northern home care 2013

8/2/2019 Northern Home Care 2013

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COLLECTIVE AGREEMENT

BETWEEN

NORTHERN HOME CARE SERVICES

AND

NEWFOUNDLAND & LABRADOR

ASSOCIATION OF PUBIC & PRIVATE EMPLOYEES

(Expires: March 31, 2013)



TABLE OF CONTENTS

ARTICLE PAGE

1. Purpose 1

2. Recognition 13. Management Rights 14. Definitions 15. Union Security 36. No Discrimination 47. Sexual and Personal Harassment 58. Grievance Procedure 59. Arbitration 710. Labour-Management/Occupational Health Committee 911. Severe Weather Conditions 912. Probation, Discipline and Personnel File 10

13. Seniority 1214. Promotion and Staff Changes 1315. Hours of Work 1516. Overtime 1817. Holidays 1918. Annual Leave 2019. Sick Leave 2120. Leave-General 2221. Payment of Wages and Allowances 2622. Strikes and Lockouts 2723. Termination and Layoff 2724. Health and Safety 2825. Duration of Agreement 2926. Existing Benefits 30

Schedule “A” - Classifications and Wages 31Schedule “B” - Districts 32MOU - Medical Insurance 33



-1-ARTICLE 1 PURPOSE

1:01 The purpose of this Agreement is to maintain harmonious and mutuallybeneficial relationships between the Employer, the employees and the

Union and to set forth certain terms and conditions of employment.

ARTICLE 2 RECOGNITION

2:01 The Employer recognizes the Union as the sole and exclusive bargainingagent for all Classifications covered by this Agreement.

2:02 Any unresolved dispute on future inclusions or exclusions in thebargaining unit will be referred by either party to the Labour Relations

Board.

2:03 Work of the Bargaining Unit

Employees not covered by the terms of this agreement shall not performduties normally assigned to employees within the bargaining unit exceptfor the purpose of instruction, experimenting, emergencies or whenregular employees are not readily available, or as may otherwise bemutually agreed by the parties.

2:04 No Other Agreements

No employees shall be required or permitted to make a written or verbalagreement with the Employer or its representative which may conflict withthe terms of this Agreement.

ARTICLE 3 MANAGEMENT RIGHTS

3:01 The Union recognizes and agrees that the Employer reserves and retainsall the rights, powers and authority to manage its operations and to directits employees, except as specifically abridged or modified by the expressprovisions of this Agreement.

ARTICLE 4 DEFINITIONS



-2-4:01 (a) "Bargaining Unit" means the bargaining unit recognized in

accordance with Article 2.(b) "Day" means a calendar day unless otherwise stipulated in this

Agreement (24 hours).

(c) "Employee or Employees" means any person employed in a positionwhich falls within the bargaining unit.

(d) "Temporary Employee" means an employee hired for a specialproject of a specific duration or to replace an employee who is absentdue to illness, accident or approved leave of absence.

*(e) "Employer" means Northern Home Care Services or any individualdirected to act on their behalf .

(f) “Holiday" means the twenty-four (24) hour period commencing at0001 hours of a calendar day designated as a holiday in thisAgreement.

(g) "Week" means the period from 0001 hours Sunday to 2400 hours thefollowing Saturday, inclusive.

(h) "Year" means the calendar year unless otherwise provided.

*(i) "Layoff Notice" means notice in writing which is delivered by hand orregistered maul or delivered via electronic mail with deliveryconfirmation.

(j) “Vacancy" means any position that the Employer requires to be filledwhich consists of twenty-eight (28) hours or more per week for ananticipated duration of at least sixteen (16) weeks or more asoutlined in Clause 14.01.

(k) “District” means the geographic area in which an employee works, asset out in Schedule “B”.

(l) “Client” means any person or person in which Northern Home CareServices provides home care.

(m) “Shift” means the normal working hours scheduled for eachemployee which occurs in a twenty-four (24) hour period. (First shiftof the day commences at 0001 hours) The maximum number ofhours in any one shift will be twelve (12) hours.

4:02 Gender



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For the purpose of this Agreement, the masculine shall be deemed toinclude the feminine and the plural indicate the singular and vice versa asthe context may require.

4:03 Administration

In the event that there is a conflict between this Agreement and anyregulations or policies made by the Employer, this Agreement shall takeprecedence over the said regulations or policies.

ARTICLE 5 UNION SECURITY

5:01 (a) Deduction of Union Dues

The Employer shall, as a condition of employment, deduct from thebi-weekly pay of every member of the bargaining unit an amountequal to the regular bi-weekly membership dues of the Union.

(b) Notification of Deductions

The amount of the regular dues shall be authorized by the Union andthe Union shall notify the Employer of any changes therein in writingat least one (1) month prior to the effective date of such change.

5:02* Remittance of Union Dues

Deductions shall be forwarded to the President of the Union by onemonthly cheque within a reasonable time after the end of the month inwhich the deductions were made. The cheque shall be accompanied by alist which shows the employee's full name, unique employee ID# and theamount deducted on the employee's behalf. This list shall also includeany additions and deletions that occurred in the previous month.

5:03 Shop Stewards

The Employer acknowledges the right of the Union to appoint or electShop Stewards. The Union shall notify the Employer in writing of the nameof the Steward before the Employer shall be required to recognizehim/her.

5:04 Union Leave for Processing Grievances and Complaints



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(a) When attending a grievance meeting with the Employer, the timespent shall be without loss of regular earnings for the grievor and one(I) local union representative, provided that such time off does not

interfere with the operations of the Employer and does not requirestaff replacement. In the case of a group grievance, one (1)employee from the group will be entitled to such leave. Employeesrequesting such leave must obtain permission from her immediatesupervisor prior to leaving her post and must report to herimmediately upon her return. Such permission shall not beunreasonably withheld. Such leave shall be exclusive of any traveltime and travel allowance.

(b) The Employer shall not be required to pay the grievor or local unionrepresentatives for time spent at arbitration hearings.

(c) the Employer recognizes the right of employees to be represented bya representative of the Union at any step in the grievance andarbitration procedure.

5:05 New Members

(a) A representative of the Union shall be given the opportunity tointerview each new employee for a maximum of fifteen (15) minutesfor the purpose of acquainting the employee with the Union and thecollective agreement. These interviews shall be conducted duringregular working hours without loss of pay, provided that such time offdoes not interfere with the operations of the Employer and does notrequire staff replacement. The interviews will be scheduled inadvance and may be arranged individually or collectively by theEmployer at a mutually agreeable time.

(b) The Employer agrees, on hiring, to give new employees a Union cardand a list of Local Executives and Shop Stewards as provided by theUnion.

5:06 Bulletin Boards

The Employer shall provide a bulletin board for the use of the Union. Thesite of the bulletin board will be determined by mutual agreement. It isagreed that such a bulletin board will not be erected in areas normallyfrequented by clients. Articles, circulars, memos, etc. dealing with Unionbusiness will only be posted on the designated bulletin board.



-5-

ARTICLE 6 NO DISCRIMINATION

6:01 The Employer agrees that there shall be no discrimination in employment

as per the Newfoundland and Labrador Human Rights Code.

ARTICLE 7 SEXUAL AND PERSONAL HARASSMENT

7:01 The Employer and the Union recognize the right of employees to work inan environment free from harassment as defined in the Newfoundland andLabrador Human Rights Code. The Employer shall undertake toinvestigate alleged occurrences of harassment with all possible dispatch.

ARTICLE 8 GRIEVANCE PROCEDURE

8:01 Definition

For the purposes of this Agreement, a Grievance means a complaint inwriting presented in accordance with this Agreement arising out of theinterpretation, application, administration or alleged violation of the termsof this Agreement.

8:02 Complaint Stage (Verbal)

It is the mutual desire of the parties to this Agreement that differencesshall be resolved as quickly as possible. It is understood that bothemployee and union policy grievances must be discussed at the complaintstage prior to becoming a valid grievance. An employee has no grievanceuntil the employee has first submitted his/her complaint to the ShopSteward and said Steward considers the complaint to be justified and untilthe employee has given his/her immediate supervisor the opportunity toresolve the complaint. The Union has no grievance until the complainthas first been discussed with the Executive Director.

Such complaints shall be discussed with the immediate supervisor or theExecutive Director within seven (7) calendar days after the circumstancesgiving rise to the complaint occurred or after such circumstances oughtreasonably to have come to the attention of the employee or the union.The Employer shall provide a response to the complaint within seven (7)calendar days of the discussion.



-6-Step 1 (Written)

Failing settlement at the complaint stage, the employee may submit aformal grievance, in writing, signed by both the grievor and the Shop

Steward, to the immediate supervisor within seven (7) calendar days ofthe response at the complaint stage. Such grievance shall state the natureof the grievance, the remedy sought and the provisions of the Agreementwhich are allegedly violated. The supervisor shall reply to the grievance inwriting no later than seven (7) calendar days from the time the grievancewas submitted to him/her.

Step 2

Failing settlement at Step 1, the grievor, through the Shop Steward, maysubmit the grievance within seven (7) calendar days from the reply at Step

1 to the Executive Director. The Executive Director or designate shallmeet with the Shop Steward and the grievor in an effort to settle thegrievance. The Executive Director or designate shall reply to the grievanceno later than ten (10) calendar days from the time the grievance wassubmitted to him/her.

Step 3

Failing satisfactory settlement at Step 2, either party may, within seven (7)days of the Executive Director’s decision at Step 2, submit the matter tointernal mediation to see if a settlement can be reached.

Step 4

Failing settlement at Step 3, either party may refer the grievance toarbitration within twenty (20) calendar days of the Step 3 decision.

8:03 Union Representation

The employee may be represented by a full time representative of theUnion at any formal Step of the Grievance Procedure (excluding thecomplaint stage).

8:04 Time Limits

The time limits specified in this Article may be extended in writing bymutual agreement of the parties.

8:05 Suspension or Discharge Grievance



-7-A grievance by an employee who has completed his/her probationaryperiod claiming that she has been unjustly discharged or suspended maybe submitted directly to the Executive Director at Step 2 of the GrievanceProcedure. Such grievance must be received by the Executive Director

within seven (7) calendar days of the date of notification of the suspensionor discharge.8:06 Policy and Group Grievances

(a) Policy Grievance

Where a grievance is initiated by either the Union or the Employer,the procedure shall start with the Executive Director at Step 2 ofClause 8.02.

(b) Group Grievance

Where a number of employees have similar grievances and eachemployee would otherwise be entitled to grieve separately, they willpresent a group grievance in accordance with Article 8.02 identifyingto the supervisor each employee who is grieving.

8:07 Technical Objections to Grievances

No grievance shall be defeated or denied by a technical objectionoccasioned by a clerical, typographical or similar technical error, or by theinadvertent omission of a Step in the Grievance Procedure.

ARTICLE 9 ARBITRATION

9:01 Referral to Arbitration

Failing settlement of the grievance through the grievance procedure, suchgrievance may be submitted to arbitration. If no written request forarbitration is received within twenty (20) calendar days after the decisionat Step 2 of the grievance procedure is given, the grievance shall bedeemed to have been abandoned.

9:02 Composition of Board of Arbitration

When either party requests that a grievance be submitted to arbitration,the request shall be made in writing addressed to the other party to this

Agreement and shall contain the name of the first party’s nominee to theArbitration Board. The recipient of the notice shall, within fifteen (15)



-8-calendar days thereafter, answer in writing indicating the name andaddress of its nominee to the Arbitration Board. The two (2) nomineesshall then endeavour to agree on a third person to act as Chairperson ofthe Board of Arbitration.

9.03 Failure to Appoint

If the party receiving the notice fails to appoint a nominee, or if the two (2)nominees fail to agree upon a Chairperson within fifteen (15) calendardays of their appointment, the appointment shall be made by the Ministerof Environment and Labour Upon the request of either party.

9:04 Decision of the Board

The decision of the majority shall be the decision of the Board. Wherethere is no majority decision, the decision of the Chairperson shall be thedecision of the Board. The decision of the Board of Arbitration shall befinal, binding and enforceable on all parties. The Board of Arbitration shallnot have the power to make any decision inconsistent with the provisionsof this Agreement or to change, alter, modify or amend any of itsprovisions.

9:05 Expenses of the Board

Each party shall pay:

(i) the fees and expenses of its nominee, its representatives and itswitnesses;

and

(ii) one-half (½) of the fees and expenses of the Chairperson.

9:06 Amending of time Limits

The time limits fixed in both the grievance and arbitration procedure maybe extended by mutual agreement between the parties.

9:07 Witnesses

At any stage of the grievance or arbitration procedure, the parties mayhave the assistance of any employee(s) concerned as witnesses or anyother witnesses. Employees attending as witnesses will be granted time



-9-off work without pay and without loss of seniority or benefits of theCollective Agreement.

9:08 Single Arbitrator

The parties may mutually agree to the substitution of a single Arbitrator foran Arbitration Board, in which event the provisions of this Article and anyother provisions which refer to an Arbitration Board shall apply equally to asingle Arbitrator.

ARTICLE 10 LABOUR-MANAGEMENT/OCCUPATIONAL HEALTH COMMITTEE

10:01 Labour-Management Committee

It is agreed that a Labour-Management Committee comprised of two (2)bargaining unit representatives and two (2) Employer representatives willmeet as the need arises, but in any event no greater than once per monthunless mutually agreed otherwise, to discuss the following generalmatters:

(a) reviewing suggestions from employees, questions of workingconditions and service;

(b) other problems and matters of mutual interest which affect therelationship which are not properly thesubject matter of a grievance ornegotiations.

10:02 These meetings shall not supersede with the activities of any otherCommittee of the Union or of the Employer and shall not bind either theUnion or its members or the Employer to any decisions or conclusionsreached during discussions.

10:03 Occupational Health Committee

The parties agree to comply with the Occupational Health and Safety Actand any applicable regulations thereto.

Recognizing its responsibilities under the Act, the Employer agrees toaccept as a member of its Occupational Health Committee, one (1)bargaining unit representative selected or appointed by the Union.



-10-Such committee shall promote safety and sanitary practices within theworkplace.

ARTICLE 11 SEVERE WEATHER CONDITIONS

11.01 During severe weather conditions or a declared state of emergency, theEmployer shall determine whether or not operations will be suspended ina particular area or community. Should such closure or suspension ofoperation occur, employees will be paid for scheduled hours missed to amaximum of three (3) hours.

ARTICLE 12 PROBATION, DISCIPLINE AND PERSONNEL FILE

12:01 Probationary Period

*(a) The probationary period shall be four hundred and eighty (480)working hours or twelve (12) months, whichever is sooner, from thedate of last hire. For the purpose of this Clause, time off with payapproved by the Employer shall be considered as time worked. Anemployee’s probationary period may be extended by mutualagreement in writing between the employee, the Employer and theUnion.

(b) Termination of Probationary Employees

The termination of probationary employees for reasons ofunsuitability or incompetence, as assessed by the Employer, is notsubject to the grievance or arbitration procedure.

12.02 Discipline

(a) Notification

The Employer has the right to discipline and discharge employees for just cause. Where the Employer is considering taking any form ofdisciplinary action, in writing, against an employee, the Employershall conduct its investigation in an expeditious manner and willendeavor to notify the employee of any disciplinary action within ten(10) calendar days of the occurrence or discovery of the matter givingrise to the discipline.

(b) Right to Representation



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Where an employee is required to attend a meeting with theEmployer to be discharged, suspended or given a written warning, orto discuss a matter for which some level of written discipline is being

considered, the Employer shall advise the employee that she has aright to be accompanied by a Shop Steward. The employee will beinformed of the nature of the meeting and be given as much advancenotice as possible. It is the responsibility of the employee to informher Shop Steward.

12:03 Personnel Files

Upon request and after giving reasonable notice, an employee shall be

allowed to inspect her personnel file in the presence of a representative ofthe Employer and be provided with a copy of any document containedtherein.

In the event that an employee is disciplined, the records of suchdisciplinary action shall be removed from the personnel file of theemployee eighteen (18) months following the receipt of such discipline,provided there has not been a recurrence of a similar incident during thatperiod. It shall be the responsibility of the employee to see that suchdocuments are removed.

No document shall be used in disciplinary proceedings against anemployee unless such document has been brought to the attention of theemployee at the time it was placed on the employee's personnel file.

12:04* (a) Justice and Dignity

Where an employee is suspended as part of an ongoing investigationconducted by the employer, the employee shall be compensated fortime lost to a maximum of three (3) shifts. The employer shall takeall reasonable efforts to conclude the investigation within a one (1)week period.

(b) Unjust Suspension and Discharge

Should it be found upon investigation that an employee has beenunjustly suspended or discharged, the employee shall be reinstatedand compensated in a just and equitable manner in the opinion of theparties or in the opinion of a Board of Arbitration, if the matter isreferred to such a Board.



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(c) Criminal Liability

The Employer shall defend, negotiate or settle civil and/or criminal

claims, suits or prosecutions arising out of acts performed by theemployee in the course of his/her duties, provided that the Employeris satisfied that the employee performed duties as required by theemployer. No compensation shall be paid for legal counsel not pre-approved by the Employer.

ARTICLE 13 SENIORITY

13:01 Seniority Defined

(a) Subject to Clause 13:04, seniority for all employees shall bedetermined by the employee’s last date of hire with the NorthernHome Care.

(b) It is recognized that nineteen hundred and fifty (1950) hours equalsone (1) year of service. The parties agree that regardless of theactual number of hours paid in any calendar year, the maximumnumber of seniority hours credited to an employee will be twothousand and eighty (2080) hours per calendar year.

(c) Seniority shall operate on a bargaining unit wide basis.

13:02 Seniority List

The Employer shall maintain a seniority list for all employees. An up-to-date seniority list shall be sent to the Union and posted in January of eachyear. The seniority list for all employees shall show, subject to Clause13:04, the date of hire and the hours of service for each employee.

13:03 Probation for Newly Hired Employees

After the completion of the probationary period as specified in Article 12,employees shall be credited with seniority for all paid hours accumulatedduring the probationary, and seniority shall be effective from the originaldate of hire with the Employer.

13.04 Loss of Seniority



-13-An employee shall lose all seniority and service and her employment willbe deemed to be terminated if she:

(a) is discharged for just cause and is not reinstated by an Arbitrator or

under the Grievance Procedure;

(b) resigns in writing:

(c) is absent from work in excess of two (2) working days without-notifying the Employer of such absence and without providing asatisfactory reasons(s) to the Employer;

(d) fails to return from layoff within seven (7) calendar days of beingnotified by registered, certified or hand delivered mail, except whensuch failure is caused by sickness verified by a medical certificate or

by other reason satisfactory to the Employer. It shall be theresponsibility of the employee to keep the Employer informed, inwriting, of his/her current address and telephone number;

(e) is laid off for a period longer than eighteen (18) months.

13.05 Transfers and Seniority Outside Bargaining Unit

No employee shall be transferred to a position outside the bargaining unitwithout her consent. If an employee is transferred to a position outsidethe bargaining unit, she shall retain her seniority accumulated up to thedate of leaving the unit, but will not accumulate any further seniority whileoutside the unit.

ARTICLE 14 PROMOTION AND STAFF CHANGES

14.01 Transfers and Promotions

(a) For the purpose of this Article, a vacancy is created in each of thefollowing circumstances:

(i) The resignation or retirement of an employee who regularlyworks twenty-eight (28) hours or more per week;

(ii) The addition of a new client requiring twenty-eight (28) hours ormore care per week for an anticipated period in excess ofsixteen(16) weeks; or



-14-(iii) The creation of a new permanent position within the bargaining

unit of twenty-eight (28) hours or more for an anticipated periodin the excess of sixteen (16) weeks or more.

It is agreed that available hours of less than twenty-eight (28) hoursper week will be assigned in accordance with the schedulingprovisions of Article 15.

(b) Where the Employer determines that a vacancy exists within thebargaining unit, or when a new permanent position is created withinthe bargaining unit, and the Employer determines that the position isto be filled, the Employer shall fill the vacancy in accordance with theprocedure outline in Clause 14.02.

(c) Where in the Employer's opinion a temporary bargaining unit position

is expected to exceed a period ofsixteen (16) weeks, or where atemporary bargaining unit positionexceeds sixteen (16) weeks, suchposition shall be filled in accordancewith the procedure outline in Clause14.02.

14:02 Procedure for Filling Vacancies

(a) In order to respond to immediate client needs, the Employer may appointan existing employee or hire a temporary employee to fill the vacancyon a temporary basis until the job posting and transfer process iscompleted.

(b) The Employer shall post in the Office a notice of all vacancies for aperiod of seven (7) calendar days and will, at the same time, providea copy of this notice to the Union Executive and Shop Stewards. Ifthe posting occurs within seven (7) days of a regular payday, a noticeof the vacancy will be included in the employees’ pay envelope for employees in District which vacancy occurs.

(c) In filling such vacancy referred to in clause 14:02 (b), the employershall give preference to the applicant with the most seniority providedthe employee is qualified and able to meet the Employer’s standards.

(d) If the transfer of an existing employee into the vacancy results in theemployee having to cease providing care to one or more of herexisting clients, such transfer will not be implemented until areplacement has been assigned to the employee's former clients.



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(e) Should the Employer be unable to fill the vacancy from within thebargaining unit, the Employer may hire from outside the bargainingunit.

(f) Where possible, appointments from within the bargaining unit shallbe made within four (4) weeks of the vacancy.

(g) Upon written request, an employee on the transfer list who was notselected for a vacancy will be informed of the name of the successfulcandidate.

14.03 Trial Period

The successful applicant shall be placed on a trial period of two (2)

months. Conditional on satisfactory service, the Employer shall confirmthe employee's appointment after the period of two (2) months. If duringthe trial period the employee proves unsatisfactory, as assessed by theEmployer, or if the employee is unable to perform the duties of the new jobclassification, she shall be returned to her former position and wage orsalary rate without loss of seniority. Any other employee promoted,transferred or hired because of the re-arrangement of positions shall alsobe returned to her former position or status and wage or salary rate,without loss of seniority. The parties may mutually agree in writing toextend the trial period. Where the Employer and the Union agree, theemployee may revert to his/her former position prior to the completion ofthe trial period.

ARTICLE 15 HOURS OF WORK

15.01 Hours of Work

(a) Recognizing the particular and unique needs of clients of NorthernHome Care Services Limited and that the very nature of this workdictates that such services cannot always be predicted in advance,the parties, therefore, agree that the work schedules for employeesmay be arranged on a flexible basis in the interest of client careand/or efficiency of the Employer’s operation.

(b) The normal hours of work Home Support Workers shall be up to forty(40) hours per week. The normal hours of work for all otheremployees in the bargaining unit shall be thirty-seven and one-half(37.5) hours per week. The Employer and the employee may



-16-mutually agree to regularly scheduled hours of work which are lessthan the normal hours of work.

(c) Employees who work less than forty (40) hours per week and who

wish to work additional hours, in the District, shall advise theEmployer, in writing, of their intentions.

15:02 Scheduling of Work

(a) Maximizing Hours

*(i) The Employer shall make every reasonable effort to scheduleHome Support Workers up to a maximum of forty (40) hours perweek in accordance with the employee's seniority, commitmentand availability and the availability of work.

(ii) In accordance with Article 15, Clause 15:01 (b), Home SupportWorkers who work less than forty (40) hours per week shall bescheduled up to forty (40) hours as hours become available intheir District, based on seniority, provided that the employee isqualified and able to meet the client needs. No employee willbe scheduled for less than two (2) hours minimum, except inexceptional circumstances.

(iii) Home Support Workers who are offered additional hours up toforty (40) hours per week, in the District, are expected to acceptsuch hours subject to 15:01 (b). An employee who refusesadditional hours three (3) times within a twelve (12) monthperiod, without providing a satisfactory reason to the Employer,shall be placed at the bottom of the seniority list and may not beoffered additional hours for six (6) months from the ast date ofrefusal.

(b) Scheduling of Work

(i) Where applicable, the Employer shall post and/or distributework schedules at least four (4) calendar days in advance. Thisschedule shall be adjusted as determined by operationalrequirements dictated by clients' needs.

(ii) The scheduling of weekend assignments shall be on a rotationalbasis. Subject to changes in staff levels and client load, theEmployer shall endeavor to schedule every second weekendoff. Employees shall receive a minium of every third weekend



-17-off, unless otherwise mutually agreed. Weekend meansSaturday and Sunday off.

(iii) The scheduling of evening and night shifts will be on a rotational

basis. The Employer will make every reasonable effort toaccommodate the employee's preference to work evenings ornights on a permanent basis.

*(iv) An employee shall not be scheduled to work more than six (6)consecutive days without days off except by mutual agreementof the employee and the Employer. Where possible, at least twoconsecutive days off shall be scheduled unless single days offare arranged by mutual agreement between the employee andthe Employer.

(v) Each employee shall advise the employer, in writing, of theDistrict in which he/she is prepared to work and of anymaximum number of hours per week he/she is prepared toaccept. Employees hired after the date of execution of thisAgreement will so advise the employer upon hiring. Employeesmay, in writing, at any time and from time to time, change anymaximum number of hours or the District previously selected,however, the employer must receive any such notice on orbefore the 5th day of a month to be considered for availablehours of work commending the following month.

(vi) Employees may be permitted to change shifts with anotheremployee provided that it is approved by the immediatesupervisor.

(vii) The Employer shall schedule at least eight (8) hours of restbetween shifts for employees, unless the employee and theEmployer mutually agree otherwise.

(viii) Subject to the other provisions of this Article, the Employer shallmake a reasonable effort to schedule work on an equitablebasis and to schedule employees so as to maximize their hoursof work. The Employer shall also make a reasonable effort toschedule work so as to provide consecutive hours, wherepossible, and to minimize gaps in work schedules.

*(ix) An employee is not obligated to accept a shift that is less thantwo (2) hours in duration with the exception of staff meetings,attendance at investigations and training.



-18-*(x) If an employee reports for a scheduled shift and the shift is

subsequently cancelled, the employee shall be paid three (3)hours pay, provided a replacement shift is not immediatelyavailable.

*(xi) In situations where the compatibility between the client and theemployee is brought into question, the employer agrees to meetwith the employee and Union to discuss resolution to the rootcause of the incompatibility or the availability of alternate work.The Employer shall endeavour to provide the employee withsimilar work and the employee shall accept such work whenoffered.

* (xii) In the event that an employee is displaced from work due to anemployee/client’s incompatibility, hospitalization, death,

incarceration or other event beyond the control of the employeeand/or the Employer, the employee shall be placed, relative toseniority, within the recall list. The employee shall remain onthe recall list until they are scheduled for a reasonable numberof hours to replace those lost due to the above event(s).

* (xiii) Staffing Ratios

In cases involving intimate personal care or behaviouralconcerns with a client, the Employer shall develop appropriatecontrols to minimize the risks associated with working alone withsuch clients. Where appropriate, such controls shall bedeveloped in consultation with relevant members of thebargaining unit.

ARTICLE 16 OVERTIME

16:01 Overtime

All time worked by an employee in excess of forty (40) hours in a weekshall be considered overtime. All overtime is subject to the prior approvalof the Employer.

16:02 Overtime Rate

(a) All overtime hours worked shall be compensated at the rate of oneand one half (1.5) times the employee's regular rate of pay.



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(b) Instead of cash payment for overtime, the Employer and theEmployee may mutually agree to receive time off with pay to betaken at a date mutually agreed between the employee and the

Employer. The employee's request to receive time off rather thancash payment must be included with the employee's time sheets forthe week in which the overtime was worked. Such "banked" overtimeshall be recorded at the rate of one and one half (1.5) hours off foreach overtime hour worked. Any banked overtime not taken as timeoff within six (6) months of being earned shall be paid out at theappropriate overtime rate.

*(c) The Employer shall schedule eight (8) consecutive hours of rest andin any event an employee shall not be required to work more thantwelve (12) hours in any one day without his/her consent.

*(d) In the event that an employee’s shift is extended beyond twelve (12)hours, the Employer will provide the appropriate meals, wherereasonable.

*(f) All time worked by an employee in excess of thirteen (13) hours in aday shall be considered overtime, unless mutually agreed. At nopoint shall an employee be scheduled in excess of sixteen (16) hoursin a twenty=four (24) hour period.

16.03 Distribution of Overtime

The Employer will endeavor to distribute overtime equitably amongstemployees who share responsibilities in a client's household and amongstemployees in a community, provided that the employees are available andwilling to work.

16.04 Double Shift

An employee shall not be required to work a double (2) shift without his/ her consent.

ARTICLE 17 HOLIDAYS

17:01* Holiday Pay

(a) The following are recognized as statutory holidays:

New Year’s Day



-20-Good FridayVictoria DayCanada DayLabour Day

Remembrance DayChristmas DayBoxing Day

(b) Double time (2) for all hours worked on a statutory holiday.

(c) It is understood that employees will only be paid for the hours theyare scheduled or would have been scheduled to work on thestatutory holiday. In situations where employees work less than fulltime hours, the average of all hours worked for the previous bi-weekly period will determine the statutory holiday pay.

17:02 Christmas and New Year's

The Employer agrees that whenever possible, an employee scheduled towork on Christmas Day shall not be scheduled to work on New Year'sDay, and an employee scheduled to work on New Year's Day shall not bescheduled to work on Christmas Day unless otherwise mutually agreedbetween the employee and the Employer.

The Employer agrees that whenever possible, employees who workChristmas of one year shall have Christmas off the following year, andemployees who work New Year's of one year shall have New Year's offthe following year unless otherwise mutually agreed between theemployee and her immediate supervisor.

As it is not always possible to guarantee these days off, it is theresponsibility of the employee to request these days off and to contact theEmployer two (2) weeks prior to the Christmas/New Year’s break to verifytheir work schedule for this period.

ARTICLE 18 ANNUAL LEAVE

18:01* Vacation Entitlement

An employee shall be entitled to vacation pay as follows:



-21-(a) employees with less than five (5) years of continuous service, four

percent (4%) of all hours paid within the preceding twelve (12) monthperiod.

(b) After the completion of five (5) years of continuous service, but lessthan ten (10) years of continuous service, six percent (6%) of allhours paid within the preceding twelve (12) month period.

(c) After the completion of ten (10) years of continuous service, eightpercent (8%) of all hours paid within the preceding twelve (12) monthperiod.

18.02 Vacation Pay

(a) The vacation year is from January 1 to December 31.

(b) Each vacation year, the employee shall have the option of having hervacation pay included on her regular bi-weekly pay cheque orbanking these amounts to be paid out during a subsequent unpaidvacation leave. Employees who elect to bank their vacation pay inany vacation year must inform the Employer of this election no laterthan December 15th of the previous year. This election, once made,cannot be changed within the vacation year.

*(c) Banked vacation pay will be paid by separate cheque at thecommencement of the employee's scheduled vacation leave. Anyvacation pay that is not paid out during the vacation year in which it isearned may be carried forward to a maximum of one (1) week’sentitlement. Any vacation pay entitlement that cannot be carriedforward will be paid out at the end of the vacation year.

18.03 Unpaid Vacation Leave

(a) Subject to Clause 18:02, the Employer will make all reasonableefforts to grant employees two (2) consecutive weeks off eachcalendar year for the purpose of vacation. Provided that theemployee provides at least thirty (30) days notice of her request,every reasonable effort will be made to grant the employee the leaveof absence for vacation at the time requested. Requests for vacationduring the months of June to August must be submitted to theEmployer no later than April 15th.



-22-(b) It is understood that when an employee requests and is granted

unpaid vacation in blocks of less than two (2) consecutive weeks,these vacation days will be deducted from the employee’s two (2)weeks entitlement.

(c) Where operational requirements necessitate placing a restriction onthe number of employees on leave of absence for vacation at anyone time, preference shall be given to employees with the mostseniority.

ARTICLE 19 SICK LEAVE

19:01 Sick Leave Defined

Sick leave means a period of time that an employee has been permitted tobe absent from work by virtue of being sick, disabled or quarantined.

19:02* Sick Leave Entitlement

Employees who have completed one (1) year of service shall be eligiblefor twenty (20) hours of paid sick leave in each calendar year, providedthat the employee has worked at least five hundred (500) hours in theprevious calendar year. Paid sick leave is for use within the calendar yearin which it is earned and is not cumulative.

19.03 Notification

(a) The employee shall inform her immediate supervisor as soon aspossible of her inability to report to work because of illness or injury.

(b) The employee shall inform her immediate supervisor in advance ofthe date of her return to work.

(c) Medical certificates may be required for all sick leave absences inexcess of two (2) consecutive shifts or in excess of five (5) shifts inany twelve (12) month period.

(d) For the purpose of obtaining medical certificates, an employee shallhave the option of being attended by a doctor of her choice andunder no circumstances will an employee be penalized in any way by



-23-the Employer for exercising her option of being attended by herpersonal physician.

19:04 Injury on Duty

An employee who is injured during working hours and is either required toleave for medical treatment or sent home because of such injury shallreceive payment for the remainder of the employee's scheduled work dayat her regular hourly rate. On return to work the employee will be requiredto provide a medical certificate from a qualified medical practitionerindicating that she received treatment for the injury.

ARTICLE 20 LEAVE - GENERAL

20:01 Leave for Negotiations

Leave without pay shall be granted to a number up to three (3)employees, who are members of the Union’s Negotiating Committee,while attending negotiations with the Employer.

20:02 Leave Without Pay for Union Business

(a) Where operational requirements permit, and provided at leastfourteen (14) days written notice has been provided to the Employerin advance, the Employer may grant leave of absence without payand without loss of seniority for a period of one (1) year for anemployee selected for a full time position with the Union. The periodof leave of absence may be renewed upon request. Employees willnot accrue any service or benefits, except seniority, during such anabsence.

(b) Where operational requirements permit, and on reasonable notice,the Employer may grant leave of absence without pay and withoutloss of seniority to employees to attend union workshops,conferences or other union business.

20:03* Bereavement Leave

(a) Immediate Family

If a death occurs in the immediate family of an employee, theemployee shall be granted three (3) consecutive days’ leave with payto a maximum of twenty one (21) hours immediately following thedeath. It is understood that employees would only be paid for shiftsthat they would have been scheduled or normally scheduled to work.



-24-For the purpose of this clause, “immediate family” is defined as theemployee’s mother, father, brother, sister, child, spouse, legalguardian, grandparents, grandchild, common-law-spouse, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law and

daughter-in-law.

(b) Leave to Attend Funeral

Employees are entitled to bereavement leave without pay for one (1)day to attend the funeral of an employee’s aunt, uncle, niece ornephew.

20.04 Maternity Leave and Parental Leave

(a) Maternity and Parental leave will be granted in accordance with the

Labour Standards Act unless otherwise amended herein.

(b) An employee who is pregnant shall be entitled, upon application, tomaternity leave without pay to commence not earlier than seventeen(17) weeks prior to the expected date of birth. The employee shallgive the Employer at least two (2) weeks notice of the date the leaveis to begin and shall provide a medical certificate from a medicalpractitioner stating the estimated date of birth.

(c) An employee who is the parent of a child shall be entitled, uponapplication, to parental leave without pay to commence no more thanthirty-five (35) weeks after the day the child is born or comes into thecare and custody of the parent for the first time. The employee shallgive the Employer at least two (2) weeks notice of the date the leaveis to begin.

(d) The maximum leave allowed under this clause shall be seventeen(17) weeks for maternity leave and thirty-five (35) weeks for parentalleave for a combined maximum of fifty-two (52) weeks in total.

(e) The employee shall give at least four (4) weeks notice of his or herintention to return to work and, in the case of maternity leave, shallprovide a satisfactory certificate of fitness from a medical practitioner

.

(f) Upon return from maternity or parental leave, the employee shallresume her former duties at her former position on the wage grid,subject to the availability of work.



-25-(g) Subject to Clause 19.02, an employee who, before commencing

maternity leave, becomes ill as a result of or relating to herpregnancy shall be entitled to sick leave upon production of medicalcertification satisfactory to the Employer.

(h) While on maternity or parental leave, employees shall not earn anybenefits of this Agreement, except seniority.

(i) An employee on maternity or parental leave shall be considered forany vacancies for which she has applied in accordance with theprovisions of Article 14. If the employee is successful, her trial periodshall start upon her return to work.

20:05 Adoption Leave

(a) In accordance with the Labour Standards Act, an employee wholegally adopts a child shall, subject to the approval of the Employer,be granted special leave without pay for a maximum of fifty-two (52)calendar weeks. Where possible, the employee shall give theEmployer at least two (2) weeks notice of the date the leave is tobegin and shall provide proof of adoption.

(b) The employee shall give at least four (4) weeks notice of her intentionto return to work from adoption leave.

(c) Upon return from adoption leave, the employee shall resume herformer duties at her former position on the wage grid, subject to theavailability of work, with no loss of seniority.

(d) While on adoption leave, employees shall not earn any benefits ofthis Agreement, except seniority.

20.06 Paid Jury, Court Witness or Jury Selection Leave

The Employer shall grant leave of absence without loss of pay, seniority,or accumulative benefits to an employee who is summoned for juryservice, or serves as a juror, or who is subpoenaed to attend upon a courtas a witness in a court proceeding. The employee will present proof ofsuch attendance.

20.07 General Leave



-26-With the approval of the Employer, an employee may be granted leave ofabsence without pay and without loss of seniority in exceptionalcircumstances.

20:08 Education Leave

An employee who is upgrading her employment qualifications through anEmployer approved upgrading course shall be entitled to leave of absencewithout pay to write examinations required by such course.

20:09 Extended Unpaid Leave

Upon written request, an employee who has completed two (2) years ofservice shall be granted leave to a maximum of twelve (12) monthswithout pay or seniority and without loss of accumulated seniority and

benefits provided that such leave shall not cause an unreasonableinterference with the Employer's operation. An employee shall be entitledup to a maximum of twelve (12) months unpaid leave for each two (2)years of service with the understanding that no employee can have morethan twelve (12) consecutive months of unpaid leave at any one time.Employees shall not be subject to any benefits of this Agreement duringthis period. The minimum amount of unpaid leave an employee mayrequest under this Clause is sixteen (16) weeks.

20:10 Family Leave

(a) Subject to Clause 20:10 (b), an employee shall be granted twenty-four (24) hours family leave days without pay, in any calendar year,to:

(i) attend to the temporary care of a sick family member living inthe same household;

(ii) attend meetings with school authorities concerning a dependentchild;

(iii) attend to the needs related to home or family emergency; or(iv) accompany a dependent family member living in the same

household on a dental or medical appointment.

(b) In order to qualify for family leave, the employee shall:

(i) provide as much notice to the Employer as reasonably possible;(ii) provide to the Employer valid reason why such leave is

required; and



-27-(iii) where appropriate, and in particular with respect to (ii) and (iv)

of 20.10 (a), have endeavored to a reasonable extent toschedule such events during off duty hours.

ARTICLE 21 PAYMENT OF WAGES AND ALLOWANCES

21:01 Classification and Wages

(a) Employees shall be paid wages as set out in Schedule A -Classifications and Wages.

(b) The Employer shall develop and maintain job descriptions for eachbargaining unit position. Copies of these job descriptions will be

made available to the employees and the Union within three (3)months of the signing of this agreement.

*(c) Timesheets are required to verify work performed. Employees areresponsible for the accurate completion of timesheets. Timesheetswill not be signed in advance by the client or employee.

21.02 Availability of Salary Cheques

(a) Employees shall receive their salary cheques bi-weekly. Overtimepay shall be included in the regular pay cheques for the pay periodnext succeeding the pay period during which overtime was earned.On each pay day, each employee shall be provided with an itemizedstatement of her wages, overtime and all payroll deductions.

(b) Pay day is every second Saturday. The Employer will make everyreasonable effort to ensure that salary cheques will be available onevery second Friday, provided that the employee has submitted hertime sheets or called in her hours within the prescribed time frame.

(c) The Employer will endeavour to implement direct deposit foremployees who request same, during the life of this Agreement.

21:03 Transportation Allowance

When, in the course of her duty, an employee is required to travel on theEmployer’s business, approved by the Employer, the employee shall bepaid for travel at the rate of thirty -one and one-half (31.5) cents perkilometer. It is understood that such travel allowance applies to all



-28-unscheduled shifts of the day unless otherwise mutually agreed by theemployee and the Employer.

ARTICLE 22 STRIKES AND LOCKOUTS

22:01 The Union agrees that during the life of this Agreement, there shall be nostrikes, suspensions or slowdown of work, picketing by members of theUnion on the premises of the Employer or any other interference with theEmployer's business. The Employer agrees that there shall be no lockoutduring the term of this Agreement.

ARTICLE 23 TERMINATION AND LAYOFF

23:01 Notice of Termination

(a) The Employer agrees to give employees two (2) weeks notice oflayoff or termination, in writing, excluding disciplinary termination.

(b) The employee shall give the Employer two (2) weeks notice, inwriting, to terminate her employment.

23.02 Definition of Layoff

Layoff is defined as a permanent discontinuance or suspension of all orpart of the Employer's business. It is understood that a periodic reductionin scheduled hours of work due to temporary or intermittent shortages ofwork does not constitute a lay off.

23.03 Loss of Hours

When an employee loses hours of work due to the loss of a client orclients, the Employer shall make a reasonable effort to replace thosehours based on seniority in accordance with Clause 15.02(a).

23:04 Layoff and Recall Procedure

(a) Employees shall be laid off in the reverse order of seniority byDistrict, provided that the employees remaining are qualified and ableto meet the Client’s needs.



-29-(b) Employees shall be recalled in order of seniority by District, provided

that the employees recalled are qualified and able to meet theClient’s needs.

(c) It is the responsibility of the employee to keep the Employer informedof her current address and telephone number.

23:05 No New Employees

(a) No new employees shall be hired until employees who are on layoffstatus or under notice of layoff are recalled and all employeesworking less than forty (40) hours per week are offered any extrahours.

(b) Clause 23:05 (a) shall not apply where the new employees

authorized period of employment expires prior to the effective date oflayoff for the employee on layoff notice.

ARTICLE 24 HEALTH AND SAFETY

24:01 Workers’ Compensation

(a) Eligible employees, as defined by the legislation, shall be covered bythe Workers' Compensation Act. Employees must report all injuries inaccordance with the Act.

(b) The Employer and the Union shall make every reasonable effort tohave an employee who is on Workers' Compensation return to herformer duties, and if the Workers' Compensation Commissiondetermines that the employee cannot perform her former duties, toanother work assignment within the bargaining unit.

(c) Employees in receipt of Workers' Compensation benefits shall notearn benefits of this Agreement except they will not have theirseniority date changed.

*(d) Employees who are on modified duties or easeback, shall earn thebenefits of their Agreement, including seniority, based on the numberof hours worked.

*(e) The Employer shall pay the cost of any employer requested post hirevaccinations for employees with more than one (1) year of service.



-30-*(f) The Employer agrees to provide staff with the available case history

related to communicable diseases, if relevant to client care.

24:02 Clothing & Protective Apparel

(a) Should the Employer require employees to wear scrub suits or similaritems of clothing, the cost shall be borne by the Employer

(b) The Employer shall ensure the supply of disposable gloves, withoutcost to the employee, for personal care of the Client if required.

24:03 On-the-Job Training

The Employer shall put in place a training program for all staff.Employees required by the Employer to participate in on-the-job training

on a client’s home shall be considered to have worked for all hours spentin such training.

24:04 First Aid Training

Employees are required to maintain first aid certification in accordancewith provincial regulations. Employees shall be reimbursed one hundredpercent (100%) of the cost of re-certification every three (3) yearsprovided the training program and the cost are pre-approved by theEmployer. Employees will be eligible for reimbursement if the employeehas worked five hundred (500) hours in the twelve (12) months precedingthe training.

ARTICLE 25 DURATION OF AGREEMENT

25:01* Duration

This Agreement will be in full force and effect for a four (4) year period oruntil a new Agreement is signed - April 1, 2008 to March 31, 2013. (Noretroactivity of benefits other than the listed statutory holidays in Article 17,up to the date of signing and pay increase July 1, 2010.)

25:02 Any provision of this Agreement, other than the duration of Agreement,may be amended in writing by mutual consent and such amendment(s)shall form part of this Agreement.



-31-

ARTICLE 26 EXISTING BENEFITS

26:01 The parties agree that all existing benefits enjoyed by employees of the

bargaining unit, which are not either included in this agreement or aregreater than those provided for in this agreement, shall be maintainedduring the life of the agreement.



-32-

SCHEDULE “A” - CLASSIFICATIONS AND WAGES*

Classifications

Home Support WorkerTeam Leader

Wages

Hourly Increases:

Effective July 1, 2010

Effective Julyl 1, 2011Effective July 1, 2012Effective July 1, 2013

Classification July 1/10 July 1/11 July 1/12 July 1/12

Home Support Worker $ 11.75 $ 12.25 $ 12.75 $ 13.25

Team Leader $ 12.11 $1 2.61 $ 13.11 $ 13.61



-33-

SCHEDULE “B” - DISTRICTS

1. Eddies Cove, Green Island Brook, Green Island Cove, pine’s Cove, Shoal Cove

East and Sandy Cove Area.

2. Savage Cove, Nameless Cove, flower’s Cove, Bear Cove, Deadman’s Cove andAnchor Point Area.

3. St. Barbe, Black Duck Cove, Pigeon Cove and Forrester’s Point Area.

4. Pond Cove, blue Cove, Plum Point, Brig Bay and Bird Cove Area.

5. Reef’s Harbour, Shoal Cove West and New Ferrolle Area.

6. Caster River North, Caster River South and Bartletts Harbour Area.

7. Cooks Harbour, Wild Bight and Boat Harbour Area.

8. Raleigh and Ship Cove Area.

9. St. Anthony, Goose Cove, St. Anthony Bight, Brehat and St. Carols Area.

10. St. Lunaire, Griquet, Gunners Cove, Quirpon, Straitview, Noddy Bay, Hay Coveand Lance Aux Meadows Area.

11. Main Brook Area.

12. Grandois, St. Jullien’s and Croque Area.

13. Conche Area

14. Roddickton and Bide Arm Area.

15. Englee Area.

16. Port Hope Simpson Area.

17. St. Lewis Area.

18. Mary’s Harbour and Lodge Bay Area.



-34-

* MEMORANDA OF UNDERSTANDING

Medical Insurance

this letter confirms a formal understanding between Norther Home Care Agency and theNewfoundland and Labrador Association of Public and Private employees (NAPE) toreview the possibility of obtaining medical insurance for members of the bargaining unit.Both Northern Home Care Agency and NAPE shall meet to review the availability fosuch coverage within the next six (6) months.

NORTHER HOME CARE AGENCY NAPE

northern home care 2013

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