and training, and personal protective equipment.

The Employer will provide training and ongoing education in communicable disease recognition, use of personal protective equipment, decontamination of equipment, and disposal of hazardous waste.

The Employer and Employees will use its best efforts to record and report all needlesticks and sharps incidents.

18.12 The Joint Health and Safety Committee will discuss and shall recommend, where appropriate, appropriate measures to promote health and safety in workplaces, including but not limited to:

- Musculoskeletal Injury Prevention - Needle Stick Injury Prevention - Personal Protective Equipment

18.13 No Harassment

The Employer and the Union are committed to providing a positive environment for staff. All individuals have the right to be treated with respect and dignity. Each individual has the right to work in an atmosphere which promotes respectful interactions and is free from discrimination, harassment and violence.

Where a bargaining unit member has a concern or complaint of harassment by another Employee, she shall bring such concern or complaint to the attention of her Supervisor. If the concern or complaint involves her Supervisor, she may bring it to the attention of an alternate person in Management. The Employer will conduct a thorough investigation into the allegations. The Employer will offer an Employee the right to have a Union Steward present in any meeting where disciplinary action is issued in accordance with Article 7.03 arising from the concern or complaint.

Should the Employee not be satisfied with the response, she is entitled to file a grievance under the terms of this Collective Agreement.

ARTICLE 19 ·PAID HOLIDAYS

19.01 (a) Employees shall receive the following holidays with pay:

New Year's Day (January 1st) Labour Day (1st Monday in September) -36-

Family Day (3rd Monday in February) Good Friday Victoria Day (Monday preceding May 25th) Canada Day (July 1st) Civic Day (1st Monday in August)

Thanksgiving Day (2"d Monday in October) Christmas Day (December 25th) Boxing Day (December 26th)

2 Float/Cultural days

(b) The intent is that there shall be no more than twelve (12) paid holidays during the term of this Agreement. If another Federal, Provincial or Municipal holiday should be proclaimed during the term of the Collective Agreement, such additional holiday would replace one ( 1) of the designated Float/Cultural holidays mentioned above.

19.02 Pay for the holidays listed in Article 19.01 for Part-Time Employees shall be incorporated in to their percentage payment in lieu of benefits.

19.03 The Employer may require any Employee to work on any of the above mentioned paid holidays. An Employee who is required to work, and does in fact work, on any of the above­mentioned holidays will be compensated at the rate of one and one-half (1 Y:z) times her regular rate for all hours worked on the holiday. In addition, Full-time Employees will be paid for the paid holiday at the time the paid holiday occurs. If requested, a Full-time Employee may take an unpaid day off in lieu of the paid holiday.

The lieu day must be taken on a day agreed to by the Employer within a period of sixty (60) calendar days following the paid holiday.

19.04 An Employee is not entitled to holiday pay if:

(a) The Employee fails without reasonable cause to work their entire regularly scheduled shift before and/or after the paid holiday; or

(b) The Employee fails without reasonable cause to work their entire shift on the public holiday if the Employee agreed to or was required to work that paid holiday.

19.05 There shall be no pyramiding of premium pay, overtime pay, sick leave pay and paid holiday pay.

19.06 A Full-Time Employee who wishes to take the above-noted cultural/religious float days shall apply to their supervisor for such time off at least four ( 4) weeks in advance unless the Employee applying with shorter advance notice is able to find a suitable replacement for his/her shift without overtime being incurred. The· supervisor may restrict the number of approvals given for some cultural/religious holidays due to the need to maintain adequate service. Where this is necessary, the decision will be based on Employee's seniority, and the supervisor will provide the Employee whose day is not approved with an alternate day off.

-37-

ARTICLE 20 -VACATIONS

20.01 For the purpose of calculating eligibility, the vacation year shall be the period from January 1 of any year to December 31 of that year.

20.02 Requests for vacation must be submitted in writing by November 15 of the preceding year, and the resulting vacation schedule for the following year will be posted in the workplace by December 15. Requests received after November 15 will be considered on a first come first serve basis. If an Employee fails to schedule his/her vacation by May 15 of any year, the Employee's vacation schedule will be determined by the Employer.

Cancellation of vacation may be applied before tentative schedule is posted.

20.03 The periods at which Employees shall take vacation shall be based on the selection by the Employee according to seniority in each department, but shall be finally determined by the Employer having due concern for the proper, safe and efficient operation of the Long-Term Care Home.

20.04 Unless otherwise approved by the Employer:

(a) An Employee who is entitled to two (2) weeks vacation shall, at a minimum, have one week of her vacation scheduled in a one ( 1) week block.

(b) An Employee who is entitled to more than two (2) weeks vacation shall have, at a minimum, two weeks of vacation time scheduled in one (1) week or two-week blocks.

(c) Vacation may be requested in single days by submitting requests to management three (3) full business days in advance of the requested day, or portion thereof. Approval of such vacation will not be unreasonably withheld.

20.05 (a) Full-time Employee Vacation Entitlement

Employees who have not completed their probationary period as of December 31st, will receive four (4%) of their earnings during the vacation year.

Employees who have completed their probation period as of the vacation cutoff date will be granted one (1) day vacation leave for each month of service to a maximum of ten (10) calendar days.

For PSW and Service Employees

Employees with over one (1) year of service but less than three (3) years of service on or before December 31st of the current year, shall receive two (2) weeks' vacation. Vacation pay will be at their current rate.

-38-

Employees with three (3) years of service but less than eight (8) years of service on or before December 31st of the current year, shall receive three (3) weeks' vacation. Vacation pay will be at their current rate.

Employees with eight (8) years of service but less than fifteen (15) years of service on or before December 31st of the current year, shall receive four (4) weeks' vacation. Vacation pay will be at their current rate.

Employees with fifteen (15) years of service but less than twenty-three (23) years of service on or before December 31st of the current year, shall receive five (5) weeks' vacation. Vacation pay will be at their current rate.

Employees with twenty-three (23) years of service but less than twenty-eight (28) years of service on or before December 31st of the current year, shall receive six (6) weeks' vacation. Vacation pay will be at their current rate.

Employees with twenty-eight (28) years of service on or before December 31st of the current year, shall receive seven (7) weeks' vacation. Vacation pay will be at their current rate.

For RNs and RPNs

Employees with over one (1) year of service but less than five (5) years of service on or before December 31st of the current year, shall receive three (3) weeks' vacation. Vacation pay will be at their current rate.

Employees with five (5) years of service but less than fifteen (15) years of service on or before December 31st of the current year, shall receive four ( 4) weeks' vacation. Vacation pay will be at their current rate.

Employees with fifteen (15) years of service but less than twenty-three (23) years of service on or before December 31st of the current year, shall receive five (5) weeks' vacation. Vacation pay will be at their current rate.

Employees with twenty-three (23) years of service but less than twenty-eight (28) years of service on or before December 31st of the current year, shall receive six (6) weeks' vacation. Vacation pay will be at their current rate.

Employees with twenty-eight (28) years of service on or before December 31st of the current year, shall receive seven (7) weeks' vacation. Vacation pay will be at their current rate.

- 39-

20.06 Part-time Employee Vacation Entitlement

All part-time Employees shall be entitled to vacation pay based upon the applicable percentage of their gross earnings provided in accordance with the vacation entitlement for full-time Employees on the following basis:

2 weeks or less entitlement.. ... 4% 3 weeks entitlement ................ 6% 4 weeks entitlement ................ 8% 5 weeks entitlement .............. 10% 6 weeks entitlement ........... 12% 7 weeks entitlement ........... 14%

For the purpose of assessing a part-time Employee's vacation entitlement, 1800 hours worked equals one (1) year of service.

20.07 Employees may carry forward up to a maximum of one ( 1) week vacation, into the next vacation year. Vacation carry forward must be taken by December 31st of the following year. Vacation carry forward that is not scheduled by December 31st of the previous year will be scheduled by the Employer.

20.08 On termination, Employees will be paid out vacation pay for any accrued and unused vacation pursuant to the applicable laws.

20.09 If the Employee transfers from part-time to full-time or vice versa, the following method shall be used to calculate his/her vacation service date:

1800 hours worked equals one ( 1) year of service.

ARTICLE 21 - HEAL TH AND INSURANCE BENEFITS

21.01 The Employer shall continue to provide the same Health and Welfare benefits coverage on the terms as in effect on July 1, 2011, including the same premium cost share and co­insurance arrangements.

Effective ninety (90) days after the decision of the Arbitration panel, the Employer will discontinue the Employees' participation in, and coverage under, the current Long Term Disability benefits plan.

The Employer will maintain a health care spending account for Employees at the same levels, and on the same terms and conditions, as in effect on the date of ratification. Effective January 1, 2019, the health care spending account levels shall be as follows for Eligible Employees:

-40-

Full-Time: Family $900; Single $450 Grandfathered Part-Time: Family $450; Single $225

21.02 Part time Employees shall receive eight percent (8%) in lieu of paid holiday, cultural day pay, group health and sick leave benefits. The calculation shall be based on each hour worked times the base rate of pay. Effective January 1, 2019, Part time employees shall receive eight and a half percent (8.5%) in lieu of paid holiday, cultural day pay, group health and sick leave benefits.

Notwithstanding the current practice of providing the above noted percentage-in-lieu of benefits to part-time Employees, the practice of providing the benefits coverage (rather than the percentage-in-lieu of benefits) to certain grandparented part-time Employees shall continue.

21.03 Change of Carriers

The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargained for. Any problems with respect to the insurer acknowledging or honouring any claims is a matter as between the Employee and the insurer. The Employer will provide advance notice to the Union prior to substituting carriers.

21.04 Nursing Homes and Related Industry Pension Plan

(a) This Article applies to all Employees excluding RNs and RPNs as applicable.

(b) In this Article, the terms used shall have the meanings as described:

"Plan" means the Nursing Homes and Related Industries Pension Plan, being a multi­Employer plan.

"Applicable Wages" means the basic straight time wages for all hours worked, including:

(i) the straight time component of hours worked on a holiday (ii) holiday pay, for the hours not worked; and (iii) vacation pay.

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

"Eligible Employee" means full-time and part-time Employees in the bargaining unit who have completed the probation period defined in Article 8.02 and who are not prohibited

-41-

from contributing to the Plan by legislation or the Plan rules because of their age or because they are in receipt of a pension from the plan.

(c) Each eligible Employee covered by this Collective Agreement shall contribute from each pay period an amount equal to four percent (4%) of applicable wages to the Plan. The Employer shall match such contributions, the amount being four percent (4%) of applicable wages.

Notwithstanding the foregoing, where an error has been made in deduction, the Employer shall, upon request, make full payment on any outstanding Employer contributions irrespective of whether the Employee pays the matching amount.

The parties agree that this Article in no way prejudices the position of either party as it relates to the retroactivity application if an error is discovered.

(d) The Employee and Employer contributions shall be paid to the Plan within thirty (30) days after the end of the calendar month in which the pay period ends for which the contributions are attributable.

( e) The Union acknowledges and agrees that other than making its contributions to the Plan as set out in this Article, the Employer shall not be obligated to contribute towards the cost of benefits provided by the Plan, or be responsible for providing any such benefits.

The Union and Employer acknowledge and agree that under current pension legislation, and/or regulations, the Employer has not requirement to fund any deficit in the Plan, but is required to contribute only that amount as required by the Collective Agreement in force between the parties.

It is understood and agreed by the Employer and the Union that should the current pension legislation or regulations be changed so that the Employer's obligation to contribute to the Plan exceeds the amount specified in the Collective Agreement then in force, the parties will meet directly to finalize methods to relieve the Employer of this obligation to the extent that any such obligation exceeds that which the Employer would have if the Plan were a defined contribution plan.

(f) The Employer agrees to provide to the Administrator of the Plan, on a timely basis all information required pursuant to the Pension Benefits Act, R.S.O. 1990, CH P-5 as amended, which the Administrator may reasonably require in order to properly record and process pension contributions and pension benefits.

The information required to be provided by the Employer may be provided in the form normally maintained by the Employer, whether on computer disc, manual records or otherwise. In the event such information is not readily available without review of other information not relevant to the Plan, the Plan shall make arrangements with the Employer

-42-

for access to the required information. This may include the Employer providing such information at reasonable cost to the Plan. If the Administrator of the Plan and Employer are unable to agree on the form of such access, a mutually acceptable third party, such as a firm of accountants and auditors, shall be retained at the expense of the Plan to obtain such information from the Employer's files.

Such information shall be provided only on enrolment of an Employee or with the monthly remittances.

Any additional information requests beyond that noted above may be provided, if possible, by the Employer, it being understood that any additional costs of such request shall be borne by the Plan.

For further specificity, the items required for each eligible Employee are:

(i) To be Provided once only at Plan Commencement - Date of Hire - Date of Birth - Date of first remittance - Seniority list to include hours from date of hire to Employer's fund entry date (for

purposes of calculations past service credit)

(ii) To be Provided with each Remittance - Name - Social Insurance Number - Monthly remittance - Pensionable earnings - Employer portion of arrears owing due to error, or late enrolment by the Employer

(iii) To be Provided Periodically - Address as provided to the Home once when the Employee joins the plan, and

annually for all Employees in October of every year

(iv) To be Provided once. if they are Readily Available - Gender - Marital Status

(g) If there is an allegation of non payment of pension contributions, the Union will file a grievance, along with a copy of the grievance to a Chair mutually agreed upon by the parties (one of Norm Jesin, Laura Trachuk, John Stout, or KellyWaddingham). The Chair will contact the Employer, who will respond within seven (7) days. If not resolved, the Chair will convene a hearing to determine the matter within thirty (30) days.

-43-

(h) Where legislation or the Plan prohibits an Employee from contributing to NHRIPP because of age, an amount equivalent to the deductions in Article 21.04 (c) will be directed to a Mutual Fund of the Employee's choice.

21.05 Healthcare of Ontario Pension Plan CHOOPP)

RNs and RPNs shall participate in the Healthcare of Ontario Pension Plan (HOOPP).

ARTICLE 22 • WORKPLACE INJURY AND DISABILITY

22.01 Where an Employee is absent due to illness or injury which is compensable by WSIB, the following shall apply:

(a) The Employee will be eligible for benefits in accordance with Article 8.01 (d).

{b) A person absent on WSIB will accrue service for up to twenty-four (24) months for vacation entitlement purposes

22.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident.

22.03 The Employer will comply with the Ontario Human Rights Code and the Workplace Safety and Insurance Act with respect to an Employee's return to work following completion of a WSIB claim or absence.

ARTICLE 23 ·SICK LEAVE

23.01 Upon completion of probation, full time Employees shall accrue one ( 1) sick day per month to a cap of thirty (30) days.

Upon proof of receipt of El sick benefits, the Employer will pay the Employee 75% of their regular hourly rate of pay for the one (1) week waiting period. In addition, the Employer will pay up to twenty percent (20%) of their regular hourly rate of pay for the duration of their receipt of El sick benefits.

Employees are required to exhaust their sick bank balance prior to applying for El sick benefits pursuant to this Article.

23.02 Sick Leave Certificate and Other Medical Forms

An Employee who is absent for four ( 4) consecutive days or more will be required to submit a medical certificate from a qualified physician or nurse practitioner at the Employee's expense.

-44-

Notwithstanding this obligation, the Employer may request an Employee to provide a medical certificate or any other medical form from a qualified physician or nurse practitioner in other circumstances and for valid reason, in which case the Employer will pay the cost of such certificate to a maximum of the greater of $20.00 or the amount specified in the Ontario Medical Association guidelines for the applicable certificate upon the Employee providing a receipt.

23.03 Where an Employee's scheduled vacation is interrupted due to a serious illness requiring the Employee to be an in-patient in a hospital, the period of such hospitalization shall be considered sick leave provided the Employee provides a satisfactory documentation of the illness and the hospitalization. The portion of the Employee· s vacation which is deemed to be sick leave under the above provision will not be counted against the Employee· s vacation credits.

Where an Employee's scheduled vacation is prevented due to a serious illness requiring the Employee to be an in-patient in a hospital which commenced before the vacation started, the period of such hospitalization shall be considered sick leave provided the Employee provides a satisfactory documentation of the illness and the hospitalization. The portion of the Employee· s vacation which is deemed to be sick leave under the above provision will not be counted against the Employee· s vacation credits.

ARTICLE 24 ·COMPENSATION

24.01 Attached hereto and forming part of this Agreement is Schedule "A" relating to job classifications and hourly rates of pay.

24.02 Retroactivity

The retroactive payment applies to wages only based on hours paid by the Employer. Employees who have left their employment will be notified by prepaid post, addressed to their last known address. Entitlement is lost if not claimed within thirty (30) days.

Except as expressly noted, all the terms and conditions shall be effective from the date of receipt of written notice of ratification or release of award. Provisions which are expressly made retroactive shall apply to all employees in the bargaining unit on or after the date specified.

24.03 Temporary Transfers

When an Employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying classification in the bargaining unit, she shall be paid the rate in the higher salary range immediately above her current rate for all hours worked in the assignment.

-45-

24.04 New Classification

When a new classification (which is covered by the terms of this Agreement) is established by the Home, the Home shall determine the rate of pay for such new classification and notify the Local Union of the same within seven (7) days. If the Local Union challenges the rate, it shall have the right to request a meeting with the Home to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Home of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Home. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen ( 15) days of such meeting.

24.05 Compression of Wage Grid:

(a) Movement to next step on the wage grid will be upon completion of one (1) year of service following completion of probation for full-time Employees and upon completion of 1800 hours worked following completion of probation for part-time Employees. Subject to the above, full-time Employees will advance to the next step on the wage grid one year from the date of entry into the classification. All full-time Employees who have completed their probationary period and whose wage is below the maximum for the classification will advance through the wage grid by way of annual progression increments until the highest step is obtained.

The annual progression through the wage grid will occur on the anniversary date of the Employee's hire, transfer or promotion into their current classification.

Subject to the above, part-time Employees will advance to the next step on the wage grid on the same basis using the conversion rate of 1800 hours worked equal one ( 1) year of service.

(b) Hours worked during probation will be included for the purposes of calculating wage progression.

24.06 Experience Pay Full-time and Part-time RNs and RPNs

For new hires after date of ratification, the Employer will recognize recent relevant RN experience for RN positions, and recent relevant RPN experience for RPN positions, on the basis of one (1) annual increment for each one (1) year of service up to Step 4 of the RN grid and Step 2 of the RPN grid, respectively, Part-time service shall be recognized on the basis of eighteen hundred (1800) hours worked in previous employment equals one (1) year of service. It shall be the responsibility of a newly hired employee to make a claim of recent and relevant experience within four weeks of hire in order to be evaluated by the Employer for a salary increment. If she/he fails to make a claim in the specified time period or fails to provide

-46-

reasonable proof of recent relevant experience as determined by the Employer, she/he shall not be entitled to recognition. It is understood and agreed that the Employer's determination in each instance is not subject to grievance, nor does this Experience Pay provision constitute a violation of the wage schedule in the Collective Agreement.

For purposes of implementation of this article to current employees after date of ratification: On date of ratification, RNs currently receiving less than Step 4 on the RN wage grid and RPNs currently receiving less than Step 2 on the RPN wage grid, may move up one step on the applicable wage grid, upon making a claim of recent and relevant experience they had at date of hire. Such claim with reasonable proof must be made within four weeks of ratification.

ARTICLE 25 - BULLETIN BOARDS

25.01 The Employer agrees to supply and make available to the Union for the posting of seniority lists and Union notices, one (1) bulletin board in such place so as to inform all Employees in the bargaining units of the activities of the Union. All material posted on the bulletin board must have the prior approval of the Executive Director or designate. Approval will not be unreasonably withheld.

The parties agree that should the Executive Director or designate is not available; prior approval will be granted by a manager or supervisor.

ARTICLE 26 - INTERPRETATION

26.01 Except where otherwise specified in the Agreement, the reference to a number of days within which any matter shall be dealt with is to be in terms of calendar days.

26.02 A business day is a day other than Saturday, Sunday or a Public Holiday.

ARTICLE 27 - PERSONNEL FILES

27.01 Letters of Reprimand

Letters of reprimand are to be removed from an Employee's personnel file after twelve (12) months from the date of discipline, provided that the Employee has remained discipline free during that period, except in the case of the incidents involving residents in which case the record will remain on file if the complaint is not reversed through settlement or arbitration. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the twelve (12) month period noted above.

-47-

27 .02 Suspension

Records of suspension are to be removed from an Employee's personnel file after eighteen (18) months from the date of discipline, provided that the Employee has remained discipline free during that period, except in the case of incidents involving residents in which case the record will remain on file if the complaint is not reversed through settlement or arbitration. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the eighteen (18) month period noted above.

27.03 Viewing a File

Having provided a written request to the Executive Director or designate at least one ( 1) week in advance, an Employee shall be entitled to her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein in the presence of a supervisor at a mutually satisfactory time. It is understood and agreed that an Employee is not entitled to see job references.

ARTICLE 28 - PAID EDUCATION

The Employer will reimburse up to fifty percent (50%) of the course fee to a maximum of $400.00 per year for an Employee to attend a pre-approved course for the purpose of upgrading his/her job­related skills upon submission of a receipt and upon successful completion and submission of the certificate.

ARTICLE 29 - TERM

29.01 This Agreement shall continue in effect until December 31, 2019 and shall continue automatically thereafter during annual periods of one (1) year each, unless either party notifies the other in writing, within ninety (90) days prior to the expiration date, that it desires to amend or terminate this Agreement.

29.02 In the event of such notification being given as to amendment of the Agreement, negotiations between the parties shall begin within fifteen (15) days following such notification.

29.03 If, pursuant to such negotiations, an agreement on the renewal or amendment of this Agreement is not reached prior to the current expiration date, this Agreement shall automatically be extended until consummation of a new Agreement, or completion of the proceedings prescribed under the Ontario Labour Relations Act, as amended, and the Hospital Labour Disputes Arbitration Act, as amended, whichever should first occur.

-48-

IN WITNESS WHEREOF the parties hereto have hereunto caWi\e this Agreement to be executed by their duly authorized representatives this ,-j!-l-.... day of _j] )a v-tb, , 2019.

FOR THE EMPLOYER FOR THE UNION

ff?r:tz ~

- 49-

SCHEDULE "A" - WAGE GRID

CLASSIFICATION Current 01-Jan-18 01-Jan-19 Rate 1.4% 1.4%

POTWASHER

Probationary $16.66 $16.89 $17.13

Step 1 $17.09 $17.32 $17.56

Step2 $17.56 $17.81 $18.06

Step 3 $18.02 $18.28 $18.54

Maximum $18.54 $18.80 $19.06

HOUSEKEEPING/ Current 01-Jan-18 01-Jan-19 LAUNDRY AIDE Rate 1.4% 1.4%

Probationary $16.66 $16.89 $17.13

Step 1 $17.09 $17.32 $17.56

Step 2 $17.56 $17.81 $18.06

Step 3 $18.02 $18.28 $18.54

Maximum $18.54 $18.80 $19.06

DIETARY AIDE Current 01-Jan-18 01-Jan-19 01-Jan-19

Rate 1.4% Sp Adj $0.10 1.4%

Probationary $16.93 $17.17 $17.27 $17.51

Step 1 $17.40 $17.64 $17.74 $17.99

Step 2 $17.87 $18.12 $18.22 $18.48

Step 3 $18.38 $18.64 $18.74 $19.00

Maximum $18.89 $19.15 $19.25 $19.52

FOOD SERVICE Current 01-Jan-18 01-Jan-19 01-Jan-19 WORKER

Rate 1.4% Sp Adj $0.10 1.4% with certificate

Probationary $16.93 $17.17 $17.27 $17.51

Step 1 $17.40 $17.64 $17.74 $17.99

Step 2 $17.87 $18.12 $18.22 $18.48

Step 3 $18.38 $18.64 $18.74 $19.00

Maximum $18.89 $19.15 $19.25 $19.52

FOOD SERVICE Current 01-Jan-18 01-Jan-19 WORKER Rate 1.4% 1.4% without certificate

Probationary $16.66 $16.89 $17.13

-50-

Step 1 $17.09 $17.32 $17.56

Step 2 $17.56 $17.81 $18.06

Step 3 $18.02 $18.28 $18.54

Maximum $18.54 $18.80 $19.06

FACILITY AIDE Current 01-Jan-18 01-Jan-19 Rate 1.4% 1.4%

Probationary $16.80 $17.03 $17.27

Step 1 $17.29 $17.53 $17.78

Step 2 $17.80 $18.05 $18.30

Step 3 $18.34 $18.60 $18.86

Maximum $18.82 $19.08 $19.35

PERSONAL SUPPORT Current 01-Jan-18 01-Jan-19 01-Jan-19 WORKER Rate 1.4% Sp Adj $0.40 1.4%

Probationary $18.72 $18.98 $19.38 $19.65

01-Jan-18 01-Jan-19 01-Jan-19 1.4% $0.10 1.4%

Step 1 $19.26 $19.53 $19.63 $19.90

Step2 $19.78 $20.06 $20.16 $20.44 Step 3 $20.34 $20.62 $20.72 $21.01

Maximum $20.91 $21.20 $21.30 $21.60

ACTIVATION WORKER Current 01-Jan-18 01-Jan-19

Rate 1.4% 1.4%

Probationary $18.67 $18.93 $19.20 Step 1 $19.21 $19.48 $19.75

Step 2 $19.73 $20.01 $20.29

Step 3 $20.29 $20.57 $20.86 Maximum $20.86 $21.15 $21.45

COOKll Current 01-Jan-18 01-Jan-19 Rate 1.4% 1.4%

Probationary $18.67 $18.93 $19.20 Step 1 $19.21 $19.48 $19.75 Step2 $19.73 $20.01 $20.29 Step 3 $20.29 $20.57 $20.86

Maximum $20.86 $21.15 $21.45

- 51-

COOKI Current 01-Jan-18 01-Jan-19 Rate 1.4% 1.4%

Probationary $20.44 $20.73 $21.02 Step 1 $21.05 $21.34 $21.64 Step 2 $21.66 $21.96 $22.27 Step 3 $22.28 $22.59 $22.91 Maximum $22.92 $23.24 $23.57

MAINTENANCE Current 01-Jan-18 01-Jan-19 TECHNICIAN Rate 1.4% 1.4%

Probationary $20.71 $21.00 $21.29 Step 1 $21.32 $21.62 $21.92 Step 2 $21.93 $22.24 $22.55 Step 3 $22.54 $22.86 $23.18 Maximum $23.17 $23.49 $23.82

RPN Current 01-Jan-18 01-Jan-19 01-Jan-19 Rate 1.4% Sp Adj $0.35 1.4%

Probationary $22.82 $23.14 $23.49 $23.82 Step 1 $23.48 $23.81 $24.16 $24.50 Step 2 $24.15 $24.49 $24.84 $25.19 Step 3 $24.81 $25.16 $25.51 $25.87 Maximum $25.49 $25.85 $26.20 $26.57

ACTIVATION WORKER Current 01-Jan-18 01-Jan-19

without certificate Rate 1.40% 1.40%

Probationary $18.37 $18.63 $18.89

Step 1 $18.87 $19.13 $19.40

Step2 $19.38 $19.65 $19.93

Step3 $19.88 $20.16 $20.44

Maximum $20.47 $20.76 $21.05

COOKll Current 01-Jan-18 01-Jan-19

without certificate Rate 1.40% 1.40%

Probationary $18.37 $18.63 $18.89

Step 1 $18.87 $19.13 $19.40

Step2 $19.38 $19.65 $19.93

Step3 $19.88 $20.16 $20.44

Maximum $20.47 $20.76 $21.05

-52-

Letter of Commitment

Article 15.02 (c) is not intended to adversely impact any Employee who currently receives two (2) weekends off in four (4).

THE ABOVE LEDER SIGNED THIS '--5'/-'--. DAY OF_(() o vc_/l...... , 2019.

HE EMPLOYER FOR THE UNION

!Jod_ ~~

- 53-

LETTER OF UNDERSTANDING

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA

AND

YEE HONG CENTRE FOR GERIATRIC CARE (ALL SITES)

RE: POSITIONS OUTSIDE THE BARGAINING UNIT

a) An Employee who substitutes temporarily in a position outside the bargaining unit shall be covered by the Collective Agreement for up to eighteen (18) months from the date of the assignment. Bargaining unit Employees shall be given the first opportunity to fill the resulting vacancy until it is known the status of the employee who temporary transfers out of the bargaining unit;

b) The Employee shall have the right to return to her or his bargaining unit position prior to the expiry of the eighteen (18) month period by giving the Employer six (6) weeks' notice. An Employee who remains outside of the bargaining unit beyond the period covered by paragraph (a) shall lose all seniority; unless an extension is agreed to by both parties;

c) An Employee who accepts a position under paragraph (a) above will be required to pay Union dues. Should the Employee return to the bargaining unit, all other Employee(s) shall revert to their previous positions;

d) The Employee will maintain seniority protection but upon return to her position, her seniority date will be adjusted accordingly, as she will not accumulate seniority during the temporary assignment;

e) The Employee will continue to participate in the Health and Insurance benefits (including pension) in effect and the Employer shall continue to pay the Employer's portion of the benefits;

f) An Employee who accepts a position outside the bargaining unit will not be involved in issuing written disciplines or terminating Employees for cause.

-54-

FOR THE UNION

Ve&< d~

- 55 -

LETTER OF UNDERSTANDING

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA

AND

YEE HONG CENTRE FOR GERIATRIC CARE (ALL SITES)

RE: REASSIGNMENT

Notwithstanding the Article# 10 (Job Posting), in the event an employee is laid off from one facility and there is no position at that facility to which the employee can bump or transfer into, the employee may post into the vacancy in another facility. It is agreed, prior to considering the application, the internal job posting procedure must be exhausted for the initia l vacancy. Therefore, the employer is only required to post the original vacancy.

An applicant who is permitted to transfer from one facility to another as a result of above procedure, will retain any service and seniority that they had previously accrued, and the applicable wage rate shall be paid accord ing to the position to which the Employee transferred.

this L')'-4-h day of _ /') \ctvcJ, , 2019.

FOR THE UNION

rJau<_ d~

- 56-

Memorandum of Understanding

_Employees Working Across Centres

The parties have entered into this Memorandum to address situations under which an Employee may work across Centres. It is understood that such cases are subject to employer discretion, operating needs, and administrative capacity, and a Multi-Centre approach may not be amenable to all job classes.

Definition A Multi-Centre position is one where the Employees are required to work at more than one Yee Hong Centre on a regularly scheduled or unscheduled basis as applicable to the position.

Staffing Situations Staffing situations for which a Multi-Centre position may be established include: ( 1 ) Multi-Centre Float position

This entails a casual part-time pool of employees who work at more than one Centre designated for such purposes as leaves of absence coverage and supplementing the regular staff and casual part-time employee roster associated with each Centre. The float position is one that may be scheduled at any Centre designated in the posting, for the following purposes:

i) Coverage for sick leave ii) Coverage for vacation iii) Coverage for approved leave of absence iv) Coverage for educational purposes v) Surges in workload vi) Coverage for unanticipated absences

(2) Temporary assignment at another Centre This entails a regularly scheduled part time employee seeking to take an additional temporary part time assignment for a specified period to provide relief for a person at another Centre who is absent due to an extended leave of absence, etc. The transfer would be contingent on not depleting the staffing resources of the Centre from which the transfer occurs.

(3) Multi-Centre position with scheduled shifts across the designated Centres. This entails a regularly scheduled Employee who is assigned regularly scheduled shifts across more than one Centre.

Establishment of a Multi-Centre Position Where the Employer establishes a Multi-Centre position, it shall prepare a description of the position, the locations involved, operational/scheduling considerations, and the rationale for the Multi-Centre position. The Employer will provide the union with:

i) The description of the position and the rationale for its creation ii) The locations involved and the designated home Centre iii) The proposed implementation date

- 57-

Operational Considerations Home Centre - For Employees in a Multi-Centre position, one of those Centres must be designated as their home Centre. Further, the Employee will report to a supervisor at their home Centre for purposes of supervision.

Work unit familiarization/training - The Employer will give employees a reasonable period of Centre orientation commensurate with their duties at that Centre.

Overtime - Overtime for Multi-Centre employees will be paid in accordance with article 16 of the collective agreement, recognizing total hours worked in all specific Centres.

Call-Ins - Call-in assignments will be done in accordance with articles 15.02( d) and 16.06 of the collective agreement. It is understood that for call-in assignments management will first exhaust employees on the availability list at non-overtime rates from the subject home Centre before contacting any Multi-Centre employees on the availability list, unless it is an emergency situation.

Seniority - for Employees in a Multi-Centre position, all hours worked are attributed to their home Centre for seniority calculation purposes.

Application Procedure For existing Employees, applying for a Multi-Centre position is on a voluntary basis, i.e., requires expression of interest on part of employees. The Employer will indicate and postings will designate the Centre (or Centres in the case of a multi-Centre position) involved and any necessary qualifications. Where posted, the job posting provisions of the collective agreement will apply.

Regarding float positions, the Employer may maintain a float roster whereby Employees interested in floating to areas outside their facility may advise the Employer of their desire to be added to a float roster and of the areas or units outside the facility to which they are interested in floating.

Pilot The parties have entered into this Memorandum on a trial basis for a one year period from the date of signing, and will monitor the effectiveness on an ongoing basis. During the trial period, two positions of focus are Maintenance Technician and Cook. The parties will meet as necessary to address any issue that may arise for purposes of continuous improvement. The Memorandum of Understanding will be renewed annually from the date of signing unless either party notifies the other in writing within sixty (60) days prior to the expiration date that it desires to amend or terminate the Memorandum.

- 58-

DATED AT fovcA6 this 5~ day of JLl]c:urz,.~ ' 2019.

FOR THE UNION

fled. d\L~

lv

- 59 -