RECEIVED MAR og 2017

IVw11stry of Labour DRS - Af~OITH.::1 TiON SERVICES

IN THE MATTER OF THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT

AND IN THE MATTER OF AN INTEREST ARBITRATION

Before:

Appearances

For the Employer:

ForCUPE:

BETWEEN:

Greenway Retirement Village (Revera)

and

CUPE, Local 5246-00

William Kaplan, Chair Brian O'Byrne, Employer Nominee Menno Vorster, Union Nominee

Ryan Wood Bass Associates

Andrew Ward Advocate CUPE

The matters in dispute proceeded to a hearing in Toronto on February 15, 2017.

Introduction

This Board of Interest Arbitration was consensually convened to resolve outstanding

collective bargaining issues in dispute for a first collective agreement between

Greenway Retirement Village (hereafter "the employer") and CUPE (hereafter "the

union"). The employer operates a retirement home in Brampton, Ontario. The union

represents approximately 118 employees in all of the usual classifications. The

employees were previously represented by CLAC. CUPE was certified on October 8,

2014. Notice to bargain was given to the employer on October 14, 2014. Bargaining took

place in May and August 2015. An application for conciliation was made on June 1,

2015 and a no board issued on September 4, 2015. The matters in dispute were then

referred to interest arbitration, but before the board could be fully constituted, the

business was sold to Revera. A new notice to bargain was then issued by the union and

further bargaining occurred in February 2016. Conciliation occurred on April12, 2016

and another no board issued. The outstanding issues in dispute were then referred to

interest arbitration and this board was constituted. A hearing took place in Toronto on

February 14, 2017. It is fair to say that there were numerous issues remaining in dispute.

In deciding these outstanding issues, we have carefully considered the detailed written

briefs, together with the submissions made at the hearing along, with the appropriate

criteria, both statutory and otherwise, most notably replication. The new collective

agreement will, therefore, consist of any unchanged provisions of the predecessor

collective agreement, the agreed-upon items and the terms of this award. Any employer

or union issue not addressed in this award is deemed dismissed.

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Award

Term

As agreed by the parties: November 30, 2015 to November 29, 2019.

Wages

November 30, 2015: 2%

November 30,2016: 2%

November 30,2017: 2%

November 30,2018: 2%

Retroactivity to all current and former employees within sixty days of issue of this

award.

NHRPP

Awarded effective 30 days following issue of award at 1% employee and 1% employer

contribution.

Uniform

Effective annually on January 1". Effective beginning January 1, 2017. $120 full-time, $60

part-time.

Shift Premium

Effective November 30, 2017: .10¢

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Other Economic Items

All other economic items as per current collective agreement.

Sunset Clause

Effective date of award: eighteen months.

Bargaining Unit Work

XX The Employer recognizes the Canadian Union of Public Employees (CUPE) and its local 5246 as the sole collective bargaining agent for all employees of Greenway Retirement Village, in the City of Brampton, save and except Supervisors, persons above the rank of Supervisor, and office and clerical staff.

2.1 Employees not covered by the terms of this Agreement will not perform any duties, which are normally performed by members of the bargaining unit.

This article shall not prevent residents or designates from making arrangements for private care providers or publicly funded service delivery (VON, Homecare), private duty or companion care. Such service(s) is between the resident and or designates and the provider and shall not be viewed as a violation of the Collective Agreement.

The current incumbents of the following classifications shall be considered working supervisors who may continue to perform bargaining unit work:

Environmental Services Supervisor Food Service Supervisor Administrative Assistant

Head Nurse

Office Coordinator

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XX Definition of Employee

2.4 Definitions

a) A full time Employee is one who is regularly scheduled for sixty ( 60) hours or more bi- weeki y.

b) A part time Employee is one who is regularly scheduled forless than sixty ( 60) hours bi- weeki y.

c) An unscheduled part-time Employee is one who does not have any regularly scheduled hours and is called into work on an as needed basis.

For unscheduled part-time Employees the hours may fluctuate up and down without triggering the layoff or posting procedures.

Management Rights

XX Except where specifically modified by the terms of this Agreement, the Union acknowledges that all Management rights are vested exclusively with the Employer. The Employer has the exclusive right to manage and direct its operations and affairs in all respects. These rights and functions shall include, but are not limited to:

(a) to determine and establish standards and procedures for the service, care, welfare, safety and comfort of the clients of the Employer,

(b) To maintain order, discipline and efficiency, and to make, alter, and enforce reasonable rules and regulations to be observed by employees.

(c) To hire, classify, promote, demote, transfer, schedule, layoff, recall, direct assign duties, discharge, suspend or otherwise discipline employees who have completed their probationary period for just cause;

(d) Generally, to manage the business and, without restricting the generality of the foregoing, the services to be rendered, the methods, the work procedures,

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to determine all staffing requirements and hours, to select, control and direct the use of all materials required in the operation of the Employer that are in the interest of the safety and well-being of the Employer, residents, employees and the public.

(e) The Employer agrees not to exercise its rights in an unreasonable or discriminatory manner.

Strikes and Lockouts

XX The Union agrees that there shall be no strikes and the Employer agrees that there will be no lockouts during the term of this Agreement. The definitions of the terms "lockout' and "strike" shall be as defined in the Ontario Labour Relations Act, 1995.

Union Security

XX All employees, who are covered by this Agreement, shall pay monthly union dues and shall remain members in good standing for the duration of their employment with the Bargaining Unit as a condition of employment.

XX Deductions shall be made from the bi-weekly payroll and shall be forwarded to the National Secretary-Treasurer of the Canadian Union of Public Employees, by no later than the 15th day of the month following, accompanied by a lists of the names and addresses of all employees from whose wages deductions have been made. This list will also include the names and addresses of the employees terminated during that month.

XX The Employer agrees to show the total amount of Union dues deducted on the employee's T4 slip.

XX The Employer agrees to acquaint new employees with the fact that a Collective Agreement is in effect, and with conditions of employment set out in the Articles dealing with Union Security and Dues remittance.

XX The Union agrees to save the Employer harmless from all deductions made from an employee's pay as provided.

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XX On commencing employment, the employee's immediate Supervisor shall introduce the new employee to a Union Steward or Representative, who will provide the new employee with a copy of the Collective Agreement, and explain to the new employee, the rights and privileges under this Agreement for a time up to a maximum of ten (10) minutes.

Discipline and Discharge

XX Any time an employee is to be reprimanded, questioned as part of an investigation, or disciplined, they shall have the right to the presence of a Union steward.

XX A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step 2 of the Grievance Procedure. Such grievance shall be submitted within 5 calendar days after the notice is given in writing.

XX Any disciplinary action or letter of reprimand is to be removed from the employee's record and shall not be used against him or her eighteen (18) months from the date of reprimand, provided that during the eighteen (18) month period there has not been any other discipline given to the employee.

XX An employee may request, in writing, an opportunity to view her personnel file in the presence of her supervisor or designate. The request shall be made at least five (5) days in advance of the review and the information the employee may review will be; her application form, any written formal evaluations, formal disciplinary notations, or incident reports in the file.

Seniority

XX Seniority is defined as the length of service with the Employer in the bargaining unit. For Full time employees seniority shall be calculated from the last date of hire. For Part-time Employees seniority shall be calculated on the basis of 1800 hours paid equals one (1) year.

XX The Employer shall maintain a seniority list. An up to date seniority list shall be sent to the Union and posted on the Union bulletin board in January and July of each year.

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Any questions regarding the seniority list must be submitted in writing to the Employer within thirty, (30) days following the posting of the list.

XX All new employees will be considered as probationary employees until they have been employed for 450 hours worked.

The parties may, by mutual consent, extend the probationary period.

During the probationary period employees shall be entitled to all right and privileges of this agreement unless otherwise specified. After completion of the probationary period, seniority shall be credited for the probationary period.

The probationary period affords the employer an opportunity to assess the employee. An employee who has not completed their probationary period may be released if the employer assesses them to be unsuitable.

XX No employee shall be transferred to a position outside the bargaining unit without her written consent. An Employee who is transferred or promoted to a position outside the bargaining unit shall not accumulate seniority. In. the event the Employee is returned by the Employer to a position in the bargaining unit within twelve (12) months, he or she shall be credited with the seniority held at the time of transfer and I or promotion and resume accumulation from the date of his or her return to the bargaining unit. An Employee not returned to the bargaining unit within twelve (12) months shall forfeit bargaining unit seniority.

XX An employee shall lose seniority and shall cease employment for the following reasons: a) resignation; b) retirement; c) is discharged for just cause and not reinstated; d) is absent from work for a period of three (3) scheduled shifts without notifying

the Employer, unless a reasonable explanation is provided to the Employer; e) fails to return to work within seven (7) calendar days following a recall from

lay-off after being notified by registered mail to do so. It shall be the employee's responsibility to notify the Employer of their current address.

f) has been laid-off for a period of 18 months; g) engages in gainful employment without the authorization while on an

approved leave of absence; h) if an unscheduled part time Employee has not been available to work for

period of (12) twelve months.

Mediation

XX By mutual consent, the parties may agree to use the services of a mediator. The parties agree to share the costs of the mediation.

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Layoff and Recall

XX A lay-off shall be defined as a permanent reduction in the workforce or a permanent reduction in the regular hours of work of an employee. The Employer shall notify employees who are to be permanently laid off in accordance with the provisions of the Employment Standards Act and the Union with no less than four (4) weeks written notice.

XX In the event of layoff, the Home shall lay off employees in the reverse order of their seniority, within their classification, providing that there remain on the job employees who have the ability and qualification to perform the work.

An employee who is subject to layoff shall have the right to either:

a) accept the layoff; or

b) optto retire;

c) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job and is qualified without training, other than orientation. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 13.01.

An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff.

An employee who is subject to layoff other than layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and (c) above.

It is understood that, at time of layoff, up to date seniority lists (both full-time and part-time) will be provided. However, the seniority will be deemed to be merged for purposes of displacing another employee in accordance with 13.01

Reduction of Hours

It is agreed and understood, that in the interest of efficiency and effectiveness, other layoff procedures may be mutually agreed upon.

The Employer agrees to:

i) Provide the Union with bi-weekly reductions of hours per classification.

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ii) Provide the Union with revised work schedules (of classifications that are directly affected or could be affected). Where possible the Employer will attempt to maintain full time hours. It is understood and agreed that this will not restrict the Employer's right to schedule.

iii) Inform Employees of the reductions.

iv) Within five (5) days allow Employees to select, in order of seniority, a position within the new revised work schedule. Employees will also have the choice of attending in person or providing a number where they can be reached at their set time. Employees put their name down on any available position (providing qualified).

At the conclusion of this process the new schedule becomes effective and Employees with no available positions would receive their required notice in accordance with.

Recall

XX Employees shall be recalled in order of seniority. Notice of recall shall be sent by registered mail to the employee's last known address. The employee must respond in writing to the notice within seven (7) calendar days of receipt of such notice, of her intention to either accept or decline the offer to recall. In the event that she does not respond to the notice or she refuses to accept the position, she shall lose all seniority and shall be considered to have resigned her employment.

XX No new employees shall be hired until all those laid off and those who have the same qualified skill and ability have been given an opportunity to return to work and have failed to do so, in accordance with this Article, or have been found unable to perform the work available.

XX Each employee shall keep the Employer informed of any changes in their employment-related information. The Employer shall be entitled to rely on the most recent address and telephone number furnished by the employee for all purposes.

Hours of Work

XX The normal hours of work are seven and one-half (7V:z) hours per day, exclusive of an uninterrupted unpaid thirty (30) minute meal break. The normal days per week are five (5) days per week with a week being the period from Monday to Sunday. Nothing in this Article shall be construed as a guarantee of hours per day, or days per week.

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It is agreed and understood that the Residence is a twenty-four hour per day, seven day per week continuous operation and that services must be maintained.

XX Working Schedule

A (2) two week schedule shall be posted in an appropriate place at least (2) two weeks in advance of the effective date.

There shall be no shifts of less than (3) three hours.

There will be no split shifts.

XX Time off Between shifts

There shall be a minimum of (12) twelve hours off between scheduled shifts of work. After the schedule has been posted Employees may make themselves available for additional shifts with a minimum of (8) eight hours between shifts.

XX DaysOff ~-

Days off shall be planned in such a way as to equally distribute free weekends. A full-time employee shall receive one weekend off in every two-week period, which shall include Saturday and Sunday.

All Employees shall be scheduled so that no employee shall work more than six (6) consecutive days, unless otherwise agreed to by the employee.

XX Standard/Daylight Savings Time

At the time of change from Standard Time to Daylight Savings Time or Daylight Savings Time to Standard Time, employees shall be paid for the hours they worked at their straight time hourly rate of pay for all such hours worked.

XX The shift commencing at or about 23:00 hrs shall be considered the first shift of the day.

XX Rest Period and Meal Periods

Rest periods shall consist of fifteen (15) minutes paid Meal periods shall consist of thirty (30) minutes unpaid.

Shift Duration Over 4 hours

Over 5 hours, up to 6 hours

Meal Period

0

1

Rest Period

1

1

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6lh hours or more 1 2

XX Shift Exchanges/ Giveaways

Employees may be permitted to giveaway or exchange days off, or shifts, with other employees by completing the appropriate forms, as supplied by the Employer, at least 72 hours in advance of the shift the employee wishes to exchange or giveaway. The 72 hours may be waived by mutual agreement. Such permission will not be unreasonably withheld. The Employer has no obligation for non-compliance issues or any premium payment arising out of any such exchange. Where the shifts involved include a shift differential, this premium shall be paid to the employee working the shift.

XX Call-In Procedure

The order of steps to cover a scheduled shift will be as follows:

1. Employees in the affected department and classification, who have stated their availability and do not trigger any additional or premium costs, will be called in order of their seniority from last accepted.

2. Then qualified employees in any other department or classification, who have stated their availability and do not trigger any additional or premium costs, will be called in order of their seniority from last accepted.

3. Employees could them be called in from the department and classification in order of their seniority from last accepted. It is understood that the appropriate overtime charges would apply.

XX Reporting Pay

Employees who report for any scheduled shift will be guaranteed at least three (3) hours of work, or if no work is available, will be paid at least three (3) hours except when work is not available due to conditions beyond the control of the home. The reporting allowance outlined as herein shall not apply whenever an employee has received prior notice not to report for work. The reporting pay will be prorated for part time employees.

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Overtime

XX Overtime shall be paid for all hours over seven and one half (7.5) consecutive hours in a shift or seventy-five (75) hours bi-weekly at the rate of time and one­half (llh) the employee's regular rate of pay.

XX All overtime must be authorized, by the Executive Director or designate. The authorization must be prior to working the hours, except in the case of an emergency.

XX No Lay Off to Compensate for Overtime

The Employer will not lay off employees during regular scheduled hours to equalize any overtime worked.

XX No Duplicating or Pyramiding of Overtime

Overtime premiums will not be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal workweek or as hours worked for which the overtime premium is paid.

XX Call- Back Pay

An Employee who has left the premises and is called back shall receive a minimum of three (3) hours pay at time and one half (llh ) their regular rate of pay. This clause shall not apply where the call back hours occur immediately prior to her scheduled shift.

Holidays

XX The following days shall be recognized as paid holidays:

New Year's Day Good Friday Victoria Day Canada Day Float Holiday

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

Full time employees shall receive one additional float holiday per year to be scheduled at a mutually agreeable time.

XX Holiday Qualifications

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In order to be entitled to receive payment for these holidays, the employee must work her scheduled shift before and the scheduled shift after the holiday unless on an approved leave of absence or absent due to a bona fide reason.

XX Payment for Holidays

Employees who work the holiday shall receive one and one-half (11h) times their regular rate of pay for all hours worked. In addition, the employee will receive a regular's day pay or, if requested in writing, a lieu day to be taken within 30 days of the holiday.

XX Holidays for Days Off

If one of the above named holidays occurs on an employee's regular day off, or during his vacation period, the employee shall receive an additional day off in lieu thereof. This day off shall occur within thirty (30) days after" the statutory holiday, unless otherwise arranged between the employee and Supervisor.

XX Christmas or New Year's Off

All attempts will be made to ensure that if you worked Christmas, you will have New Years day off. The Employer will make every attempt to accommodate all requests in a fair and equal manner.

XX Pension Plan

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

1. "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, and in addition:

(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.

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"Eligible Employees" means full-time and part-time employees in the bargaining unit who have completed nine hundred and seventy-five (975) hours of service.

2. Each Eligible Employee covered by this Collective Agreement shall contribute for each pay period an amount equal to one percent (1%) of applicable wages to the Plan. The Employer shall contribute on behalf of each eligible employee for each pay period, an amount equal to one percent (1%) of applicable wages to the Plan.

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

4. 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 no 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 increased obligation to the extent that any such obligations exceed that which the Employer would have if the Plan were a defined contribution plan.

5. 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 P8, as amended, which the Administrator may reasonably require in order to properly record and process pension contributions and pension benefits.

For further specificity, the items required for each eligible employee by Article 5 of the agreement are:

(i) To be Provided Once Only at Plan Commencement

Date of Hire Date of Birth Date of first Contribution

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Seniority List to include hours from date of hire to Employer's fund entry date for the purpose of calculating past service credit.

(ii) To be Provided with each Remittance

Name Social Insurance Number Monthly remittance Pensionable Earnings YTD pension contributions

Employer portion of arrears owing due to error, or late enrolment by the Employer

(iii) To be Provided Once, and if Status Changes

Full address provided to the Home Termination date, where applicable (MMDDYY)

(iv) To be Provided Once, if they are Readily Available

Gender Marital Status

Any additional information requests beyond that noted above may be provided, if possible, by the Employer at the expense of the Plan, unless the Employer is obligated by law to provide the information.

6. The Employer agrees to be bound by the terms of the Agreement and Declaration of Trust dated October 19, 2012 and the rules and regulations of the Plan adopted by the Trustees, both as may be amended from time to time.

Conclusion

At the request of the parties, we remain seized with respect to the implementation of

our award.

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DATED at Toronto this 9·" day of March 2017.

"William Kaplan"

William Kaplan, Chair

I dissent. Dissent to follow.

Brian O'Byrne, Employer Nominee

I dissent. Dissent to follow.

Menno Vorster, Union Nominee

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