COLLECTIVE AGREEMENT

Collective Agreement

between

The Peel Children’s Aid Society

And

Canadian Union of Public Employees Local 4914

April 1, 2012 to March 31, 2016

COLLECTIVE AGREEMENT

BETWEEN

THE PEEL CHILDREN’S AID SOCIETY

(hereinafter called "the Employer")

AND

CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 4914

(hereinafter called "the Union")

April1, 2012 – March 31, 2016

I N D E X

ARTICLE 1 PURPOSE 4

ARTICLE 2 RECOGNITION 4

ARTICLE 3 MANAGEMENT RIGHTS 6

ARTICLE 4 NO DISCRIMINATION 6

ARTICLE 5 CHECK-OFF DUES 6

ARTICLE 6 UNION REPRESENTATION 7

ARTICLE 7 NO STRIKES AND LOCKOUTS 8

ARTICLE 8 GRIEVANCE PROCEDURE 8

ARTICLE 9 ARBITRATION 10

ARTICLE 10 DISCIPLINE, SUSPENSION AND DISCHARGE 11

ARTICLE 11 SENIORITY 12

ARTICLE 12 LAY-OFF AND RECALL 14

ARTICLE 13 JOB POSTING 16

ARTICLE 14 LEAVE OF ABSENCE 18

ARTICLE 15 HOURS OF WORK 22

ARTICLE 16 COMPENSATORY/OVERTIME 22

ARTICLE 17 EMERGENCY AFTERHOURS 23

ARTICLE 18 PAID HOLIDAYS 23

ARTICLE 19 VACATIONS 24

ARTICLE 20 SICK LEAVE 27

ARTICLE 21 PAYMENT OF WAGES AND ALLOWANCES 28

ARTICLE 22 BENEFITS 30

ARTICLE 23 PENSIONS AND RETIREMENT 31

ARTICLE 24 GENERAL 32

ARTICLE 25 LABOUR-MANAGEMENT COMMITTEE 33

ARTICLE 26 HEALTH AND SAFETY COMMITTEE 33

ARTICLE 27 WORKPLACE SAFETY AND INSURANCE BOARD 35

ARTICLE 28 TERM OF AGREEMENT 36

SCHEDULE "A" WAGES 37

Letter #1 Re: Application Bumping Rights Article 12.03 40

Letter #2 Re: Non Standard Work Week 41

Letter # 3 Re: Workload 43

Letter # 4 Re: Diversity Committee 46

LETTER # 5 Re: RELIEF WORKERS 47

Letter # 6 Re: Mr. Xxxxx Xxxxx 49

LETTER # 7 Re: VIOLANCE IN THE XXXXXXXXX 00

Xxxxxx # 0 Re: Provincial Discussion table & sub committees 51

LETTER # 9 Re: BENEFITS SAVINGS 52

LETTER #10 Re: SUPERIOR BENEFITS re: PROVINCIAL DISUSSION

TABLE (PDT) PROCESS 53

LETTER #11 Re: PROCESS OF PDT REFERAL TO LOCAL TABLES AND

DISPUTE 54

APPENDIX “A” HUMAN RESOURCE ADJUSTMENT PLAN (HRAP) 55

LOI # 1 Re: POLICIES 61

ARTICLE 1 PURPOSE

1.01 It is agreed that the purpose and intent of this Agreement is:

(a) To promote co-operation and harmony between, the Employer, employees and the Union and to secure for the parties the full benefits of orderly collective bargaining and to provide an amicable method for the prompt and fair disposition of all grievances.

(b) To give service to the public in accordance with The Child and Family Services Act, as amended from time to time.

(c) To promote efficiency in the delivery of quality services.

(d) To set forth the conditions of employment to be observed by the employees, the Union and Employer.

(e) To recognize the mutual value of joint discussions and provide a channel through which information and problems may be communicated from one to the other.

1.02 This Agreement constitutes the entire Agreement between the Employer and the Union and the obligations undertaken and rights conferred herein are limited to the duration of this Agreement. No amendment, change or alteration to this Agreement shall be effective unless and until made in writing and signed by the authorized representatives of the parties to this Agreement.

ARTICLE 2 RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent of all employees of The Peel Children’s Aid Society in the Region of Peel save and except supervisors, persons above the rank of supervisors, clerical support staff, maintenance staff, those employed on contract of twelve (12) months or less, volunteer specialist, and students employed during the school vacation period or on a field placement as part of their curriculum requirements.

2.02 Full-time employee means an employee who is regularly scheduled twenty-eight (28) or more hours per week.

2.03 Part-time employee means an employee who is employed and is regularly scheduled to work less than twenty-eight (28) hours per week.

2.04 Contract Positions

(a) Contract positions are those with an expected duration in excess of twelve (12)

calendar months. Contract positions shall be posted internally in order to give bargaining unit employees a chance to apply. The Employer agrees to inform the Union in writing of its intent to create any contract position.

(b) If the contract position is the result of a grant or special funding, the terms or conditions of the grant or special funding will prevail over any conflicting terms, conditions or provisions of the collective agreement should the collective agreement apply to the person filling the contract position.

(c) The cessation or expiry of a contract position shall not be the subject of any grievance.

(d) Bargaining unit employees who assume contract positions shall still be considered bargaining unit employees and shall have all the rights and privileges under the collective agreement that they held prior to assuming the contract position, subject to paragraphs (b) and (c) above.

(e) If the contract position is filled by a member of the bargaining unit, once the contract position is completed, all bargaining unit employees who moved from their regular positions to fill other positions created as a result of a bargaining unit employee filling a contract position, shall return to their previous positions, if they exist. Should their position no longer exist the employee will be placed in a similar position within their original job classification.

(f) An employee hired from outside the employ of the Employer to fill a contract position will be credited with seniority for the period of their contract should they be hired directly into a permanent bargaining unit position.

2.05 Emergency After Hours Workers shall be deemed to mean any employee who is hired for the purpose of handling emergency child protection situations outside the normal office hours.

2.06 Relief Workers shall be deemed to be any employee who is hired for the purpose of filling in for vacant Residential Workers on a non-regularly scheduled basis.

2.07 All references to the singular or the male gender in this Agreement shall read as applying to the plural or the female gender where the context would apply.

2.08 The Employer agrees to provide each new member of the bargaining unit with a copy of the Collective Agreement. Further the Union will be provided up to a half hour to address new employees during staff orientations.

ARTICLE 3 MANAGEMENT RIGHTS

3.01 The Union recognizes and acknowledges that the management of the Employer's operations and direction of the employees are fixed exclusively in the Employer and without restricting the generality of the foregoing; the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order and efficiency;

(b) hire, promote, demote, classify, transfer, lay off and suspend employees and to discipline or discharge any employee for just cause provided that a claim by an employee who has acquired seniority that he/she has been discharged or otherwise disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided; and,

(c) make, enforce and alter, from time to time, rules and regulations to be observed by the employees,

Provided these functions are not exercised in contravention of the provisions of this agreement.

ARTICLE 4 NO DISCRIMINATION

4.01 The parties agree that there shall be no discrimination exercised or practiced with respect to any employee by reason of the protected provision of The Ontario Human Rights Code, as amended from time to time, or by reason of his/her membership or activity in the Union. For the purposes of information, the current protected provisions of The Ontario Human Rights Code are: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same sex partnership status, family status, or handicap.

4.02 The Employer recognizes that no employee shall be subject to harassment. Reference to harassment is as set out in the Ontario Human Rights Code, as amended from time to time.

ARTICLE 5 CHECK-OFF DUES

5.01 The Employer agrees to deduct an amount equal to the regular monthly Union dues from each employee in the bargaining unit.

5.02 The amount of the regular monthly dues shall be those authorized by the Union in accordance with the provisions of its By-laws and Constitution and the Financial Secretary of the Union shall notify the Employer of any changes therein and such notification shall be the Employer’s conclusive authority to make the deductions specified.

5.03 The Employer agrees that the total amount of any monthly Union dues deducted in the calendar year shall be identified on the T4 Slip provided by the Employer.

5.04 The Union shall indemnify and save harmless the Employer, including its agents, and employees, from any and all claims or actions, arising out of or in any way related to the deductions made in accordance with this Article.

ARTICLE 6 UNION REPRESENTATION

6.01 The Employer agrees to recognize –

(a) The President, Vice-President, Recording Secretary, Treasurer and Chief Xxxxxxx.

(b) Both parties agree to recognize a Negotiating Committee consisting of three (3) bargaining unit members plus the President and National Representative from the Union as well as up to a maximum of five (5) representatives from the employer. Time spent by the Negotiating Committee during a regularly scheduled shift meeting with the Employer for the purpose of negotiating a renewal of this agreement up to conciliation shall be considered time worked and result in no loss of remuneration.

(c) Five (5) Stewards.

6.02 For the purpose of this Article, the name and position of each of the committee members, from time to time selected, shall be given to the Employer in writing, and the Employer shall not be required to recognize any such committee members until it has been notified.

6.03 The Executive Committee of the Union and stewards have regular duties to perform on behalf of the Employer. No such employee will absent themselves from their regular duties unreasonably in order to deal with grievances or other Union business; nor will they leave their regular duties prior to receiving permission from their Team Leader. Each such Committee Member shall report back to their Team Leader when returning to their regular duties. Employees shall suffer no loss in regular pay for the time spent in performing such union business.

6.04 The Union Executive Committee may have the assistance of a CUPE National Representative when meeting with the Employer provided that such representative has provided reasonable advance notice to the Employer.

6.05 From time to time the Union may request permission from the Employer for a meeting room on the Employer's premises.

6.06 The Employer shall provide a locked bulletin board at the main office, and a bulletin board at each Residential Group Home, which shall be placed so that all employees will have access to it and upon which the Union shall have the right to post notices of interest to its

members. Union notices must be approved in advance by the Employer.

ARTICLE 7 NO STRIKES AND LOCKOUTS

7.01 During the lifetime of this agreement, the Union agrees that there will be no strike and the Employer agrees that there will be no lock out. The definition of the words “strike” and “lock out” shall be as set forth in the Ontario Labour Relations Act, R.S.O. 1980, as amended from time to time.

ARTICLE 8 GRIEVANCE PROCEDURE

8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.

8.02 It is the mutual desire of the parties hereto that complaints of employees shall be resolved as quickly as possible. It is understood that an employee has no grievance until he/she has first given his/her immediate Team Leader the opportunity of resolving their complaint. If an employee has a complaint, he/she shall advise the Team Leader that he/she wishes to hold a complaint meeting and discuss it with their immediate Team Leader seven (7) working days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The discussion shall be between the employee and their immediate Team Leader. The Employee may request a Union Representative be present.

Step 1

Should the employee’s complaint or concern not be adequately addressed to his satisfaction with in seven (7) working days of the meeting the employee may file a written grievance to the employee's Senior Service Manager or designate. The Senior Service Manager or designate shall investigate the grievance and may discuss it with the employee or employees involved with the Xxxxxxx who has signed the grievance. The Senior Service Manager or designate shall give their decision in writing to such Xxxxxxx within a further seven (7) days following receipt of the grievance.

Step 2

Within seven (7) days after the Step 1 decision is received or should have been received, the grievor and/or his/her xxxxxxx may submit the grievance in writing to the Director of Service or their designate. A meeting will then be held between the Director of Services or his/her designate, the griever, one member of the Union Grievance Committee and, a national representative of the Canadian Union of Public Employees if the Union so wishes. Such a meeting shall be held within seven (7) days of the submission of the grievance at Step 2,

unless extended by written mutual agreement of all parties. The decision of the Director of Services or his/her designate shall be delivered in writing within seven (7) days following the date of such meeting.

8.03 Group Grievance

Where a number of employees have the same grievance and each employee would be entitled to grieve separately, they may present a group grievance identifying each employee who is grieving and such written grievance shall be originated under Stage 2.

8.04 Employer Grievance

It is understood that the Employer may submit to the Union's Executive Committee any complaint with respect to the conduct of Union officer(s), Committee Member(s), xxxxxxx(s) or member(s) concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement, and if such complaint by the Employer is not settled satisfactorily, it may be treated as a policy grievance and referred to Arbitration in the same manner as a policy grievance of the Union.

8.05 Policy Grievance

Similarly, the Union shall have the right to process a policy grievance which could not otherwise be processed by individual employees and which deals with any difference which arises between the Parties from the interpretation, application, administration or alleged vio- lation of the provisions of this Agreement.

8.06 An Employer Policy grievance shall be filed within ten (10) days of the day on which the circumstances giving rise to the grievance occurred or came to the attention of the Employer. A Union Policy grievance shall be filed within ten (10) days of the day on which the circumstances giving rise to the grievance occurred or came to the attention of the Union.

8.07 All policy grievances shall be initiated at the Step 2 level of the Grievance Procedure.

8.08 Discipline Grievances

A claim by an employee that he/she has been discharged or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Senior Service Manager at Step 2 of the grievance procedure within seven (7) days after the employee receives written notice of discharge or suspension. All discipline grievances concerning discharge or suspension or shall be initiated at the Step 2 of the Grievance Procedure.

8.09 For purposes of Articles 8, and 9, and all grievances processed thereunder, all time limits shall be deemed to be mandatory. If at any step in the grievance or arbitration procedure the

grievance has not been processed by the grievor or his/her agent in accordance with the time limits prescribed, the grievance shall be deemed to have been settled and/or withdrawn and abandoned. If at any step of the grievance procedure the grievance has not been processed by the Employer within the prescribed time limits, the grievance may be advanced to the next step by the grievor, within the time limits as prescribed.

8.10 In determining the time within which any action is to be taken under the Grievance and Arbitration Procedure as set out in Articles 8 and 9, weekends, designated holidays and religious holidays shall be excluded. When grievances are submitted by mail, the date of presentation shall be the letter's postmark.

8.11 All time limits provided for in Articles 8 and 9 can be extended by mutual consent, in writing.

ARTICLE 9 ARBITRATION

9.01 Failing settlement under the grievance procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this agreement including any question as to the whether the matter should be referred to arbitration as herein after provided. If no written request for arbitration is received within twenty (20) days after the decision under Step 2 is given the grievance shall be deemed to have been abandoned.

9.02 The Board of Arbitration shall be composed of one person appointed by the Employer, one person appointed by the Union, and the third to act as chairperson, chosen by the other two members of the Board of Arbitration. Within ten (10) working days of the request by either party for a Board of Arbitration each party shall notify the other of the name of its appointee. Should the person chosen by the Employer to act on the Board of Arbitration, and the person chosen by the Union, fail to agree upon a third person, within seven (7) working days, either party may request that the Minister of Labour of the Province of Ontario appoint a person to act as chairperson.

9.03 The parties, by mutual written consent, may agree to a single arbitrator in place of a Board of Arbitration. The single Arbitrator shall have the same powers as the Board of Arbitration.

9.04 The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration or single arbitrator shall be final, binding and enforceable on all parties and any employees affected by it. The Board of Arbitration shall not have the jurisdiction to amend, alter, modify or add to any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. However, the Board or single Arbitrator shall have the power to modify penalties or dispose of a grievance by any arrangement which it deems just and equitable. No monetary adjustments shall be made retroactive prior to date of the

occurrence of the original complaint or event.

9.05 Each party shall pay the fees and expenses of the nominee it appoints, if appointed and one half of the fees and expenses of the Chairperson or single Arbitrator.

9.06 No person shall be appointed as an Arbitrator who has been involved with any attempt to negotiate or settle the grievance.

9.07 Time limits fixed in this article may be extended by mutual agreement in writing between the Union and the Employer.

ARTICLE 10 DISCIPLINE, SUSPENSION AND DISCHARGE

10.01 An employee who has completed his/her probationary period may be suspended or discharged for just cause. Where possible and practicable, when an employee is suspended, he/she shall be given the reason in the presence of a Xxxxxxx or member of the Union Executive Committee. In the event of discharge the Employer will give the reason in the presence of a member of the Union Executive Committee or his/her designate.

10.02 An employee that has not completed his/her probationary period is not entitled to the “just cause” standard for termination of their employment. A probationary employee may be dismissed at the sole discretion of the Employer.

10.03 Whenever the Employer deems it necessary to discipline an employee in any manner (excepting a verbal warning), the Employer shall promptly thereafter give written reasons of such censure to the employee involved. The Employer agrees to provide the Xxxxxxx or member of the Union Executive Committee with a copy of any such notice including a letter of termination or suspension.

10.04 An employee is entitled, upon request, to be accompanied by a Union Xxxxxxx or member of the Union Executive Committee during any meetings that the Employer has called in order to impose any discipline on the employee.

10.05 After twenty-four (24) months a disciplinary warning shall not be used against an employee and shall be removed from the employee’s personnel file provided no other disciplinary warning or other disciplinary action(s) have been issued against that employee in that twenty four (24) month period.

10.06 With reasonable notice an employee shall be able during normal business hours to have access to review his/her personnel file. The employee is entitled to receive a copy of the file if requested. An employee may respond in writing to any document contained therein. Such reply shall become part of the permanent record.

ARTICLE 11 SENIORITY

11.01 Seniority Defined

Seniority is defined as the length of continuous employment from the last date of hire. Seniority shall be used as a factor in determining preference or priority for promotion, transfer, demotion, lay-off and recall as set out in other provisions of the Agreement. Seniority shall operate on a bargaining unit wide basis.

If two (2) or more employees commence work on the same day, the employee, whose resume has the earliest receipt date, will be considered to be the senior employee.

11.02 Length of continuous service for part-time employees will be accumulated on a pro-rated basis as follows one (1) year’s seniority for each one thousand eight hundred and twenty (1,820) hours worked in the bargaining unit as of the date of last hire (two thousand eighty [2080]) hours for Residential employees.

11.03 Full Time employees shall be on probation for a period of six (6) consecutive calendar months of active employment. Part Time employees shall be on probation for a period of nine hundred and ten (910) paid hours of continuous employment (one thousand and forty [1040]) hours for a part time employee who normally works an eight (8) hour shift).

11.04 The probation period may be extended by agreement between the Employer and the employee for up to three (3) months for full time employees or four hundred and fifty-five

(455) hours for part time employees. The Union will be notified when the probation period has been extended and the length of the extension.

11.05 Seniority lists for both full time and part time employees shall be revised quarterly; a copy of each list will be posted on the bulletin boards and copies given to the Union. Part time seniority list will provide the total number of hours and accrued seniority. If an employee or the Union does not challenge the position of his/her name on the seniority list within the first thirty (30) working days from the date his/her name first appears on a seniority list, provided he/she is at work when the list is posted, then he/she shall be deemed to have proper seniority standing. In the event the employee is not at work when the list is posted, he/she must object to his/her seniority standing within thirty (30) working days from the date he/she returns to work.

11.06 Service Defined

Service shall be defined for the purposes of this collective agreement as the employee’s seniority reduced for the following reasons:

(a) Absent from work due to sickness or accident beyond ninety (90) days except WSIB cases which will be protected for twenty-four (24) months.

(b) Absent from work due to leave of absence beyond sixty (60) days of such leave except for pregnancy and/or parental leave, in which case the service will continue for the length of the pregnancy and/or parental leave.

11.07 Seniority shall terminate and an employee shall cease to be employed by the Employer when he/she:

(a) submits a verbal or written resignation and does not withdraw it within twenty-four

(24) hours;

(b) is discharged and is not reinstated through the grievance procedure or arbitration;

(c) is off the payroll for a continuous period of eighteen (18) months due to lay-off for employees with under three (3) years of service or a continuous period of twenty four (24) months for employees with three (3) or more years of service ;

(d) is absent from work due to illness or accident for a period which exceeds twenty four (24) months subject to the Human Rights Code.

(e) fails to return to work upon termination of an authorized leave of absence within three (3) days unless a reason acceptable to the Employer is given;

(f) utilizes a leave of absence for purposes other than those for which the leave may have been granted;

(g) has been absent from work for more than three (3) working days without notifying the Employer and providing a reasonable explanation for his/her absence;

(h) subject to 12.05 fails to report for work within ten (10) working days after being notified in writing by registered mail by the Employer, following a layoff, or fails to inform the Employer within two (2) working days of recall that he/she will report for work. It is understood that the employee shall keep the Employer informed of his current address and phone number; and,

(i) upon retirement.

11.08 An employee who transfers from part-time to full-time shall be credited with seniority on the basis of one thousand, eight hundred and twenty (1820) hours (two thousand eighty (2080) hours for an employee who normally works an eight (8) hour shift) which equals one

(1) year of seniority for an employee who normally works seven (7) hour shifts. The seniority for an employee who does not have one thousand, eight hundred and twenty (1820) hours (two thousand eighty (2080) hours for an employee who normally works an eight (8) hour shift), or a multiple thereof, shall have his/her seniority pro-rated on an equivalency basis. An employee who transfers from full-time to part-time shall be given seniority credit by translating the length of service into hours where one (1) year of service

is equivalent to one thousand, eight hundred and twenty (1820) hours from an employee who normally works seven (7) hour shifts (two thousand eighty (2080) hours for an employee who normally works eight (8) hour shifts). Part years shall be pro-rated.

ARTICLE 12 LAY-OFF AND RECALL

12.01 Definition of Layoff

(a) A layoff shall be defined as a reduction in the workforce.

(b) Part-time layoff shall be separate and apart from full-time. Where feasible, part-time employees will be laid off before full-time employees.

12.02 Organizational Changes

The Employer shall give the Union a minimum of two (2) months notice in the event the Employer has determined a reduction in bargaining unit employees and/or closure of programs, services or supports; layoffs; restructuring; or any other initiative that would impact the job security of bargaining unit members.

The Employer shall meet with the Union within fifteen (15) working days of the notice at which time the Employer shall advise the Union of its plans.

The Employer and the Union will continue to meet on an on-going regular basis to minimize impact on service.

12.03 In the event of a layoff, employees shall be laid off in reverse order of their bargaining unit wide seniority as defined in Article 11. An employee with notice of layoff may within five

(5) days of receipt of such notice, bump any employee with less seniority, in a similar or lesser classification, providing the employee exercising the right is qualified to perform the work of the employee with less seniority.

12.04 If the Employer declares a vacancy, while there are employees on layoff who retain recall rights, the most senior laid off employee with recall rights qualified to perform the work will be recalled.

12.05 An employee on layoff may refuse a recall to a lower paid classification, a position with reduced hours or a temporary position of six (6) months or less without loss of recall rights.

12.06 No new employees will be hired until those laid off have been given an opportunity of re- employment, subject to Article 12.04.

12.07 The Employer shall notify the Union and employees who are to be laid off twenty (20) working days before the lay-off is to be effective. If the employee laid off has not had the opportunity to work twenty (20) full days after notice of lay-off, he/she shall be paid in lieu

of work for that part of twenty (20) days during which work was not made available.

12.08 An employee who is subject to permanent layoff shall have the following entitlements;

(a) Be placed on a recall list for a period consistent with Article 11.07 (c) from the date of the actual layoff begins; or

(b) To accept the layoff, waive the right to recall, resign and receive any termination and severance pay of two (2) weeks’ salary for each year of continuous service to a maximum of twenty-six (26) weeks’ pay inclusive of obligations under the Employment Standards Act, 2000.

Nothing in this article is intended to deprive an employee of any other options upon lay off that may be available to that employee under this Collective Agreement.

12.09 The Employer agrees to pay its share of coverage for all employees' benefit plans for the three (3) months following the month of lay-off, provided that the employee pays his/her share of the said benefit plans and conditional that an employee who takes employment outside of the bargaining unit shall forfeit his/her rights under this article. Should an employee elect not to accept recall benefit coverage will be terminated. The laid off employee will pay his/her share of such premiums from final wages. In the event of a longer lay-off, and not exceeding six (6) months, employees so affected will be given the opportunity to continue the coverage through direct payment provided the benefit plans permits it.

12.10 It shall be the duty of each employee to notify the Employer, in writing, promptly of any change in address and telephone number. If an employee fails to do this, the Employer will not be held responsible for failure of a notice to reach such employee.

12.11 LTD coverage will cease at the end of the month in which the employed is laid off unless the employee arranges with the carrier to extend their coverage during the period of the lay off period. Employees extending LTD for all or part of the lay off will be responsible for paying one hundred percent (100%) of the premium directly to the carrier.

12.12 OMERS contributions will be suspended during the lay-off and under OMERS rules, layoff periods are considered to be non purchasable broken service.

12.13 Upon lay off the Employer will provide employees who need support in seeking other employment with assistance with respect to drafting a resume, the conduct of an employment interview and how to conduct a job search.

12.14 Bargaining unit employees directly impacted by this article shall be provided with orientation in the event that they move into a new classification as a result of this article.

ARTICLE 13 JOB POSTING

13.01 In the event a vacancy occurs which the Employer wishes to fill, the Employer will post a notice of the vacancy for a period of seven (7) calendar days on the intranet. Employees may set up the alert system for notification. The notice will contain the job title, duties and responsibilities, current salary range, location, hours of work, qualifications, required knowledge and education.

13.02 An employee that wishes to be considered for any posted position shall signify his/her desire by submitting an application in writing to the HR Department within seven (7) calendar days of the posting of the notice.

13.03 The Employer agrees not to consider any outside applicant until all employees who have applied have been considered and the Employer has decided that none of the employees who so applied are suitable.

13.04 Employees who have been in their current position for less than twelve (12) months will be considered for another position at the sole discretion of the Employer.

13.05 Unless otherwise agreed to by the Employer, employees serving a probationary period may not apply to postings. Where the employer agrees to permit the probationary employee to apply for a posted position and the employee is the successful candidate for the position, the employee shall serve the full probationary period for the posted position.

13.06 Within fifteen (15) calendar days after the interview process is complete, successful and unsuccessful applicants shall be so advised. The name of the successful applicant will be posted.

13.07 There is no obligation for the Employer to post a position or declare a vacancy when the expected duration is six (6) months or less including absence due to sickness, accident, leave of absence or vacations.

13.08 All cases of vacancy, promotion and transfer shall be based on the following factors:

(a) skill, ability and academic qualifications; and

(b) seniority.

Where, in the judgement of the Employer, the factors in (a) are relatively equal, seniority shall govern. Such judgement shall be made in a fair, impartial and consistent manner.

13.09 Only the original vacancy and two (2) resulting vacancy shall be posted and all other vacancies which occur as a result of having filled the original vacancy shall be filled at the discretion of the Employer.

13.10 Employees who are going to be absent, on leave or vacation, may file a notice with the

Human Resources Department indicating a desire to be considered for vacancies that arise during their absence.

13.11 Recruitment and Retention – Mobility of Employees in the Child Welfare Sector

The parties to this agreement recognize the value of retaining experienced employees. In order to provide mobility and enhanced service-based rights for employees who may wish to relocate from one agency to another, the following measures are to be enacted:

(a) All bargaining unit vacancies that occur at a participating Employer, where the Employer has exhausted their normal internal posting and recruitment processes, shall be included in the job postings on the OACAS website.

(b) Employees hired from one agency into another will be required to complete a full probation period as per the collective agreement of the hiring Employer.

(c) Where an applicant from a participating Employer is successful in a job competition at another participating Employer, upon moving to the new Employer service-based entitlements for wages and vacation at the new Employer shall be based on the length of his/her most recent period of continuous service. The foregoing does not apply to seniority-based entitlements.

13.12 Duty to Accommodate

Should an employee require an accommodation under the Ontario Human Rights Code or other applicable legislation, the Employer shall review accommodation issues and options with the Union. The parties agree and acknowledge that notwithstanding the job posting provisions of this collective agreement the Employer may assign an employee to a position without posting the position or vacancy as part of the duty to accommodate.

13.13 Qualifications

(a) Should job qualifications be changed by the Employer, employees will be deemed qualified for their current position, and those qualifications for which an employee has been deemed qualified will be transferable to any other position within the bargaining unit which requires those qualifications.

(b) Should job qualifications be changed as a result of legislation or government directives, the Employer shall work with the Ministry of Child and Youth Services and the Union to develop a plan to mitigate any negative impact for staff.

ARTICLE 14 LEAVE OF ABSENCE

14.01 The Employer may grant a leave of absence without pay if an employee requests it, in writing.

14.02 Upon request in writing to the Senior Service Manager and giving as much advance notice as possible but in no case less than two (2) weeks to the Employer, an employee elected or appointed to represent the Union at conventions or seminars may be allowed leave of absence with pay and benefits. The Union shall reimburse the Employer for the amount of wages and benefits paid to the employee during the leave of absence upon request from the Employer within forty-five (45) days. No more than five (5) employees will be granted leave at the same time and no more than one (1) employee from the same team. Should the duration of the absence be in excess of two (2) days no more than one (1) employee from the Intake Department will be granted leave at the same time. In the event that two (2) or more employees are elected from the same team, the Union and the Employer will work together to develop a mutually agreeable resolution. The total aggregate amount shall not exceed thirty five (35). Such permission shall not be unreasonably withheld.

14.03 An employee who is elected or selected for a full-time position with the Union, or any body with which the Union is affiliated, or who is elected to public office, may be granted leave of absence without loss of seniority and without pay for a period of two (2) years. Benefit coverage for an employee taking such leave shall cease upon the commencement of the leave for the duration of the leave. At the discretion of the Employer, such leave may be extended for a further period.

14.04 Bereavement Leave

In the event of the death of a member of an employee's family, the full-time employee will be granted a leave of absence with pay up to a maximum of five (5) consecutive working days (two (2) scheduled shifts for part time, excluding relief and emergency after hours), one of which must be the day of the funeral. In the event that the internment or memorial service is held at a later date, one (1) of these days shall be allowed for use at this time.

The term "member of an employee's family" means a spouse (including common-law

spouse), same sex spouse, children (natural, adoptive, step), parent (own, step, xxxxxx), siblings, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandchild (own, step), grandparents (own, step, in-law).

14.05 Family Leave

(a) Written Notice to the Employer

An employee wishing to take pregnancy and/or parental leave must advise the Employer in writing when he/she intends to begin the leave at least two (2) weeks and where possible four (4) weeks in advance and advise the Employer of the expected date of return to employment at the time the request is made.

(b) Length of Pregnancy and/or Parental Leave

An employee shall receive pregnancy and/or parental leave in accordance with the Employment Standards Act. An employee may extend the unpaid leave to twelve

(12) months. While on pregnancy and/or parental leave an employee shall retain their full employment status and rights under this Collective Agreement, unless otherwise expressly excluded. Seniority and service shall accumulate for up to a maximum of twelve (12) months during pregnancy and/or parental leave.

(c) Employee Benefits During Pregnancy and/or Parental Leave

During the period of pregnancy and/or parental leave the Employer shall continue to pay its share of the premiums for full time employees for a maximum period of fifty- two (52) weeks for health care benefits for which the employee is enrolled.

LTD coverage for full time employees will continue, provided 100% of the premium is paid by the employee prior to the commencement of the leave.

The Employer will pay the Employer's share of OMERS contributions to match those of the employee during the leave, up to a maximum of fifty-two (52) weeks unless the employee gives one (1) month's notice to the contrary before the leave begins. Payment for OMERS contributions are as per the rules and regulations of the OMERS plan.

(d) Procedure Upon Return from Pregnancy and/or Parental leave:

If the employee wishes to amend the original return date, an employee must provide the Employer with at least four (4) weeks written notice. On return from pregnancy and/or parental leave, the employee will be placed in the position the employee most recently held with the Employer if it still exists. Unless the employee has been the successful candidate for a position in a higher or lower grid level the employee shall be returned to the salary grid level they held prior to

commencing pregnancy and/or parental leave, and this level shall be adjusted for all increments for the period of the leave. In cases where the position no longer exist or there has been a lay off such that the employee no longer has sufficient seniority to hold the position, the employee shall be entitled to exercise his/her seniority rights pursuant to Article 11.

(e) If during this leave of absence, the employee decides to terminate employment, the employee must give the employer one (1) month's notice of the intent to terminate.

(f) Accrued vacation credits to a maximum of twenty (20) days must be taken consecutively with the pregnancy and/or parental leave. An employee may take more or less than twenty (20) days vacation credits with special permission of the Executive Director or his/her designate. Such permission will not be unreasonably denied.

(g) An employee will not be entitled to Sick Leave benefits during a pregnancy leave of absence.

(h) An employee completing their pregnancy/parental leave, upon a minimum of four

(4) weeks written notice may have an additional unpaid leave of absence of up to twelve (12) months.

(i) Pregnancy and Parental Leave Top Up

Effective for any leave commencing after the date of ratification and approval of a Supplemental Unemployment Benefit (SUB) plan:

An employee, with thirteen (13) weeks of service, who is on either pregnancy or parental leave for biological or adoptive parents, as provided under this Article and that employee provides the Employer with proof that the employee has applied for and is eligible to receive Employment Insurance (EI) benefits pursuant to the Employment Insurance Act will receive form the Employer as a SUB the difference between the amount of E.I. benefits received and seventy percent (70%) of the employee’s normal salary for the number of weeks designated below provided the that the employee continues to receive E.I. benefits that period of time.

Effective for leaves commencing after date of ratification nine (9) weeks Effective for leaves commencing after April 1, 2014 ten (10) weeks

14.06 Adoption Leave

Adoption leave without pay shall be granted for a period not exceeding twelve (12) months to an employee who has been employed with the Employer for a period of at least thirteen (13) weeks prior to the expected date of placement of the child. Because the special nature of the adoption process sometimes provides for little or

no notice of placement, it will be left to the employee and the Employer to determine the most appropriate notice through agreement. The employee at the time of the leave must inform the Employer in writing of the date of return to active employment. The same benefits arrangements and seniority provisions apply to adoption leave as are outlined in parental leave.

14.07 Personal and Emergency Leave

A full time employee may have up to five (5) days of paid Personal/Emergency Leave is entitled to personal and emergency leave during each calendar year. Personal/Emergency leave may be used in the following circumstances:

(a) Personal illness, injury or medical emergency;

(b) Illness, injury, medical emergency or urgent matter relating to the following family members: A spouse*; A parent, step-parent, xxxxxx parent, child, step-child, xxxxxx child, grandparent, step-grandparent, grandchild or step- grandchild of the employee or the employee's spouse; The spouse of an employee's child; A brother or sister of the employee; A relative of the employee who is dependent on the employee for care or assistance;

(c) Reasonable accommodation for religious holidays, which do not fall on a public holiday; and,

(d) professional appointments.

*Note: “spouse” includes both married and unmarried couples, of the same sex or the opposite sex.

The parties agree that paid personal leave is not additional vacation.

14.08 Jury and Crown Witness Leave

An employee required to serve on a legally constituted jury or subpoenaed as a Crown witness during a period when he would otherwise be scheduled to work for the Employer shall be paid the wages he would have received during this period computed on the basis of his regular number of straight time hours and the current rate of pay. Such employee will notify the Employer of the requirement to attend the Court and shall furnish adequate proof of the amount of pay received, excluding expenses, which shall be deducted from his/her next pay cheque or alternatively the employee shall remit directing such amount of pay received, excluding expenses, to the Employer. The Employer will not require the employee to work any other regularly scheduled hours on a day he or she is required to report for jury duty or Crown witness, but may require an employee excused from jury duty or Crown witness to complete the balance of his/her regular shift

ARTICLE 15 HOURS OF WORK

15.01 The following paragraphs and sections are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week or of days of work per weeks.

15.02 The normal work week for full time employees shall consist of five (5) seven (7) hour days from Monday to Friday inclusive for a total of thirty-five (35) hours per week. The Employer’s normal office hours are from 9 am to 5 pm, Monday to Friday. Full time employees working in Group Home/Residential shall have a normal work week averaging forty (40) hours per week over a seven (7) week period. Due to the nature of their work, employees working in Group Home/Residential, Pathways and Volunteer Department normal work week includes Saturdays, Sundays and holidays.

15.03 Employees are entitled to a one (1) hour non-paid meal break each day (Group Home/Residential Workers are entitled to a one (1) hour paid meal break for each shift of five hours or more). An employee who works more than four (4) hours shall be entitled to two (2) fifteen (15) minute paid rest periods and an employee who works four (4) hours or less shall be entitled to one (1) fifteen minute rest period. Scheduled breaks will be taken around the needs of the work. Group Home/Residential Workers are not permitted to leave the premises during their shift.

15.04 The normal hours of work of part-time employees shall be scheduled in accordance with the requirements of the position.

ARTICLE 16 COMPENSATORY/OVERTIME

16.01 Compensatory Time

(a) Any time worked beyond thirty-five (35) hours per week (forty (40) hours per week for Group Home/Residential Workers) require prior Team Leader approval and will be considered compensatory time on an hour for hour basis. Compensatory Time worked beyond forty-four (44) hours per week will be compensated for at one and one-half (1½) hour for each hour worked in excess of forty-four (44) hours.

(b) When a total of twenty-one (21) compensatory hours (Group Home/Residential twenty-four (24) hours) are reached the employee and Team Leader must develop a plan concerning when and how this time is going to be taken. In any event, the plan should attempt to limit the compensatory hours to no more than thirty-five (35) hours. In the event that the Team Leader and employee can not reach an agreed plan the Team Leader will schedule the required time off to be in compliance with the above.

(c) Lieu time in excess of thirty-five (35) hours shall be taken before the end of the calendar year in which the lieu time was accumulated. Lieu time in excess of thirty- five (35) hours not taken as outlined above may be paid out before the end of each

calendar year at the discretion of the Executive Director. Total aggregate payment across the Agency will not exceed twenty thousand dollars ($20,000) per year.

16.02 Approved compensatory time will be paid in cash only in the event of an employee’s termination of employment.

ARTICLE 17 EMERGENCY AFTERHOURS

17.01 Emergency Afterhours shall be hours which are not scheduled as normal working hours of the Employer.

17.02 The Employer shall hire individuals to work emergency after-hours and those individuals shall be restricted solely to working on such an emergency after-hours basis and shall be employed at the sole discretion of the Employer.

17.03 When employees work emergency after-hours hours, they shall be paid as follows: The rate of pay will be:

Active Duty $20.64 per hour Time when the employee is actively involved in child protection services to clients, attending approved training, attending court, attending staff meetings and meeting with Team Leaders.

Effective April 1, 2014 $21.25

Effective April 1, 2015 $21.88

On-Call Duty $10.00 per hour Time when the employee is not performing active duties; but is scheduled to be available for active duty, as required. This time is not insurable hours.

Compensatory One and a half times (1.5 x) the Active Duty Rate per hour Active Duty time worked in excess of forty-four hours (44) per week (the averaging hours agreement is in effect). Only Active Duty hours are considered for compensatory/overtime.

17.04 Scheduling of these shifts is at the discretion of the Employer.

ARTICLE 18 PAID HOLIDAYS

18.01 The Employer shall recognize the following Paid Holidays for its full-time employees:

New Year's Day Civic Holiday

Family Day Labour Day

Good Friday Thanksgiving Day

Easter Monday Christmas Day

Victoria Day Boxing Day

Canada Day

18.02 To be eligible for holiday pay, an employee must work the full scheduled day immediately preceding and the full scheduled day immediately following such holiday, unless absent with permission of the Employer or the employee provides medical proof of illness if requested by the Employer.

18.03 An employee shall not be paid for the holiday if the employee is in receipt of, or eligible for, sick leave benefits, long-term benefits, Workers' Compensation benefits, Employment Insurance benefits, is laid off, or is on a leave of absence.

18.04 When a Paid Holiday falls on a day in which an employee is on rotation duty, he/she shall be entitled to an alternative working day off at the mutual convenience of the employee and the Team Leader.

18.05 When any of the above-noted Holidays fall on a Saturday or Sunday and is not proclaimed as being observed on some other day, then the preceding Friday and/or following Monday and/or Tuesday shall be designated as the Holiday unless an alternate day is agreed to by both parties.

18.06 The Employer will provide the date of observance for each of the paid holidays listed in

18.01 by January 1 of each year.

18.07 In the event that one or more of the paid holidays occur during the employee’s vacation, he/she will receive an extra day’s vacation with pay for each paid holiday.

18.08 Floater Days

All permanent full time employees are entitled to two (2) floater days per year, to be taken any time during the year, with Team Leadery approval. Entitlement is pro rated in the first year of employment, based on start date. Floater days must be used during the year they were earned.

ARTICLE 19 VACATIONS

19.01 New full time employees shall commence to accumulate annual leave credits from the date of their appointment, whether on probation or not, at the rate of one and sixty-sixths one hundreds (1.66) days per month. During the first six (6) months of service, an employee

may request vacation which may be granted, but which shall not exceed their total accumulation credits, e.g., three (3) months equals five (5) days.

19.02 The vacation year shall be from January 1 to December 31.

Each full-time employee shall receive an annual vacation with pay according to the following schedule:

(a) A full time employee who has completed less than one (1) year of service shall be entitled to one and sixty-sixths one hundreds (1.66) days of vacation with pay for each month worked in the calendar year the employee started.

(b) During the fiscal year in which a full time employee completes:

one (1) year of service or more but less than ten (10) years, shall be entitled to twenty (20) days of vacation with pay for each month worked (the equivalent of four

(4) weeks);

ten (10) years of service or more but less than twenty (20) years, the employee shall be entitled to 25 days of vacation with pay (the equivalent of five (5) weeks);

twenty (20) years of service or more but less than thirty (30) years, the employee shall be entitled to 30 days of vacation with pay (the equivalent of six (6) weeks); and,

thirty (30) years of service or more, the employee shall be entitled to 35 days of vacation with pay (the equivalent of (7) weeks).

The service date for purposes of vacation entitlement shall be the full-time employee's date of employment adjusted for the full period for absences in excess of ninety (90) days excluding pregnancy leave or parental leave or WSIB Leave up to twenty-four (24) months, which shall be adjusted for pregnancy leave in excess of seventeen (17) weeks, and any parental leave in excess of thirty-five (35) weeks.

19.03 Employees who have taken vacation and terminate their employment with the Employer before such vacation has been earned will be deducted in their final pay for those vacation days which have been received but not earned. Likewise, if an employee terminated before receiving all vacation days which he/she has earned, an addition will be made to his/her final pay for the vacation days which have been earned but not received.

19.04 Vacation Scheduling

(a) By January 15 of each year, the Employer shall post a vacation schedule, acknowledging the days on which paid holidays will be recognized by the Employer for the period April 1 to March 31 based on the requirements of the operation.

(b) All full time and part time employees shall indicate by March 1 their vacation

preference.

(c) The Manager shall then set the vacation schedule by April 1. Where a conflict in vacation exists between Team members, the more senior employee’s preference shall take priority. No employee shall take more than twenty (20) days vacation at one time except by special permission of the Senior Service Manager or designate.

(d) After April 1, the employee who first requests a vacation shall have preference over other requests.

(e) After April 1, the Manager or the employees shall not alter the vacation schedule unless by mutual consent. Such requests shall not be unreasonably denied provided that availability exists within the vacation schedule.

(f) Should an employee change positions/Teams after his/her vacation time has been approved, there will be no change to their vacation approval as long as it was submitted prior to March 1, unless a conflict arises due to the change of position/Teams. Should a conflict arise on the new position/Team, the more senior employee’s preference shall be respected, as long as it was submitted prior to March 1.

19.05 Where an employee qualifies for sick leave (certified by a doctor's certificate) or bereavement during his/her period of vacation, there shall be no deduction from vacation credits for such absence. By mutual agreement, the period of vacation so displaced shall either be added to the vacation period or be reinstated for use at a later date.

Should an employee be required to return to work during their vacation due to a subpoena or serious matter pertaining to his/her cases, the employee will be compensated by having the equal amount of vacation returned to him/her. Prior to calling an employee back from vacation, the Team Leader will endeavour to remedy the situation without involvement of the vacationing employee.

19.06 Employees shall be entitled to carry over ten (10) days of vacation entitlement to the following vacation year, provided that no employee shall take less than two (2) weeks' vacation in any one (1) vacation year as a result of the foregoing carryover.

19.07 Service Recognition Days

All permanent full time employees earn up to three (3) service recognition days by accumulating years of service as outlined below:

(a) 5 years of service, but less than 15 years - 1 day

(b) 15 years of service, but less than 25 years - 2 days

(c) 25 years of service or more – 3 days

19.08 Service Recognition Days will be taken at a mutually convenient time and must be taken in the year they are earned.

ARTICLE 20 SICK LEAVE

20.01 Payment for absence due to sick leave shall be in accordance with the following: Length of Service Sick Leave Benefit

Less than 3 months 100% of income for five (5) days

3 mo. but less than 1 yr. 100% of income for two (2) weeks 66 2/3% of income for

thirteen (13) weeks

1 yr. but less than 3 yrs. 100% of income for four (4) weeks 66 2/3% of income for

eleven (11) weeks

3 yrs. but less than 5 yrs. 100% of income for six (6) weeks 66 2/3% of income for nine

(9) weeks

5 yrs. but less than 7 yrs. 100% of income for eight (8) weeks 66 2/3% of income for

seven (7) weeks

7 yrs. but less than 9 yrs. 100% of income for ten (10) weeks 66 2/3% of income for

five (5) weeks

9 yrs. but less than 10 yrs. 100% of income for twelve (1)2 weeks 66 2/3% of income for

three (3) weeks

10 yrs. and over 100% of income for fifteen (15) weeks

Sick Leave Plan payments at one hundred percent (100%) are based on a calendar year, not on a per incident of absence.

As part of the Employer’s absence management effort the Employer may require an employee to submit a doctor’s certificate for a period of absence of less than five (5) working days. Should the Employer require an employee to obtain a medical certificate for sickness of less than five (5) days, the Employer shall reimburse the employee for the cost of the medical certificate.

20.02 If an employee is absent due to sickness for five (5) days or more they will provide a certificate from a duly qualified medical practitioner to the Employer. It’s the employee’s responsibility to obtain and complete all necessary documentation and/or testing, in order for their claim to be adjudicated. Any cost associated with the completion of the adjudication form by the employee’s doctor is the responsibility of the employee.

20.03 During the adjudication process, the employer will advance sick benefits based on schedule outlined above for up to three (3) weeks, In the event the claim is denied in whole or in part, the employee will be responsible for reimbursing the employer any unapproved sick leave benefits advanced.

20.04 When an employee is returning to work, the employee may be required to provide a functional ability form if the employee cannot return to full duties/responsibilities.

20.05 The Employer shall reimburse an employee the cost of any independent medical examination that is required beyond the initial adjudication forms. Where possible, the employee may choose from a list of independent medical practitioners provided by the Employer.

20.06 Full sick leave benefits are reinstated after thirty (30) calendar days of continuous active employment for a new disability or illness and after ninety (90) calendar days of continuous active employment for a recurrence of the disability or illness. Once an employee has exhausted their maximum entitlement to one hundred percent (100 %) payment and another claim is established consistent with the above time limits the employee receive benefit payments at the sixty-six and two thirds percentage (66 2/3 %) level for the remainder of the calendar year. Should a new calendar year commence during a period of absence, the employee’s one hundred percent (100%) payment level will be reinstated upon the employee’s return to work.

Should an employee return to work prior to exhausting their fifteen (15) week payment entitlement as outlined in Article 20.01 and commence sick leave prior to the reinstatement of full benefits the employee shall be entitled to any remaining sick leave entitlement. By way of example, Should an employee be off work on an approved sick leave for a continuous period of thirteen (13) weeks, returns to work for a period of three (3) weeks, then goes off work on an approved sick leave, the employee would be entitled to the remaining two (2) weeks of their sick leave entitlement. Any remaining time off would be unpaid.

ARTICLE 21 PAYMENT OF WAGES AND ALLOWANCES

21.01 The Employer shall pay salaries and wages every two (2) weeks in accordance with Schedule "A" attached hereto and forming part of this Agreement. On each pay day each employee shall be provided with an itemized statement of his/her wages, overtime and other supplemental pay and deductions.

21.02 If a new occupational classification is established by the Employer, it shall determine the rate of pay for such new occupational classification and promptly notify the Union of the same. If the Union challenges the rate, it shall have the right to request a meeting with the Employer to endeavour to negotiate a mutually satisfactory rate. Such request will be made with in twenty-one (21) days after receipt of notice from the Employer of such new occupational classification and rate, and the meeting will be held within ten (10) days of receipt by the Employer of the Union’s request. If the parties are unable to agree to the rate of pay for the new occupational classification, the Union may file a Policy Grievance with respect to the dispute.

21.03 An employee that is promoted, reclassified or temporarily transferred to a higher position for a period of at least one (1) month his/her salary shall be placed in the step in the salary grid for the new or reclassified position where the salary rate is both closest to and at least one thousand dollars ($ 1,000) higher than their current rate. The employee shall qualify for any pay increments in his/her regular position while temporarily placed.

21.04 When an employee is temporarily or permanently assigned to a position paying a lower rate, his/her rate will move to the salary rate on the lower salary band which is closest to but not lower than their current salary.

21.05 Progression from one step on the pay grid to the next higher step shall occur after twelve

(12) months of continuous service (inclusive of pregnancy and/or parental leave, WSIB Leave up to twenty-four (24) months, sick leave up to ninety (90) days and leaves of absence of thirty (30) days or less). A break in service shall extend the progression period to the next step by the length of the break. Annual increments are shown in Schedule "A" of the Collective Agreement. Each part-time employee shall move on the grid when they have worked the equivalent number of full-time hours in their current position as set out in Article 11.02.

21.06 Notwithstanding anything to the contrary in this collective agreement the Employer may, at the Employer’s complete discretion, hire a new employee at a starting rate above the starting rate in Schedule “A” based on the new employee’s qualifications, experience and any other factor that the Employer feels it is important to consider.

21.07 Part time and Emergency Afterhours employees will be paid twelve point five per cent (12.5

%) of salary premium in Lieu of Group Benefits, Vacation and Statutory Holidays.

21.08 Mileage will be reimbursed to employees using their own cars for employer business based on forty-six cents/kilometre ($.46) as of the date of ratification (forty-seven cents ($.47) effective April 1, 2014; forty-eight cents ($.48) effective April 1, 2015). All mileage reimbursement is subject to the approval of the Employer.

ARTICLE 22 BENEFITS

22.01 All benefits are subject to the terms and limitations of the master contract with the carrier or carriers. The Employer agrees to provide the Union with a copy of each said contract upon request.

22.02 The Employer agrees to make available to permanent full time employees, who have completed three (3) months of employment, the following benefits:

(a) Vision Care - Employer pays one hundred percent (100%) (includes eyeglass coverage or laser surgery in the amount of three hundred dollars [$300.00] maximum over a two (2) year period).

(b) Paramedical – 80% coverage. Maximum $500 per practitioner (chiropractor, physiotherapist, podiatrist, naturopath, osteopath, psychologist/social worker, speech therapist, massage therapist) per annum.

(c) L.T.D. – 60% of monthly earnings to a maximum benefits of $6000 or 85% of your pre disability take home pay, whichever is less. Employees pay 100% of the premium.

(d) Group Life Insurance - two times (2X) annual salary for employees with less than 10 years of service; three times (3x) annual salary for employees with 10 years or more of service (maximum of $500,000) - Employer pays one hundred percent (100%) of the premium.

(e) Dental Plan – Annual combined coverage maximum of $2,300 for basic and major dental, paid at 80% of the current ODA Fee Schedule for basic and 60% of the current ODA Fee Schedule for major.

(f) Prescription Drugs – 80% coverage, $7 dispensing fee cap.

(g) Hospital Coverage – 100% coverage, semi private hospital room.

(h) HCSA – Single $260; Family $600.

(i) Health Spending Account

As per the Provincial Discussion Table Consensus Agreement between CUPE, OPSUE, CEP, Simcoe ea. and the Children’s Aid Societies of Ontario Employers Group, signed on June 4, 2011 a Health Spending Account will be established for all active full time and part time employees:

The parties are committed to creating a workplace that supports wellness of all individuals working within the child welfare sector and agree that nurturing and caring for ourselves and one another are fundamental to the creation of an environment that enables quality services to children, youth and families.

Therefore, a Health Care Spending Account will be provided subject to the following conditions:

April 1, 2012* $1,000 (*or date of ratification, whatever is later) April 1, 2013 $1,000

April 1, 2014 $ 1.000

April 1, 2015 $ 1,000 (and each year thereafter)

This plan will be administer on the same terms and conditions as the current HCSA.

The account would pay for CRA eligible expenses above benefit plan entitlements and may not be used to substitute for existing plan coverage.

i. Have one year roll over consistent with CRA rules may be accumulated in a health spending account

ii. Facilitate employees to self-direct their wellness options and would be non-taxable as per CRA rules.

iii. Be administered by the respective Employers benefits providers in accordance with the terms and conditions of their plans

iv. Be subject to CRA rules and requirements including its definitions regarding eligible expenses, attached hereto as Appendix A

22.03 Coverage for O.M.E.R.S., C.P.P., and E.I. shall be paid for in accordance with the appropriate laws.

22.04 The Employer may substitute another carrier for any of the benefits provided that the level of benefits conferred thereby is substantially the same.

22.05 An employee on any unpaid Leave of Absence may continue their Dental and Extended Health Benefits provided they pay the full cost of such benefits and meet the requirements of the Benefits provider.

ARTICLE 23 PENSIONS AND RETIREMENT

23.01 The Employer agrees to continue in effect during the existence of this Collective Agreement the Ontario Municipal Employee Retirement System (OMERS) under the terms and conditions of OMERS provided the Employer remains eligible to provide this plan.

All eligible employees are required to participate from the time of employment in OMERS.

23.02 Retirement Age and Benefits

Retirement age and benefits are governed under the Ontario Municipal Employees Retirement System. Specific information is available to each employee through the

Employer.

ARTICLE 24 GENERAL

24.01 When an employee is required or authorized to attend a convention, conference or meeting at the expense of the Employer, the Employer reserves the right to specify the means and route of travel. Employees are expected to carpool when practical. The Employer agrees to reimburse the employee for any pre-approved expenses incurred as a direct result thereof provided that the Employer reserves the right to limit the amount of such reimbursement. The Employer will reimburse up to eight dollars ($8.00) for a breakfast, up to twelve dollars ($12.00) for a lunch and up to twenty-five dollars ($25.00) for a dinner provided receipts are presented. Employees will not be reimbursed for any alcohol or related expenses. Accounts of such expenditures shall be submitted within one (1) month of occurrence. Where an employee accompanies a child in care and has no option but to eat with the child or is requested to work in the evening due to an unplanned emergency in excess of two (2) hours or when required to facilitate the repatriation of a child/children he/she will be entitled to the appropriate meal allowance.

24.02 When employment is terminated by the employee, he/she shall give at least one (1) month's notice in writing. Where it is necessary for an employee to terminate employment due to illness, accident or death in the family, then he/she shall give notice as soon as is possible to the Employer and the ordinary time limits for notice of termination may be waived.

24.03 The Employer shall provide protection to employees for all reasonable costs and expenses incurred directly in the defence of charges of a criminal nature (excepting the Highway Traffic Act) arising directly out of or during the performance of authorized Employer duties provided that:

(a) The employee is acquitted of the charges;

(b) The incident leading to charges occurred during the course of the employee’s job duties;

(c) The limit of the legal expense liability is one hundred thousand dollars ($100,000) per person;

(d) The employee has carried out the Employer’s mandate to provide child welfare and/or service in good faith and in a professional manner; and following relevant statutes, standards and/or the direction of the Employer; and

(e) The employee has not committed a serious breach or dereliction of said duties and/or responsibilities.

24.04 Damage incurred to an employee’s automobile by a client during the course of the employee’s work will be reimbursed for the employee’s insurance deductible or out of pocket expense with proof of receipt up to a maximum amount of three hundred dollars ($300).

24.05 Malpractice Insurance

The Employer will provide Malpractice Insurance for claims arising directly out of or during the performance of authorized Employer duties. It is hereby understood and agreed that coverage is subject to the terms and conditions of the Master Insurance contract a copy of which will be provided to the Union upon request.

24.06 It is agreed the Employer will prepare the Collective Agreement for signing within sixty

(60) days of ratification and the Union shall arrange to print sufficient copies within thirty

(30) calendar days from the date the Collective Agreement is signed by both parties. The Union and the employer shall share the cost of printing equally.

24.07 Where an employee is required to use their personal cell phone for business purposes, The Employer shall reimburse the employee with a monthly flat rate of thirty dollars ($30) per month.

24.08 CYW Support Program On-Call (Voluntary Assignment)

(a) Two hundred dollar ($200) flat rate per on-call shift

(b) Reimbursement for related expenses (i.e. mileage, meals, parking)

ARTICLE 25 LABOUR-MANAGEMENT COMMITTEE

25.01 The Union and the Employer agree that the consultation and communication on matters of joint interest are desirable to promote constructive and harmonious relations. Therefore, the parties agree that a Labour-Management Committee composed of up to three (3) representatives from the Union and three (3) representatives from the Employer shall be established as a Labour-Management Committee. The Committee shall meet once every two (2) months at a mutually agreed time or more frequently with the consent of both parties. The Labour-Management Committee shall consider and attempt to resolve all problems of mutual concern with the object of promoting positive relations between the Employer and its employees. It is understood that this Committee shall not have the power to alter, amend, add or modify the terms of the Collective Agreement. Employees shall suffer no loss of wages when meeting with the Employer during normal working hours.

ARTICLE 26 HEALTH AND SAFETY COMMITTEE

26.01 The Employer and the Union agree that they mutually desire to maintain standards of safety and health consistent with the Occupational Safety and Health Act in the Peel CAS in order to prevent accidents, injury and illness of the employees.

26.02 The Employer and the Union agrees to establish a Health and Safety Committee composed of six (6) bargaining unit employees appointed by the Union and an equal number of Employer representatives.

26.03 The Committee shall identify potential dangers and hazards and recommend means of improving health and safety programs where feasible to the Executive Director or his/her designate, including actions to be taken to improve conditions related to safety and health.

As part of its mandate the Committee will also:

(a) Monitor incidents of violence directed against employees, develop policies and procedures and training programs to deal with both the prevention and management of violence in the workplace including the ongoing review and maintenance of the employee safety manual;

(b) Ensure the employees have work areas that are set up in an ergonomically correct manner, develop policies and procedures and training related to ergonomics and make recommendations regarding the purchase of equipment; and,

(c) Identify training requirements for the committee, which will enhance the committee’s expertise.

26.04 The Employer agrees to provide necessary information as required under the Occupational Health and Safety Act.

26.05 Time off for such representatives to attend meetings of the Health and Safety Committee and inspections that the Health and Safety Committee determine are necessary in accordance with the foregoing shall be granted. Representatives attending meetings during the regularly scheduled hours of work shall not lose regular earnings as a result of such attendance and shall be granted one (1) hour preparation time or such longer period of time as the committee determines is necessary to prepare for the committee meeting in advance of regular Health and Safety Meetings.

26.06 The Union agrees to co-operate to obtain the full cooperation of its membership in the operation of all safety and health rules and practices.

26.07 The Committee will meet every two (2) months or as deemed necessary by the Committee at a time and date to be mutually agreed upon.

The Employer agrees to provide such training to the Health and Safety Committee members as is required under the Occupational Heath and Safety Act, as soon as is reasonable.

26.08 An inspection of each work site shall occur as required by the Occupational Health and Safety Act, or as deemed necessary by the Committee.

26.09 The Health and Safety Committee will review its terms of reference on an annual basis.

26.10 The Union has the right to bring in a CUPE National Representation to attend joint Health and Safety Committee meetings as a guest, provided reasonable advance notice is provided to the Employer.

ARTICLE 27 WORKPLACE SAFETY AND INSURANCE BOARD

27.01 The Employer agrees to arrange for coverage of all employees under the Workplace Safety and Insurance Act (WSIA). All injuries or accidents must be reported to the Employer according to Workplace Safety and Insurance Board Regulations.

27.02 An employee may access uninsured sick leave credits, subject to the terms and conditions of the applicable Employer policies and/or collective agreement, until such time as the employee’s claim for benefits is approved by the WSIB. It is agreed that any sick pay provided to the employee is considered to be an advance on his/her WSIA benefits and, if the employee is awarded WSIA benefits, that advance will be considered an overpayment owing by the employee to the Employer. The employee and the Union will take all required steps to advise the WSIB of the advance paid by the Employer and to ensure that the WSIB reimburses the Employer for the overpayment made.

27.03 Continuation of Rights and Benefits

An employee receiving payment for a compensable injury under WSIB shall accumulate seniority.

While an employee is receiving WSIB payments the Employer shall continue to pay its share of all premiums for a maximum of twenty-four (24) months for Dental, Extended Health Care, LTD and Group Life benefits, providing the employee pays his/her share of the premium contribution if any,. The employee must continue to pay their portion of the LTD premium during their absence.

An employee who has filed a WSIB claim will be paid the approximate equivalent of the WSIB payment through payroll, pending the approval of the claim by WSIB. These payments and any necessary adjustments will continue for the duration of the claim.

Should an employee in receipt of this payment from the Employer subsequently be denied coverage from WSIB the employee shall be entitled to make any claim under the sick leave plan she would have otherwise been able to make , from the date of illness/injury.

SCHEDULE "A" WAGES

Effective April 1, 2012 to March 31, 2014

Grade	Positions	Step A	Step B	Step C	Step D	Step E	Step F
9	Child Protection Worker Youth Court Worker Infant Care Consultant Xxxxxx Parent Trainer	58,026	61,357	64,709	68,063	71,415	74,747
10	Access Facilitator – Pathways Family Activities Facilitator – Pathways Child & Youth Support Worker Emergency Receiving Worker	53,500	56,380	59,239	62,098	64,958	67,836
11	SOLTP Resource Worker Xxxxxx Parent Recruiter	49,385	51,690	53,973	56,277	58,561	60,863
12	Family Activities Facilitator – CYW Special Program CYW Access Support Facilitator – Pathways Pgm. Volunteer Drive Coordinator	45,314	47,453	49,613	51,751	53,890	56,051
13		41,878	43,894	45,931	47,946	49,983	52,019
00	Xxxxxxxxx Xxxxx Dispatcher	38,402	40,006	41,652	43,297	44,943	46,589
15		35,523	36,962	38,402	39,842	41,282	42,702
12*40	Residential Program CYW Property Maintenance Worker	51,787	54,255	56,700	59,144	61,590	64,058
13*40		47,862	50,165	52,492	54,795	57,123	59,451

Effective April 1, 2014

Grade	Positions	Step A	Step B	Step C	Step D	Step E	Step F
9	Child Protection Worker Youth Court Worker Infant Care Consultant Xxxxxx Parent Trainer	59,738	63,167	66,618	70,071	73,522	76,952
10	Access Facilitator – Pathways Family Activities Facilitator – Pathways Child & Youth Support Worker Emergency Receiving Worker ( effective date of ratification move to step D – Anniversary increases commence 2013)	55,078	58,043	60,987	63,930	66,874	69,837
11	SOLTP Resource Worker Xxxxxx Parent Recruiter	50,842	53,215	55,565	57,937	60,289	62,658
12	Family Activities Facilitator – CYW Special Program CYW Access Support Facilitator – Pathways Pgm. Volunteer Drive Coordinator	46,651	48,853	51,077	53,278	55,480	57,705
13		43,113	45,189	47,286	49,360	51,457	53,554
00	Xxxxxxxxx Xxxxx Dispatcher	39,535	41,186	42,881	44,574	46,269	47,963
15		36,571	38,052	39,535	41,017	42,500	43,962
12*40	Residential Program CYW Property Maintenance Worker	53,315	55,856	58,373	60,889	63,407	65,948
13*40		49,274	51,645	54,041	56,411	58,808	61,205

Effective April 1, 2015

Grade	Positions	Step A	Step B	Step C	Step D	Step E	Step F
9	Child Protection Worker Youth Court Worker Infant Care Consultant Xxxxxx Parent Trainer	61,500	65,030	68,583	72,138	75,691	79,222
10	Access Facilitator – Pathways Family Activities Facilitator – Pathways Child & Youth Support Worker Emergency Receiving Worker	56,703	59,755	62,786	65,816	68,847	71,897
11	SOLTP Resource Worker Xxxxxx Parent Recruiter	52,342	54,785	57,204	59,646	62,067	64,507
12	Family Activities Facilitator – CYW Special Program CYW Access Support Facilitator – Pathways Pgm. Volunteer Drive Coordinator	48,027	50,294	52,583	54,849	57,116	59,407
13		44,385	46,522	48,681	50,817	52,975	55,133
00	Xxxxxxxxx Xxxxx Dispatcher	40,701	42,401	44,146	45,889	47,634	49,378
15		37,650	39,175	40,701	42,227	43,754	45,259
12*40	Residential Program CYW Property Maintenance Worker	54,888	57,503	60,095	62,685	65,277	67,893
13*40		50,728	53,168	55,635	58,076	60,543	63,010

Peel CAS and CUPE Local 4914 Page 40

Letter of Understanding #1 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local 4914

Letter #1 Re: Application Bumping Rights Article 12.03

The parties agree that due to the nature and importance of the work performed within PCAS that for the purposes of bumping as set out in Article 12.03, employees wishing to bump must meet the educational and experience criteria as set out by the Employer. Qualifications include related degree or diploma from a recognized post-secondary educational institution and related experience within the specific job classification. At the discretion of the Employer, employees without a related degree or diploma from a recognized post-secondary institution with previous related experience will be given consideration.

The Parties also agree that due to the nature of their employment relationship with the Employer, Emergency After Hours Workers will not be permitted to bump employees in non-Emergency After Hours positions.

Letter of Understanding # 2 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local 4914 Letter #2 Re: Non Standard Work Week

The parties agree that for employees regularly scheduled to work a forty (40) hour work week the following terms and conditions will apply:

1. Hours of Work - Employees will work an average of forty (40) hours over a seven (7) week period. No regularly scheduled shift will exceed twelve (12) hours in a day. The work week will commence at 7:00 am Monday and include weekends.

2. Payment of Wages – Employees will be paid on the basis of a forty (40) hour work week regardless of the regularly scheduled hours during the pay period.

3. Vacations – For the purpose of vacation entitlement a week is considered forty (40) hours. For each day of vacation outlined in Article 19 the employee will receive eight (8) hours of vacation with pay. By way of example, an employee entitled to twenty (20) days of vacation will be entitled to 20 days x 8 hours = 160 hours of vacation with pay. By further way of example, should an employee take a week of vacation where they were scheduled to work thirty-two (32) hours they will use thirty two hours of vacation entitlement. If the employee is scheduled to work forty–eight (48) hours in the week they will use forty-eight (48) hours of vacation entitlement.

4. Family Leave and Adoption Leave – Any employer top up to wages that an employee is entitled to will be paid based on a forty (40) hour week.

5. Paid Holidays/Floaters – Should an employee be scheduled and work on a day designated as a paid holiday they will be paid for the hours scheduled and worked at regular time and receive compensatory time at one and one half (1.5) times the time worked. Should an employee not be scheduled to work on a day designated as a paid holiday they will receive eight (8) hours of compensatory time. Employees will have sixteen (16) hours of floater time per year.

6. Bereavement Leave – For each day of Bereavement Leave outlined in Article 14.04 an employee is eligible for he/she will receive eight (8) hours of Bereavement Leave. By way for example, an employee entitled to five (5) days will receive five (5) days x eight (8) hours

= forty (40) hours of Bereavement Leave.

7. Personal and Emergency Leave – Eligible employees will receive eight (8) hours of leave for each day of leave they are eligible for. In other words, an eligible employee has five (5) days

x eight (8) hours = forty (40) hours of paid personal and emergency leave.

8. Service Recognition Days – Eligible employees will receive eight (8) hours of service recognition for each day referred to in Article 19.07.

9. Sick Leave – With respect to Article 20 all references to days in Article 20 will be interpreted as eight (8) hours. All references to weeks will be interpreted as forty (40) hours. Weekly payments will be based on forty (40) hours. Adjudication will be after twenty-four (24) hours of absence. By way of example, an employee with less than three (3) months service is entitled to forty (40) hours of sick pay. By further way of example should an employee be absent for a scheduled ten (10) hour shift the employee will utilize ten (10) hours of sick time.

Letter of Understanding # 3 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local 4914 Letter # 3 Re: Workload

PART I - Responsibilities

1. The Employer and the Union are committed to maintaining a workplace that demonstrates a sincere and continuing interest in the individual and collective well-being of all staff and recognizes the inherent worth of every employee within the fiscal realities faced by the Employer. The Employer recognizes that the issue of workload is of concern to their employees. As well, both parties recognize the Employer’s responsibility to provide services in accordance with the Child and Family Services Act and Ministry Standards. It is also the responsibility of the Employer to manage the resources allocated to it by the Ministry of Children of Youth Services and to establish and maintain an effective infrastructure to facilitate the employee’s achievement of said standards.

2. The Employer and the Union acknowledge that workload can fluctuate and should be reviewed on an ongoing basis with the goal of equitable distribution of workload. The Employer undertakes to utilize a variety of methods in an ongoing effort to effectively manage workload demands. The methods may include, but are not limited to the following:

a. Conduct Employer-wide reviews on a periodic basis, sharing the results with the Union and staff;

b. Ensure regular ongoing supervision;

c. Endeavour to afford employees, leaving the Employer or transferring positions, reasonable opportunity to complete documentation requirements prior to their last day of work;

d. Prior to retirement and/or planned leave, the Team Leader shall meet with the employee to establish a plan for the employee to complete and/or transfer files;

e. Assigning cases based on equitable distribution of the workload, the needs of the Employer, individual skill level and experience, current workload and anticipated workload fluctuations. This may involve any or all of the following factors:

i. Number of cases before the court

ii. Number of designated high risk cases

iii. Number of supervised access visits

iv. Leaves of absence, vacation and illness

v. Department/Team Coverage

vi. The needs and resources of the Employer

vii. Committee work expectations including work pursuant to the Collective Agreement

viii. Number of high profile/complex files

ix. Training

3. The Employer will make reasonable efforts to keep the case loads within the target ranges listed below taking into consideration the above criteria.

Advise & Assessment	9-14 new investigations per month; with no more than 17 new cases assigned per month.
Parent & Child Capacity Building Team	17-21 cases per month
Infant Care Consultant	17-22 cases
Kinship Service	18-22 cases
Permanency
Family and Child In Care Worker	18-22 cases
Child In Care Placement Worker	25-32 cases
CYW Support Worker	12-14 cases
Kin Care Worker	25-32 cases
Independence Worker	13-17 cases

The Employer and the Union recognize that from time to time bargaining unit employees will be requested and expected to provide coverage for the work of other bargaining unit employees. In circumstances, where temporary coverage of work is required up to six (6) weeks it will not be designated as a permanent case/work assignment and will not be included in the ranges specified above. Coverage of work, along with the other considerations listed in section 2 (e) will be considered as a factor in the assignment of additional cases / work assignments.

The number does not include cases slated for closure or transfer beyond 30 days after having been identified as such by the Team Leader.

It is further understood and agreed that employees cannot refuse to accept a case or assignment based on workload unless it is a refusal under the Health and Safety Act.

PART II – Assessment of Employee Workload

In the event an employee’s case load exceeds the upper limit of the case load range (as specified above), or where an employee identifies that his or her workload is becoming unmanageable a workload assessment will be initiated by either the Team Leader or the employee at the employee’s regularly scheduled supervision. The parties will document that a workload assessment has occurred.

A Work Load Assessment will include:

1. Identifying and initiating the necessary steps to minimize the likelihood that the individual worker’s caseload numbers will exceed the caseload ranges specified above.

2. Identifying and initiating the necessary steps to minimize the likelihood that the individual worker’s workload will become unreasonable.

3. Identify a step-by-step plan to complete the assessment process and the outcome to resolve the workload issue which may include, but is not limited to:

a. Redirecting cases

b. Protecting recording time

c. Additional training to support skill development

d. Development of a workload management plan

e. Addressing factors found in Part 1 (2e)

f. Other remedies, as appropriate

If during the workload assessment, issues with respect to the management of the employee’s caseload are raised and can not be resolved to the employee’s and/or Team Leader’s satisfaction, the Team Leader will involve the applicable Senior Service Manager to explore alternatives toward the resolution of the identified issues, The Senior Service Manager will provide a written response to the employee within ten (10) working days of the meeting.

Failing resolution of the issues identified under Part I, the Union shall have the right to refer the matter to the Labour Management Committee.

Note:

The contents of this letter shall not be a difference between the parties and shall not be the subject of a grievance or arbitration except where specific undertakings are provided to an individual employee and the Employer fails to implement the specific terms of that undertaking the employee may grieve the non-compliance.

Letter of Understanding # 4 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local 4914 Letter # 4 Re: Diversity Committee

The Employer and the Union recognize that there are barriers to full participation in employment for certain groups within Peel Region.

The Employer agrees to include two (2) representatives designated by the Union on the current Diversity Committee.

Letter of Understanding # 5 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local 4914 LETTER # 5 Re: RELIEF WORKERS

Relief Workers

1. A Relief Worker category applies only to non-regularly scheduled Residential Workers.

2. Relief employees shall be placed on a separate Relief Staff seniority list based on his/her date of hire.

3. Each Relief employee will be assigned a Base Residence for which they will be available to provide coverage.

4. Relief Workers shall provide their availability to work with the Employer and update his/her availability should it change.

5. A Relief Worker has the right to accept or decline the offer of work each time he/she is called except that refusal to accept three (3) consecutive offers of work, within his/her stated availability shall result in such employee’s name being removed from the relief list for the department and the employee will be deemed to have resigned.

6. Relief Workers will not be deemed to have refused a shift if they were offered a shift with less than forty-eight (48) hours’ notice between the time of the offer and the commencement of the shift. This will be considered an “emergency shift”, and where a Relief Worker declines an emergency shift, the implementation of Paragraph 5 of the Letter of Understanding will not be applied and the Relief Worker will not be treated as having declined a shift.

7. Instead, when an emergency shift needs to be filled by a Relief Worker, the Relief Worker will be entitled to accept or decline the offer of work, and the Relief Worker will only be considered to have declined an offer of work where he or she fails to show up for a shift previously accepted (without providing a medical note acceptable to Peel Children’s Aid Society), or where he or she declines a shift despite previously indicating his or her availability for the shift and after having been provided with more than forty-eight (48) hours’ notice of the commencement of the shift.

8. It is further agreed that where an emergency shift needs to be filled, the On-Call Team Leader can delegate to a program staff (Shift Coordinator) at the residence to telephone

Relief Workers on behalf of Peel Children’s Aid Society in order to offer Relief Workers the opportunity to work the emergency shifts are filled.

9. Notwithstanding this letter or the Collective Agreement, the Employer may utilize personnel of its choosing when any one of the following circumstances arises:

a) When there are no Relief Workers available to work a particular shift; and,

b) When, in the opinion of the Employer, specialized skills are required.

10. Relief Workers shall be entitled to all rights and privileges of this agreement with the exception of the following articles: Seniority, Promotion and Staff Changes, Layoff and Recall, Paid Holidays, Vacation, Medical Leave, Leave of Absence, Benefit Plan, Pension and Retirement (as per OMERS rules) and wage progression.

11. Relief Workers are entitled to receive pay for the statutory holidays listed in Article 18 providing they are eligible or qualified for such pay as set out in the Employment Standards Act.

12. Relief Workers shall receive vacation pay in accordance with the Employment Standards Act.

13. A Relief Worker shall be on probation for the first one thousand forty hours (1040) hours of his/her active work.

14. Where a Relief Worker receives an appointment to a regular full-time or part-time position the employee will be on probation in the new position for a period of six (6) months of active work for full-time employees or one thousand forty (1040) hours of active work for part-time employees from the effective date of appointment.

15. Relief Employees will be paid at the rate of $18.94 per hour. Effective April 1, 2014 $19.50

Effective April 1, 2015 $20.08

Letter of Understanding # 6 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local Letter # 6 Re: Mr. Xxxxx Xxxxx

1 Notwithstanding the interim bargaining unit description agreed to by the parties on February 23, 2009 it is agreed that Mr. Xxxxx Xxxxx shall be included in the bargaining unit as represented by CUPE and its Local 4914 and will be covered by any and all collective agreements negotiated by the parties until he ceases to be an employee of Peel CAS.

2 This Agreement is enforceable pursuant to Section 96 (7) of the Act.

Letter of Understanding # 7 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local

LETTER # 7 Re: VIOLANCE IN THE WORKPLACE

Recognizing the inherent dignity and worth of each individual, the Employer and the Union agree to support initiatives that promote an environment free from threats or acts of harm, and to support and promote an environment that is free of disruptive workplace conflict and disrespectful behavior. The parties will not knowingly condone any inappropriate conduct or behavior.

The Employer and its employees together with the Joint Health and Safety Committee shall work cooperatively to:

a. Initiate approved measures designed to reduce or eliminate aggression and/or violence in the work place;

b. Ensure staff are knowledgeable and comply with mandatory training, such as staff safety training;

c. Ensure staff adhere to mandatory safety protocols, procedures, and reporting requirements as outlined in the staff safety manual.

The Joint Health and Safety Committee will also review and make recommendations for staff training and/or education on subject matters such as, but not limited to:

a. Causes of violence

b. Factors that precipitate violence

c. Recognizing warning signs of violence

d. Prevention of the escalation of violence

e. Controlling and diffusing aggressive situations

f. Staff safety awareness and safety risk assessment tools, procedures, etc.

Letter of Understanding # 8 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local

LETTER # 8 RE: PROVINCIAL DISCUSSION TABLE & SUB COMMITTEES

In support of the Provincial Discussion Table Consensus Agreement between CUPE, OPSUE, CEP, Simcoe ea. and the Children’s Aid Societies of Ontario Employers Group, signed on June 4, 2011, the parties to this agreement shall support the establishment of the following provincial groups:

• Provincial Discussion Table (PDT)

• PDT Sub-Committee – Workers Safety Group

• PDT Sub-Committee – Workload Measurement Group

This letter of understanding does not form part of the collective agreement and shall not be the subject matter of a local collective agreement grievance or arbitration. This letter of understanding shall remain in full force and effect for the life of this agreement and shall not automatically renew at the expiry of the collective agreement of the parties.

Letter of Understanding # 9 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local LETTER # 9 Re: BENEFITS SAVINGS

As per the Provincial Discussion Table Consensus Agreement between CUPE, OPSUE, CEP, Simcoe ea. and the Children’s Aid Societies of Ontario Employers Group, signed on June 4, 2011, if, during the life of this agreement, employers examine options for cost saving through the provision of common benefits providers and drug costs, it is understood that no benefit coverage shall be reduced as a result of moving to a common benefits provider.

Letter of Understanding # 10 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local

LETTER #10 Re: SUPERIOR BENEFITS re: PROVINCIAL DISUSSION TABLE (PDT) PROCESS

The parties agree that the process of the Provincial Discussion Table (PDT) is about strengthening, building and creating capacity in the sector. The Consensus Agreement signed on June 4th, 2011 states that there shall be no loss of current entitlements as a result of accepting the terms of the PDT agreement and where there are current employee entitlements which are superior to those outlined in the PDT agreement, those superior provisions shall prevail and continue into the renewed collective agreement, unless mutually agreed locally by the parties. The parties to this collective agreement agree that the aforementioned superior provisions obligation has been fulfilled by the terms of this April1, 2012 – March 31, 2016 collective agreement.

This letter of understanding does not form part of the collective agreement and shall not be the subject matter of a local collective agreement grievance or arbitration. This letter of understanding shall remain in full force and effect for the life of this agreement and shall not automatically renew at the expiry of the April 1, 2012 – March 31, 2016 collective agreement except by express agreement of the parties.

Letter of Understanding # 11 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local

LETTER #11 Re: PROCESS OF PDT REFERAL TO LOCAL TABLES AND DISPUTE

a) The Employers Group shall forward a copy of this agreement to the Executive Directors of all represented Employers and shall unanimously recommend that it be accepted by each Employer. Each Union shall forward a copy to their local Presidents and shall unanimously recommend that it be accepted by each local union. The parties shall agree on a joint release date,

b) Each Employer and Local that opts into the agreement will unanimously recommend ratification of the terms by their local principals.

c) Where there is a dispute between local parties regarding the incorporation of any term(s) of this Consensus Agreement into a local collective agreement, the Employers group and the Union group parties to this Consensus Agreement may each select one representative from their respective group to assist the local parties in resolving such dispute.

d) Where there is a dispute regarding language issues that are included in a collective agreement by virtue of the PDT agreement the provisions of the local collective agreement shall be used to resolve such dispute.

e) Where there is a dispute between the Employers group and Union group parties to this Consensus Agreement regarding the interpretation, application or alleged violation of its terms, and that a dispute does not arise under the local collective agreement such that Part 16(d) applies to it, the dispute shall be referred to final and binding arbitration as follows:

i. A labour arbitrator will be selected by mutual agreement of the parties within 30 days of the dispute arising. If agreement cannot be reach then, within that 30 day period, either party may apply to the Ministry of Labour for the appointment of an arbitrator. This time limit may be extended by mutual agreement.

ii. Where the parties agree, the arbitrator may act as a “mediator-arbitrator”.

iii. The arbitrator will have the same powers and authority as set out in section 40 of the Ontario Labour Relations Act. The arbitrator will not have the authority to, modify or delete any part of this Consensus Agreement.

f) If the parties are unable to agree on an arbitrator as per e) i above, the parties agree to appoint as arbitrator the person named by the Minister of Labour or their designate.

APPENDIX “A” HUMAN RESOURCE ADJUSTMENT PLAN (HRAP)

The framework Human Resources Adjustment Plan (HRAP) Appendix “A”, and which forms a part of this agreement, shall guide parties engaged in the integrations described therein if they agree to negotiate local HRAPs and ratify them during the term of this agreement.

HRAPs are intended to minimize adverse impacts during those integrations.

PREAMBLE

The Ministry of Children and Youth Services has made application for a regulation under the Public Sector Labour Relations Transition Act (PSLRTA) to ensure that mergers mandated by the Ministry are covered under PSLRTA. The parties herein agree to use their best efforts to effect a smooth transition in the best interests of clients and staff in the event of mergers during the life of this consensus agreement.

ARTICLE 1 – SCOPE AND PURPOSE

1.01 This document is intended to set out general guidelines and principles regarding child welfare sector integrations during the term of this agreement which are mandated by the Ministry and for which local Human Resources Adjustment Plans (HRAP) are required to be negotiated. Subject to the following terms, these principles will serve as the framework for the treatment of bargaining unit employees and will apply to subsequent negotiations with unions, as may be required, as part of an integration arising within the context of the Ontario Labour Relations Act (OLRA) or PSLRTA, whichever is applicable.

1.02 Employees who may be impacted by an integration are valued and are to be treated fairly and respectfully. The parties agree that they will make reasonable efforts to reduce any negative affect on employees as a result of an integration in accordance with the following.

ARTICLE 2 – GENERAL

2.01 Except as provided under applicable legislation, to the extent that a local HRAP conflicts with the terms of any subsisting collective agreements, the terms of the HRAP, where superior, shall prevail over the terms of the collective agreement. A local HRAP shall be negotiated where an integration takes place. When the employers and local unions affected by an integration agree to negotiate an HRAP, the provisions outlined herein shall be the minimum applicable to the integration and shall form the basis for the HRAP.

2.02 The principles set out in this document do not and are not intended to replace or override any legislative rights and obligations including, but not limited to, those set out under the OLRA, PSLRTA, the Employment Standards Act, and collective

agreement rights and provisions, as may apply.

2.03 When the local parties decide to negotiate a local HRAP, the Ministry shall assume the costs associated with the negotiation and implementation of said HRAP in its funding allocation to the Predecessor and Successor Employers including, but not limited to, costs in excess of current legislative or contractual obligations associated with Labour Adjustment Options, the Dispute Resolution Process, Salaries, Benefits and Pay Equity Adjustments.

ARTICLE 3 – DEFINITIONS

3.01 “Predecessor Employer” is defined as an agency designated as a Children’s Aid Society by the MCYS that is merged, amalgamated, transferred or discontinued in the course of an integration such that PSLRTA or the OLRA, if applicable to Children’s Aid Societies, would apply to it.

3.02 “Successor Employer” is defined as the merged or amalgamated Children’s Aid Society designated by the MCYS that results from integration and employs employees of a Predecessor Employer such that PSLRTA or the OLRA, if applicable to Children’s Aid Societies, would apply to it.

3.03 “Integration” is defined as the creation of a new agency designated as a Children’s Aid Society from a process which would give rise to the application of PSLRTA or the OLRA, if applicable to Children’s Aid Societies, including but not limited to the merger, amalgamation or transfer of existing child welfare employers.

3.04 “Local parties” is defined as the local trade union(s) and employers directly impacted by an integration.

ARTICLE 4 – SENIORITY

4.01 Seniority will be recognized as set out under PSLRTA. Seniority will be recognized for all purposes provided for in the respective collective agreements and the following principles will apply:

(a) Dovetailing of seniority shall prevail and all affected employees will transfer all service and seniority to the Successor Employer.

(b) Employees who are working simultaneously at two employers prior to the integration shall transfer the seniority and service held at the employer from whom they are transferred. In the event that an employee is working simultaneously at two employers who both integrate with the same Successor Employer (and the employee is employed in both of the transferred programs), the employee shall receive the greater amount of seniority and service held at either Predecessor Employer.

(c) Employees transferred to a Successor Employer due to an integration will not be required to complete a new probationary period, however they will be required to complete any probationary period they are serving as of the effective date of integration (or changeover date).

ARTICLE 5 – ACCESS TO WORK

5.01 Subject to Article 2, the process for identifying access to work when there is an integration shall be as follows:

(a) The Successor Employer shall determine the number of staff required and will identify the classifications, skills, abilities and qualifications required.

(b) The projected staffing needs of the Successor Employer, will be made known to all of the affected unions.

(c) Both the Predecessor and Successor Employers will provide to the affected Unions the seniority and service lists including job classifications and job descriptions related to the integration. These lists will be updated to reflect staffing changes as necessary and will be provided to the affected Unions.

(d) Where there is more than one Predecessor Employer with a collective agreement which provides that seniority plays a role in determining which employees will be transferred to a Successor Employer, and those collective agreements contain different definitions of seniority, the local parties will agree on a common definition of seniority for that purpose. Employees at the predecessor employer(s) affected by the transfer of services or programs will be given the opportunity to move with their work, subject to staffing requirements set out in paragraph a), supra.

(e) Should the Successor Employer and the affected Unions be unable to agree on the composition of the seniority lists either party may refer the matter to the Ontario Labour Relations Board as provided under PSLRTA, if applicable or, alternatively, the parties may agree to have the dispute resolved under the Disputes Resolution Process herein.

(f) For purposes of clarity, employees who were on layoff or approved leave of absence at the Predecessor Employer prior to, but not due to, the integration and who may be transferred to the Successor Employer will be included for purposes of placement on the aforementioned integrated seniority lists.

(g) Unless otherwise provided in a collective agreement, the Successor Employer will honour the recall rights of any employee of a Predecessor Employer who is transferred to the Successor.

5.02 Employees on layoff or in receipt of notice of layoff due to the integration from the Predecessor Employer who are not transferred to the Successor Employer may apply for vacancies at the Successor Employer for which they would not otherwise have recall rights for a period of 18 months from layoff date. These applications will be considered after the Successor Employer’s normal job posting procedure is completed and there are no successful applications, but before other external applications are considered.

5.03 In the event of layoffs by a Predecessor Employer resulting from an integration, the layoff, recall and displacement rights and entitlements under the respective collective agreement(s) of the Predecessor Employer will apply, unless the provisions of this agreement are superior.

ARTICLE 6 – BARGAINING UNIT REPRESENTATION

6.01 Upon an integration, Union representation rights with the Successor Employer will be determined in accordance with the processes set out in OLRA or PSLRTA, whichever is applicable.

ARTICLE 7 – LABOUR ADJUSTMENT OPTIONS

7.01 In the event of layoff due to an integration, the employer shall lay off employees in the reverse order of their seniority within their classification, providing that those employees who remain on the job have the qualifications, skills and ability to perform the work.

7.02 An employee who is subject to permanent layoff shall have the following entitlements:

(a) be placed on a recall list for eighteen (18) months from the date the actual layoff begins; or

(b) accept the layoff, waive the right to recall, resign, and receive any termination and severance pay of two (2) weeks salary for each year of continuous service to a maximum of twenty-two (26) weeks’ pay inclusive of obligations under the Employment Standards Act, 2000.

Nothing in this Article is intended to deprive an employee of any other options upon layoff that may be available to that employee under the applicable collective agreement.

ARTICLE 8 – TERMS OF EMPLOYMENT

8.01 Terms and conditions of employment including wages, insured benefits and pension, vacation entitlement, sick leave and long term disability benefits of employees transferred as a result of an integration shall be addressed through the

process set out under PSLRTA or the OLRA, if applicable. The Local HRAP shall address transition issues related to disabled employees (short term or long term) of the Predecessor Employer, including those on WSIA benefits and modified work programs, who may be affected by the integration.

8.02 The Local HRAP shall include an article dealing with the qualifications required by the Successor Employer. Such agreement will address qualifications for existing employees including those deemed qualified. Employees shall be deemed qualified for their current classification, subject to legislative requirements.

ARTICLE 9 – DISPUTE RESOLUTION PROCESS

9.01 Disputes between an employer and a union covered by this framework that are unresolved, and which arise from the interpretation or application of a local HRAP negotiated in response to an integration, will be processed as follows:

(a) An arbitrator will be selected by mutual agreement of the parties within 30 days of the initial event giving rise to the dispute, failing which either party is free to apply to the Ministry of Labour for appointment of an arbitrator.

(b) Nothing prevents the particular parties to a dispute from agreeing to a substitute arbitrator for determination of that dispute only.

(c) Where the parties agree, the arbitrator may act as a “mediator-arbitrator”.

(d) An arbitrator will have the same powers and authority as set out in section 48 of the OLRA. The arbitrator will not have the authority to add to, modify or delete any part of this Agreement, the locally negotiated HRAPs, or the applicable collective agreements.

(e) The fees and expenses of the arbitrator shall be divided equally among the parties to the dispute.

(f) Time limits may be extended in writing by mutual agreement.

ARTICLE 10 – TERM AND APPLICATION

10.01 The Term of this agreement is the same as the term of the CAS PDT Consensus Agreement.

10.02 The terms of this Framework HRAP are subject to approval by the principals of each party in accordance with their normal ratification procedures.

10.03 This Framework HRAP and any local HRAP will only apply to an integration if all of the local parties affected by the integration (i.e. Successor Employer, Predecessor Employer and Locals of the Successor and Predecessor Employer who

have claims to successor rights) and who have ratified the PDT agreement.

Letter of Intent # 1 Between

Peel Children Aid Society And

Canadian Union of Public Employees Local LOI # 1 Re: POLICIES

1. During the term of the Collective Agreement employees may request a Leave of Absence for the purpose of upgrading their education. The terms of the Tuition Assistance Policy in effect at the time of the request will apply.

2. During the term of the Collective Agreement employees may request a Self Funded Leave under the terms of the Self Funded Leave Policy in effect at the time of the request.

3. The application of these policies shall not be the subject of a grievance.