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COLLECTIVE AGREEMENT
BETWEEN
COMMUNICATIONS WORKERS OF
AMERICA AND ITS LOCAL 30248 AND
KINARK CHILD AND FAMILY
SERVICES DURHAM REGION
SOCIAL WORKERS - FAMILY
SERVICES & ADMINISTRATIVE STAFF
EXPIRES: March 31, 2006
TABLE OF
CONTENTS
This Agreement made and entered into this 24th
day of March 2005 by and between Kinark Child and Family Services, through its
authorized representatives (hereinafter referred to as the "Employer")
and the Communications Workers of America and its local 30248, also known as The
Peterborough Typographical Union, by its officer or by a committee duly
authorized to act on its behalf (hereinafter referred to as the
"Union") and shall be for a term commencing April 1, 2004 and ending
on March 31, 2006 and shall continue from year to year thereafter unless either
party gives notice in writing to the other within the period of ninety (90) days
immediately prior to the annual expiration date of that party's intention to
terminate this Agreement or to negotiate revisions thereto.
SECTION 1 ~
PURPOSE [Table
of Contents]
1.01
It is the purpose of both parties to this Agreement:
(a) to improve relations between the employer
and the Union and provide settled and just conditions of employment;
(b) to recognize the mutual value of joint
discussions and negotiation in all matters pertaining to working conditions,
employment, service, etc.;
(c) to encourage efficiency in operations;
(d) to promote the morale, well-being and
security of all employees in the bargaining unit of the Union.
1.02
It is now desirable that methods of bargaining and all matters pertaining to the
working conditions of the employees be drawn up in a Collective Agreement.
SECTION
2 ~ MANAGEMENT RIGHTS [Table
of Contents]
2.01
The union recognizes and acknowledges that the management of the employer's
Operations and the direction of the working forces are fixed exclusively in the
Employer and without limiting the generality of the foregoing the Union
acknowledges that it is the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency
and in connection therewith to make, alter and enforce from time to time
reasonable rules and regulations, policies, and practices to be observed by its
employees, discipline or discharge employees for just cause;
(b) select, hire, transfer, assign, promote,
demote, classify, lay off, recall or retire employees at the normal retirement
age, select employees for positions excluded from the bargaining unit;
(c) determine the location of operations, the
nature and subject matter of all programs and their expansion, limitation,
curtailment, or cessation, the direction of working forces, the sub-contracting
of work, the schedules of operations, job content, the establishment of work or
job assignments; establish, change, combine or abolish job classifications;
determine the qualifications of an employee to perform any particular job;
decide on the number of employees needed by the Employer at any time, the number
of hours to be worked, starting and quitting times, when and whether overtime
shall be worked; and the determination of equipment and materials to be used,
the methods and techniques of work, and the determination of all financial
policies.
2.02
The whole of the above is subject to the express provisions of this
Agreement.
2.03
The Employer agrees that it will not exercise its function in a manner
inconsistent with this Agreement. Any violation of this Section may be made the
subject of a grievance.
2.04
No employee shall be required or permitted to make a written or verbal agreement
with the Employer or her representative which may conflict with the terms of
this Collective Agreement.
SECTION
3 ~ SCOPE & RECOGNITION [Table
of Contents]
3.01
This Agreement shall apply to all employees in the bargaining unit defined in
the Certificate issued by the Ontario Labour Relations Board on the 16th day of
July, 1998 that is all employees of Kinark Child and Family Services-Durham
Region employed as Social Workers in the Family Services program and
Administrative/Clerical staff (excluding Intake Workers), save and except the
Supervisor of Family Services and persons above the rank of supervisor.
3.02
The Union agrees that the Employer shall have the right to hire temporary
employees from time to time. Temporary employees shall be defined as employees
hired to work on government subsidized programs or projects, not to exceed
twelve (12) months, or any other short term programs or projects, short term
meaning a period of six (6) months or less unless extended by mutual consent of
the Employer and the trade Union and the temporary employee. Temporary employees
shall be covered by the Collective Agreement save and except it is hereby agreed
that the following articles or provisions shall not apply to such temporary
employees:
Section 11 - Grievance Procedure
Section 12 - Discharge Cases
Section 13 - Arbitration
Section 15 - Seniority
Schedule 'A' - All Fringe Benefits
3.03
It is recognized that from time to time persons not in the bargaining unit may
perform work normally considered to be bargaining unit work.
SECTION
4 ~ DISCRIMINATION [Table
of Contents]
4.01
The Employer and the Union agree that there shall be no intimidation,
discrimination, interference, restraint or coercion exercised or practiced by
either of them, or by any of their representatives or members because of any
employee's membership or non-membership in the Union or because of any
employee's activity or lack of activity in the Union, or because any employee
exercises his/her rights under the Ontario Labour Relations Act.
4.02
The Employer and the Union agree that there shall be no discrimination against
any employee because of his/her age, race, creed, colour, nationality, ancestry,
place of origin, marital status, political or religious affiliation, disability
or handicap, sex or sexual orientation.
SECTION
5 ~ UNION MEMBERSHIP [Table
of Contents]
5.01
Within one (1) week of the signing of this Agreement, all employees of the
Employer, shall, as a condition of employment, become and remain members in good
standing of the Union, according to the constitution and by-laws of the Union.
As a condition of employment, all new employees shall become and remain members
in good standing of the Union within thirty (30) days of employment.
SECTION
6 ~ CHECK-OFF OF UNION DUES & INFORMATION
[Table of Contents]
6.01
The Employer shall deduct from every employee Union dues in the amount of 1.3%
of their gross earnings and a $2.00 per month assessment.
6.02
Deductions shall be forwarded in one cheque to the Secretary-Treasurer of the
Local Union not later than the 15th day of the following month for which the
dues were levied. The cheque shall be accompanied by a list of the names, amount
deducted and classification of employee from whose wages the deductions have
been made. This list shall indicate promotions, demotions, hirings, layoffs,
transfers, recalls, resignations, retirements, deaths, terminations of
employment and change in address of the employee.
6.03
At the same time that Income Tax (T-4) slips are made available, the Employer
shall type on the amount of Union dues paid by each Union member in the previous
year.
6.04
The Employer shall provide to the Union on or about January 1st of each year of
this contract the names, addresses, classification and wage rate of each
employee in the bargaining unit.
SECTION
7 ~ ACQUAINT POTENTIAL EMPLOYEES [Table
of Contents]
7.01
The Employer agrees to acquaint potential employees with the fact that a Union
Agreement is in effect, and with the conditions of employment set out in the
Sections dealing with Union Security and Dues check-off.
7.02
The Employer will give every new employee a copy of the Collective Agreement
including the relevant job description, as supplied by the local Union, upon
commencing employment. On commencing employment, the employee's immediate
supervisor shall introduce the new employee to his/her Union steward or
representative. An officer of the Union shall be given an opportunity to
interview each new employee within regular working hours, without loss of pay,
for a maximum of thirty (30) minutes at a time mutually agreed upon during the
first month of employment for the purposes of acquainting the new employee with
the benefits and duties of Union membership and his/her responsibilities and
obligations to the Employer and the Union.
SECTION
8 ~ CORRESPONDENCE [Table
of Contents]
8.01
All correspondence between the parties arising out of this Agreement or
incidental thereto shall pass to and from the Area Program Director and the
Business Agent of the Union. A copy of any correspondence between the Employer
or his/her designate and any employee in the bargaining unit, pertaining to the
interpretation, administration or application of any part of this Agreement
shall be forwarded to the Business Agent of the Union or his/her designate.
SECTION
9 ~ LABOUR MANAGEMENT COMMITTEE [Table
of Contents]
9.01
A labour-management committee made up of one (1) bargaining unit members and one
(1) Employer representatives shall be established. This committee shall
meet at the written request of either party, but no more than bi-monthly unless
by mutual consent. The committee shall have an advisory function only and shall
not be authorized to deal with any matters which arise out of the administration
or interpretation of the Collective Agreement or which are properly the subject
of collective bargaining. The committee shall have no authority to alter, amend,
modify or add to the provisions of this Agreement. Time spent at such meetings
shall be considered paid time to a maximum of two (2) hours.
9.02
The Employer will agree, where practicable, to discuss new policies and
procedures with this committee, the impact of such changes and to consider any
recommendations the committee brings forth.
SECTION
10 ~ REPRESENTATION [Table
of Contents]
10.01
One (1) steward shall be elected or otherwise appointed from the bargaining
unit. The Employer will recognize as a steward only employees who have acquired
seniority with the Employer. The Union shall notify the Employer in writing of
the names of such stewards at the time of their appointments and the Employer
shall not be required to recognize any steward until the Employer has been so
notified. The Employer shall not bargain with or enter into any agreement with
an employee or group of employees in the bargaining unit. No employee or group
of employees shall undertake to represent the Union at meetings with the
Employer without the proper authorization of the Union.
10.02
A steward or Union Executive Officer may investigate and process grievances in
accordance with the Grievance Procedure set out in this agreement.
10.03
The stewards or Union Executive Officer may leave their work without loss of
basic pay to attend to Union business on the following conditions: (a) The time
shall be devoted to the prompt handling or processing of grievances; (b) The
steward concerned shall obtain the permission of his immediate supervisor before
leaving his work. Such permission shall not be unreasonably withheld; (c) The
Employer reserves the right to limit such time if it deems the time so taken to
be excessive.
10.04
The National Representative of the Communications Workers of America or the
Business Agent of the Local Union will only enter any premises of the Employer
after having obtained the prior consent of the Area Program Director.
10.05
A Union Bargaining Committee shall be elected or appointed by the Union and
shall consist of not more than one (1) member who is an employee of the
Employer. The Union shall have the right to have assistance of the
Communications Workers of America when dealing or negotiating with the Employer.
It is understood that this Committee will not conduct any Union business on the
Employer's time, with the exception of time actually spent in collective
bargaining negotiations. The bargaining committee shall not be constituted in a
manner which would unduly restrict or reduce the Employer's ability to provide
service. The Employer shall reimburse employees for regular hours actually lost
due to the presence of the employee in negotiations with the Employer up to the
time of an application for conciliation.
10.06
The Employer shall make reasonable efforts to accommodate the Union requests, in
a timely manner, for information such as, but not limited to, non-confidential
financial information, job descriptions, bargaining unit wage rates and
information relating to employee benefits.
SECTION
11 ~ GRIEVANCE PROCEDURE [Table
of Contents]
11.01
The purpose of this Article is to establish a procedure for the settlement of
grievances.
11.02
Step 1
An employee who has a complaint relating to the interpretation or
application of this agreement may discuss his/her complaint with his/her
supervisor. Such a complaint shall be brought to the attention of supervisor
within five (5) working days of the incident or from the time the employee(s)
was informed of the event giving rise to the complaint. The supervisor shall
state his/her decision verbally within three (3) working days of receiving the
complaint. The employee shall notify his supervisor that this is a grievance at
step 1.
Step 2
Should the employee be dissatisfied with the supervisor's disposition of the
complaint, she/he may, with the assistance of his Union Representative, refer
such matter on a written grievance form supplied by the Union to the supervisor
of the next level or his designate who shall answer the grievance in writing
within five (5) working days . The complaint shall constitute a formal grievance
and shall be filed within five (5) working days of receipt of the reply of the
supervisor to the complaint. The grievance shall specify the section or sections
and subsections of the Agreement of which a violation is alleged, a brief
statement of the circumstances surrounding the alleged violation, indicate the
relief sought and be signed by the employee.
Step 3 If no settlement is reached at
Step 2, the Union steward and representatives of Management shall meet within
seven (7) working days of receipt of the reply of the Supervisor to discuss the
grievance. The Union's Staff Representatives may be in attendance at this
meeting. If the grievance is not settled within ten (10) working days, it may be
referred to arbitration as hereinafter provided.
11.03
The union or the Employer may initiate a grievance beginning at Step 3 of the
Grievance Procedure. Such grievance shall be filed within ten (10) working days
of the incident giving rise to the complaint and be in the form prescribed in
Step 2. Any such grievance may be referred to arbitration under Section 13 by
either the Union in the case of a Union grievance or the Employer in the case of
an Employer grievance. The Union may not institute a grievance directly
affecting an employee which such employee could themselves institute and the
regular Grievance Procedure shall not thereby be by-passed.
11.04
Any complaint or grievance which is not commenced or processed through the next
stage of the Grievance or Arbitration Procedure within the time specified shall
be deemed to have been dropped. However, time limits specified in the Grievance
Procedure may be extended by mutual agreement in writing between the Employer
and the Union.
11.05
No grievance may be submitted concerning the termination of employment, layoff
or disciplining of a probationary employee.
11.06
In this Section, days shall include all days exclusive of Saturdays, Sundays and
designated holidays.
11.07
Group Grievances - The Union and its representatives shall have the right to
originate a grievance on behalf of a group of employees and to seek adjustment
with the Employer in the manner provided the Grievance Procedure. Such grievance
shall commence at the Step 2.
SECTION
12 ~ DISCHARGE, SUSPENSION & DISCIPLINE CASES [Table
of Contents]
12.01
An employee who is discharged or suspended shall be given a reasonable
opportunity to interview her/his steward before leaving the Employer's premises.
An employee being discharged shall be notified in writing by the Employer with
reasons in writing being provided to the Union as soon as possible. Where an
employee is to be discharged, suspended, or disciplined, she/he may have her/his
steward in attendance. Where a supervisor intends to interview an employee for
disciplinary purposes, the supervisor shall so notify the employee in advance of
the purpose of the interview in order that the employee may contact his/her
Union representative to be present at the interview.
12.02
An employee who is discharged or suspended for more that three (3) working days
may file a grievance at Step 3 of the Grievance Procedure within three (3)
working days after such discharge or suspension. An employee suspended for three
(3) working days or less shall take up his grievance at Step 1.
12.03
Where a grievance which is filed under Section 11.02 is not settled and duly
comes before an Arbitrator or Arbitration Board, the Arbitrator or Board may
make a ruling, subject to this Section and to Section 13:
(a) confirming the Employer's action;
(b) reinstating the employee with compensation
for regular time lost except for the amount of any remuneration or compensation
the employee has received from any other source pending the disposition of
his/her case; or
(c) disposing of the grievance in any other
manner which may be just and equitable.
SECTION
13 ~ ARBITRATION [Table
of Contents]
13.01
Where a difference arises between the parties relating to the interpretation,
application or administration of this Agreement including any question as to
whether a matter is arbitrable, or where an allegation is made that this
Agreement has been violated, either party may after exhausting any Grievance
Procedure established by this Agreement notify the other party in writing of its
desire to submit the difference or allegation to arbitration. The notice shall
contain the name of the party's appointee to an Arbitration Board and shall be
delivered to the other party within ten (10) working days of the reply under
Step 3. The recipient party shall, within ten (10) working days, advise the
other party of the name of its appointee to the Arbitration Board.
13.02
The two appointees so selected shall, within fifteen (15) working days of the
appointment of the second of them, or a time mutually agreed upon, appoint a
third person who shall be the Chairman. If the recipient party fails to appoint
an arbitrator, or if the two appointees fail to agree upon a Chairman, within
the time limited, the appointment shall be made by the Minister of Labour upon
the request of either party. The Arbitration Board shall hear and determine the
differences or allegation and shall issue a decision and the decision shall be
final and binding upon the parties and upon any employee affected by it. The
decision of a majority shall be the decision of the Arbitration Board, but if
there is no majority the decision of the Chairman shall govern.
13.03
No person may be appointed as an arbitrator who has been involved in an attempt
to negotiate or settle the grievance.
13.04
Each of the parties hereto will bear the expenses of an arbitrator appointed by
it and the parties will jointly share the expenses of the Chairman of the
Arbitration Board, if any.
13.05
The Board shall not be authorized to make any decision inconsistent with the
provisions of this Agreement nor to alter, modify or amend any part of this
Agreement.
13.06
In this Agreement days shall include all days exclusive of Saturdays, Sundays
and designated holidays.
13.07
Notwithstanding the arbitration provision outlined in this section either party
may request the Minister of Labour to appoint a single arbitrator under section
49 of the Ontario Labour Relations Act within thirty (30) days of the reply
under Step 3 of the grievance procedure.
SECTION
14 ~ PERSONNEL RECORDS [Table
of Contents]
14.01
An employee shall have the right at any time mutually agreed upon to have
supervised access to and review his/her personnel record at the Kinark office
where they are currently employed.
14.02
Any disagreement as to the accuracy of information contained in the file may be
subject to the Grievance Procedure and the eventual resolution thereof shall
become part of the employees record.
14.03
No evidence from the employee's record may be introduced as evidence in any
hearing of which the employee was either not aware at the time of filing or not
provided a copy of.
14.04
An employee shall have the right to make copies at their own expense of any
material contained in their personnel record.
14.05
Employees will be notified of all changes or additions to their personnel file
made by the Employer of a disciplinary or performance nature.
14.06
Written warnings will be removed from an employee's personnel file twenty-four
(24) months after the date of imposition of the discipline provided that the
employee maintains a clear record in the interim without any similar
disciplinary infractions.
SECTION
15 ~ PROBATIONARY PERIOD, SENIORITY AND RECALL RIGHTS [Table
of Contents]
15.01
New employees shall serve a probationary period of both two hundred and sixty
(260) hours and three (3) continuous months in the bargaining unit before
acquiring seniority rights which shall then date back to their respective date
of starting to work for the Employer.
15.02
Seniority is the principle of granting preference to the employees in accordance
with length of continuous service within the bargaining unit.
Employees who regularly work less than
thirty-five (35) hours per week in the bargaining unit shall accrue seniority on a worked
hourly basis. Seniority shall be calculated on the basis of thirty-five (35) hours
worked in a bargaining unit position being equivalent to one (1) week. However,
no employee shall accrue more than one (1) week of seniority for each week
worked.
15.03
In the event of a layoff, employees shall be laid off in reverse order of their
seniority.
An employee who is subject to layoff shall have
the right to accept the layoff or displace a less senior employee from the same
or different classification for which he/she possesses the minimum
qualifications, knowledge, training, skill, relevant experience and ability to
perform the job.
An employee who chooses to exercise the right
to displace another employee with lesser seniority shall advise the Employer of
his/her intention to do so and the position claimed within fifteen (15) working
days after receiving the notice of layoff.
An employee shall have the opportunity of
recall from a layoff to an available opening, in order of seniority, provided
he/she has the minimum qualifications, knowledge, training, skill, relevant
experience and the ability to perform the work. Laid off employees shall
continue to accrue seniority to a maximum of twelve (12) months.
In determining the minimum qualifications,
knowledge, training, skill, relevant experience and the ability of an employee
to perform the work for the purposes of the paragraphs above, the Employer shall
not act in an unfair manner.
An employee recalled to work in a different
classification from which she/he was laid off shall have the right to return to
the position held prior to the layoff should it become vacant within twelve (12)
months of being recalled. No new employees shall be hired until all those laid
off have been given an opportunity to return to work to do so, in accordance
with the loss of seniority provisions, or have been found unable to perform the
work available.
15.04
For the purpose of the Article, a layoff means a layoff for more than five (5)
working days.
15.05
Seniority lists will be supplied quarterly to the local Union office and posted
quarterly on the bulletin boards. Such list showing
the current job title, the date upon which the employee's service commenced and
their most recent ranking on the list as per their accrual rate.
15.06
Seniority once established for an employee shall be forfeited and the employee's
employment shall be deemed terminated under the following conditions:
(a) if she/he voluntarily quits;
(b) if she/he retires;
(c) if she/he is discharged for any cause and
not reinstated through the Grievance Procedure;
(d) if she/he fails to report for duty after a
layoff or leave of absence in accordance with the provisions of this Agreement;
(e) if eighteen (18) months have elapsed from
the effective date of layoff;
(f) if she/he is absent from work more than
three (3) scheduled working days without notifying and obtaining the permission
of the Employer or unless she/he is able to provide a reasonable
explanation;
15.07
When recalling an employee after layoff, she/he shall be notified by registered
mail or telegram and allowed fourteen (14) calendar days or such other time as
is mutually agreed upon by the Employer and the employee to report to work and,
in the mean-time, if an employee is recalled and is not immediately available
for work, other employees in seniority standing may be recalled but shall be
employed only until the senior employee reports within the fourteen (14)
calendar day period as outlined. An employee to whom a registered letter or
telegram is sent in accordance with this section must contact the Area Programme
Director or his designate within forty-eight (48) hours of the notice of return
to work if she/he wishes the Employer to hold the job open for her/him for the
full fourteen (14) calendar day period. It shall be the employee's
responsibility to keep the Employer notified as to any change of her/his address
or telephone number so that they will be up to date at all times.
15.08
The Employer agrees in the event of layoff that employees so affected may
continue benefit coverage at no cost to the Employer while on the recall
list.
15.09
No employee shall be transferred to a position outside the bargaining unit
without her/his consent. In the event an employee is temporarily promoted to a
non-bargaining unit position, the employee shall retain her/his seniority for up
to twelve (12) months while in such temporary position, and shall continue to
accumulate seniority with the understanding that they maintain payment of the
recognized Union dues. In any other case, where an employee accepts a
non-bargaining unit position, her or his seniority shall be immediately
forfeited.
SECTION
16 ~ JOB POSTINGS [Table
of Contents]
16.01
Where in the determination of Management a vacancy exists in the bargaining
unit, the Employer will post a notice of the vacancy within five (5) working
days of deciding to fill such vacancy. Such notice will be posted for a period
of five (5) working days in all locations covered by the Collective Agreement.
The Employer shall give the Union a copy of any postings of bargaining unit
vacancies. The posting may not be exclusive to the bargaining unit, however,
members of the bargaining unit will be processed and considered first in the
interviewing process. For bargaining unit positions the notice will specify the
nature of the job, qualifications required and the rate of pay. An employee who
wishes to be considered for the position so posted shall signify his/her desire
by making formal application in accordance with the provisions of the posting.
Bargaining unit members considered for the position will be interviewed within
ten (10) working days of the closing of the job posting and shall be notified of
the Employers decision within ten (10) working days of their interview. Such
times may be extended by mutual agreement of the Employer and the Union.
16.02
(a) In filling any posted vacancy under this Article, the Employer will consider
the requirements and efficiency of operations, the seniority as well as the
qualifications, the knowledge, training, skill, relevant experience and
demonstrated ability of the individual to perform the job. If the job is not
filled as a result of the posting or if no suitable applications are received,
the Employer reserves the right to hire.
(b) Regular employees with seniority who
receive temporary assignments shall retain full seniority rights while on such
assignments subject to section 15.09.
16.03
Any employee who has successfully bid under this section shall not be entitled
to bid on a posted job for three (3) months from the date of her/his successful
bid, except with the Employer's permission.
16.04
Any job which is vacant for less than six (6) months because of illness,
accident, vacation, leave of absence, temporary transfers, temporary promotions
and temporary vacancies shall not be deemed to be vacant for the purposes of
this section.
16.05
Where a temporary vacancy is
scheduled to last more than six (6) months, the temporary vacancy shall be
posted as per section 16.01 and filled as per section 16.02.
16.06
In the event of a supervisor vacancy within the Durham Region, which the
employer has indicated their intention to fill, Employees who meet the following
criteria shall be afforded an interview and given consideration for the
position, provided they have:
(a) Completed the supervisory training program
as stipulated or recognized by the Employer.
(b) Have three (3) - five (5) years of clinical experience.
(c) Have one year of service within the Agency.
SECTION
17 ~ BULLETIN BOARDS [Table
of Contents]
17.01
The Union shall have the use of a
bulletin board in the Employer's premises in the area office, classrooms, and
the Residential House where staff offices exist. Such notices must be approved
by the Employer prior to their being posted, such approval will not be
unreasonably withheld.
17.02
The Employer shall provide the Union with a mail slot in the area office for
Union correspondence and access to the voice mail system for the purpose of
notifying bargaining unit employees of Union meetings. A binder, which will be
maintained by the Union, containing Union information shall be located at each
workplace.
SECTION
18 ~ HOURS OF WORK & OVERTIME [Table
of Contents]
18.01
The regular hours of work for Social Workers is thirty-five (35) hours per week
in accordance with schedules established by the Employer from time to time.
Employees shall be given two consecutive days off per week. Employer approved
overtime shall be paid at the rate of time and one-half (1-1/2) the regular rate
for all hours worked in excess of thirty-five (35) hours in one (1) week.
Approved time off because of sickness, bereavement, holidays and vacation shall
be considered time worked for the purpose of calculating overtime. By mutual
agreement compensatory time off may be taken at time and one-half (1-1/2) at a
time mutually agreed to in lieu of paid overtime. No exchange of shifts between
employees will result in overtime payments.
18.02
Nothing in this section shall be construed as a guarantee of these or any other
hours
18.03
Persons specifically designated by the Employer to be "on-call" on a
scheduled basis shall be paid thirty-two ($32.00) dollars per day or four
($4.00) dollars an hour with a minimum twelve ($12.00) dollars. For any new
classifications established after ratification, Management may write on-call
into the job description where it is a requirement of the job. Where it is
deemed necessary to implement an Emergency Services Plan, which includes a
variable schedule, the on-call pay will be suspended during the designated
Emergency Services period.
18.04
Employees shall schedule their own hours according to section 18.01, 18.05 and
the reasonable requirements of their work within the guidelines set by the
Employer from time to time.
18.05
Employees may work up to a maximum of no more than ten hours in any one day.
Notwithstanding the above, under special
circumstances and with prior approval from the Union employees may work up to a
maximum of no more than twelve hours in any one day
For hours in excess of ten (10), employees
shall be paid time and one half. The overtime provisions of this section will
not apply where there are eight hours between the end of one shift and the
beginning of the next shift, or when a shift is pre-scheduled on a twelve (12)
hour basis. It is understood that pre-scheduled shifts of more than ten (10)
hours must have the prior approval of the Union.
18.06
In situations where there is a perceived inequitable distribution of work such
complaints may be brought to the attention of the Supervisor and, if not
satisfactorily resolved, to the Area Program Director and then to the Director
of Field Operations.
18.07
The Employer agrees that in the case of overtime work normally considered to be
bargaining unit work, preference shall be shown to employees in the bargaining
unit over supervisors in respect of said overtime. Regular full-time employees
shall also be given preference over temporary employees provided the temporary
employees have worked their full complement of hours.
Overtime shall be voluntary unless sufficient
volunteers cannot be obtained in which case overtime will be assigned in reverse
order of seniority.
SECTION
19 ~ STATUTORY HOLIDAYS [Table
of Contents]
19.01
The following shall be recognized as statutory holidays for employees and will
be paid for at the employee's regular rate of pay: Part-time employee's shall be
paid on a pro-rated basis.
New Year's Day, Civic Holiday, Good Friday,
Labour Day, Easter Monday, Thanksgiving Day, Victoria Day, Christmas Day, Canada
Day, Boxing Day
or days celebrated in lieu thereof, regardless
of the day on which the holiday falls. Employees shall be additionally entitled
to two (2) floating holidays to be taken at a time mutually agreeable to the
Employer and the employee.
19.02
An employee will be paid for a holiday provided she/he:
(a) works her/his last full scheduled day
before and her/his first full scheduled day after such holiday, and works on
such holiday if she/he is scheduled to work, unless she/he is excused by the
Employer;
(b) is on the active payroll of the Employer
and not on a leave of absence, Worker's Compensation or layoff; or
(c) has completed three (3) months continuous
service with the Employer.
19.03
If any of the above holidays fall or are observed during the employee's
vacation, he/she shall be entitled to an extra day's vacation with pay to be
taken within one (1) calendar month at a time mutually agreed upon by the
employee and the Area Programme Director.
19.04
If an employee is required to work on a statutory holiday set out in Article
19.01, she/he shall be paid time and one-half (1-1/2) her/his regular rate of
pay, in addition to the statutory holiday pay.
SECTION
20 ~ LEAVE OF ABSENCE [Table
of Contents]
20.01
The Employer may grant a leave of absence without pay to employees for personal
reasons. Leave of absence to work elsewhere will only be granted to the employee
upon the mutual consent of the Employer and the employee.
20.02
Pregnancy and parental leaves and emergency leave shall be granted in accordance
with Part XIV of the Employment Standards Act 2000.
20.03 Where a doctor's certificate is
provided stating that a longer period of pregnancy leave is required for health
reasons, an extension of up to a maximum of six (6) months shall be allowed. Her
replacement shall be considered a temporary employee as defined in Article
3.02
20.04
An employee is entitled to five (5) days' paid paternal leave. The remainder of
the leave shall be unpaid.
20.05
An employee requesting pregnancy leave and/or parental leave must give the
Employer at least two (2) weeks' written notice of the date the leave is to
begin.
20.06
An employee requesting pregnancy leave must give the Employer a certificate from
a legally qualified medical practitioner stating the expected birth date.
20.07
Pregnancy leave ends seventeen (17) weeks after it begins. Parental leave ends
thirty-five (35) weeks after it begins. In either case, if an employee wishes to
change the expected date of return, the employee must give the Employer four (4)
weeks' written notice.
20.08
An employee returning to work after a pregnancy or parental leave will be
returned to their former position, if it exists, or to a comparable position, if
it does not.
20.09
The Employer agrees to grant a leave of absence without pay, to the maximum of
two (2) employees at a time wishing to attend Union courses or conferences for a
total maximum of fifteen (15) days per year, provided the local Union gives four
(4) weeks written advance notice of the request.
20.10
The Employer recognizes the right of an employee to participate in public
affairs. Therefore, upon written request, the Employer may allow leave of
absence so that the employee may be a candidate in federal, provincial or
municipal elections. Such requests will not be unreasonably withheld.
20.11
An employee who is elected or selected for a full-time position with the Union,
or any body with which the Union is affiliated, may be granted leave of absence
without loss of seniority for a period of one (1) year. Such leave may be
renewed each year, on request, during his/her term of office. Such request will
not be unreasonably denied.
20.12
The Employer may grant a leave of absence without pay to an employee in order
that they may attend a course at a recognized school, college, university or
training institute
20.13
An employee on pregnancy or parental leave, whether extended or not, shall
continue to accumulate seniority while on such leave. An employee taking a leave
of absence under sections 20.(01, 09, 10, 11 and 12 ) shall retain their
seniority for up to twelve months and if so wish shall continue to accumulate
seniority with the understanding that they maintain payment of the recognized
Union dues.
20.14
Emergency Leave will be provided as per the Employment Standards Act 2000.
SECTION
21 ~ BEREAVEMENT LEAVE [Table
of Contents]
21.01
The Employer shall grant up to five (5) days' leave with pay for all regular
time lost in the event of the death of the employee's parents, spouse, partner
or children; up to three (3) days leave with pay for all regular time lost in
the event of the death of the employee's grandparents, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, son-in-law, and
daughter-in-law; and one (1) day to attend the funeral of the employee's aunt,
uncle, niece or nephew.
In order to qualify the employee must:
(a) have completed his/her probationary period;
and
(b) provide satisfactory proof of death if
required.
SECTION
22 ~ EXPENSE REIMBURSEMENT [Table
of Contents]
22.01
Employees using their own vehicles on authorized Employer business shall be
reimbursed by an allowance on the basis of thirty-five (35) cents per kilometre.
22.02
Expense accounts will be submitted by the employees to the Employer at the end
of each month, suitably signed by their supervisor. Employees shall be
reimbursed by the Employer for such expenses not later than six (6) working days
after the submission of said expense account related to the schedule for
payroll.
SECTION
23 ~ EMPLOYEE DEVELOPMENT [Table
of Contents]
23.01
The Employer and the employees recognize the benefit of education and reasonable
efforts shall be made to provide employees with pertinent information regarding
courses, conferences, seminars and workshops...etc. Notices of said educational
opportunities will be posted at all eligible locations.
23.02
Every employee may attend courses, conferences, seminars and workshops...etc at
his/her own expense, for which he/she shall be allowed time off work, provided
approval is first obtained from the Employer.
23.03
In cases where the Employer requires in writing that an employee attend courses,
conferences, seminars, workshops...etc, the Employer shall pay all reasonable
expenses incurred by the employee concerned. The Employer reserves the right to
limit such expenditures. Attendance at such professional activities shall be
compensated up to a maximum of eight (8) hours per day. No exchange of shifts
between employees will result in the payment of overtime. In the case of
courses, seminars, etc. which are identified by the employee, the terms of such
leave will be as mutually agreed to by the employee and the Supervisor.
SECTION
24 ~ JOB DESCRIPTION [Table
of Contents]
24.01
The Employer agrees to draw up job descriptions for all positions for which the
Union is bargaining agent within four (4) months of ratification. These
descriptions shall be presented upon completion to the Union and will be
discussed with the Union at that time and shall be the recognized job
descriptions, which, however, may be subject to change. Any change will be
discussed with the Union prior to its implementation.
24.02
When an employee is assigned as a fill-in in a higher classification for more
than one (60) days the employee shall receive at least the minimum next higher
in that classification than the salary being received in the lower
classification.
SECTION
25 ~ HEALTH AND SAFETY [Table
of Contents]
25.01
In accordance with the Occupational Health and Safety Act a health and safety
committee will be established and maintained.
25.02
The parties acknowledge that from time to time there is a problem with access to
computers and that they undertake to have such problems dealt with by the
Labour-Management Committee.
SECTION
26 ~ SEVERANCE AND LAY-OFF PROVISIONS [Table
of Contents]
26.01
Employees discharged to reduce the work force shall receive one (1) week's
regular pay for each twelve (12) months of service with the Employer up to a
maximum of twenty-six (26) weeks of pay. For the purposes of severance pay
provisions, it is recognized that the payroll of the Employer exceeds $2.5
million per year.
SECTION 27 ~
GENERAL [Table
of Contents]
27.01
Schedules "A", "B", and "C" shall form part of
this Collective Agreement.
SECTION
28 ~ OUTSIDE ACITIVITIES AND CONFLICT OF INTEREST [Table
of Contents]
28.01
Employees shall be free to engage in any activities outside of working hours,
provided such activities do not create a conflict of interest or interfere with
the employees regular duties to the Employer. Employees must report potential
outside conflict of interest activities to the Executive Director for approval.
Such approval shall not be unreasonably withheld
TERM OF
AGREEMENT [Table
of Contents]
Agreement shall be for a term commencing April
1, 2004 and ending on March 31, 2006 and shall continue from year to year
thereafter unless either party gives notice in writing to the other within the
period of ninety (90) days immediately prior to the annual expiration date of
that party's intention to terminate this Agreement or to negotiate revisions
thereto
FOR THE EMPLOYER FOR THE UNION
____________________ ____________________
Signed this the ______ day of
__________________ 2005.
SCHEDULE
'A' PART 1 (BENEFITS) SCHEDULE "A" [Table
of Contents]
1.
The Employer shall pay one hundred (100%)
percent of the premium cost of the benefits set out below (except Dental and
Extended Health) which will be on a seventy-five (75%) percent Employer and
twenty-five (25%) percent employee contribution basis and Pension which will be
on a fifty (50%) percent Employer and fifty (50%) percent employee contribution
basis. All of the benefits mentioned in this Schedule shall be as more
particularly described and set forth in the respective plan documents or
policies of insurance, which shall be made available for inspection by the
Union. Any dispute over payment of benefits under such plans or policies shall
be adjusted between the employee and the insurer concerned by the Employer who
will use its best efforts to adjust and settle any such disputes.
i. Short Term Disability - 55% of monthly
salary to the maximum stipulated in the policy, to continue for one hundred and
nineteen (119) days maximum
All of the above coverage is subject to the
terms of the plan.
ii. Long Term Disability
- after six (6) months to two (2) years'
service - two years of coverage
- more than two (2) years' service to five (5)
years - five (5) years of coverage
- greater than five (5) years' service -
coverage to age sixty-five(65) years
-50% of monthly salary to the maximum
stipulated in the policy.
All of the above coverage is subject to the
terms of the plan.
iii. Extended Health Care Drug Plan includes:
Three dollars and fifty cents ($3.50) drug card deductible. Vision Care - $200
once every 24 months per plan member (including dependents). Semi-private
hospital room coverage. All of the above coverage is subject to the terms of the
plan.
iv. Accidental Death and Disbursement - one (1)
times salary
v. Life Insurance - one (1) times annual salary
vi. Dental Plan includes-2002 ODA fee schedule.
Basic Services continue with dental check-ups every nine (9) months for adults
and every six (6) months for dependants. Major Restorative services added with
50% reimbursement for services to an annual maximum of $1500. Orthodontia
Services for dependent children added with 50% reimbursement to a lifetime
maximum of $3000 per dependent child.
All of the above coverage is subject to the
terms of the plan.
vii Pension - four (4%) percent, five (5%)
percent or six (6%) percent employee contributions to be matched by the
Employer.
2.
Benefits listed in this Schedule, including
pension, shall apply to all employees with more than six (6) months continuous
service with the Employer who regularly work at least twenty-eight (28) hours
per week.
All of the benefits mentioned in this Schedule
shall be as more particularly described and set forth in the respective plan
documents or policies of insurance which shall be made available for inspection
by the Union. Any dispute over payment of benefits under such plans or policies
shall be adjusted between the employee and the insurer concerned but the
Employer will use its best efforts to adjust and settle any such dispute.
3. Benefits listed in this Schedule, including
pension, shall apply to all employees with more than six (6) months' continuous
service with the Employer and who meet the criteria set out in the current
Kinark Human Resource Policy.
SCHEDULE
'B' (VACATION SCHEDULE) [Table
of Contents]
(a) An employee who has completed his
probationary period but less than one (1) year shall receive vacation pay at the
rate of four (4%) percent per completed month of continuous service.
(b) On January 1st of each year the Employer
shall post a vacation list indicating employees names and vacation entitlement.
The list shall also contain an open schedule for the purpose of employees
claiming their vacation times. Vacation shall be claimed by seniority with the
most senior employee being able to claim a maximum three (3) weeks before the
next senior employee claims their vacation time. March 31st shall be the cut-off
date for claiming vacation by seniority after which open vacation times shall be
scheduled on a first come basis. Vacation time may be taken consecutively.
VACATION TABLE
| VACATION ENTITLEMENT |
ELIGIBILITY |
| 4 wks/annum or 12/3 days |
1 to 10 years per month
continuous service |
| 5 wks/annum or 2.08 days |
10 to 25 years per month
continuous service |
| 6 wks/annum or 2 1/2
days |
25 years and up per month
continuous service |
All part-time staff currently receiving
vacation entitlement as a percentage of pay (each pay period) will continue to
receive vacation at their current rate, but will not progress. All new part-time
staff will receive vacation entitlement at the rate of four (4%) percent.
Employees may carry over a maximum of five (5)
days of vacation from one year to August 31 of the next with the understanding
that the carried-over vacation is scheduled prior to March 31.
Notwithstanding the above vacation entitlement,
except in the case of maternity and paternity leave, vacation will not accrue in
the case of absence for any reason beyond one hundred and twenty days (120). In
the case of absence due to short term disability, vacation pay entitlement will
accrue on the basis of 2/3 of regular pay. Vacation pay entitlement will not
accrue in the case of absence due to personal leave in excess of four (4) weeks.
The parties will comply with the Human Rights Code.
SCHEDULE
'C'(WAGES) [Table
of Contents]
Wage Increase effective April 1, 2004 - 3%
Wage
Increase effective April 1, 2005 - 2.5%
| CLASSIFICATIONS |
SALARY RANGE EFFECTIVE
APRIL 1, 2005 |
| Social Worker (BSW) |
Start - $22.98
6 months - $24.13/hr
18 months - $25.33/hr ($46,100.60 per annum) |
| Social Worker (MSW) |
Start
- $23.55
6 months - $24.72/hr
18 months - $25.96/hr ($47,247.20 per annum) |
| Administrative Support |
$15.71/hr to $19.37/hr
($28,592.20/Yr to $35,253/Yr
|
LETTERS OF UNDERSTANDING
HALIBURTON CAMP
[Table of Contents]
This will confirm that during recent
negotiations it was generally agreed that employees working at the Haliburton
Camp shall be scheduled to work four (4) days on and three (3) days off.
For hours during which the employee is not
scheduled to be on duty, he/she may leave the premises.
Employees working at the Haliburton Camp shall
be paid their regular rate for all hours worked between 6am and 12am and
one-half (1/2) their regular rate for all hours between 12am and 6am if they are
required to sleep at the camp. Such hours shall not be taken into consideration
when calculating overtime.
The Employer further agrees that the present
practice for reimbursing employees for camp travel will be continued during the
term of the Collective Agreement.
Staff returning from camp with clients will be
removed from "Residential Status" at 7:00 a.m. and will be scheduled
to a maximum of an eight (8) hour shift.
____________________ __________________ For the
Union For the Employer
Signed this the _____ of ______________2005
LETTERS OF INTENT
COMPASSIONATE
LEAVE [Table
of Contents]
Compassionate leave will be granted from one
(1) to five (5) days. This request, including the reason for the request, should
be in writing to the immediate supervisor and approved by the next level
supervisor. In the case of undue hardship, additional leave may be granted at
the discretion of the Executive Director.
SICK LEAVE PLAN
[Table of Contents]
Employees will be entitled to 15 paid sick
leave days per year.
EMPLOYEE
ASSISTANCE PROGRAMME [Table
of Contents]
The Employer, for the duration of this
Agreement, shall provide an E.A.P Programme.
OVERTIME [Table
of Contents]
The Employer agrees, where practicable, to
distribute and schedule overtime on an equitable basis.
WSIB CLAIMS
[Table of Contents]
The Employer remains committed to providing
salary continuance to any employee suffering financial hardship resulting from a
delay in the processing of a WSIB claim. It being understood that an employee
must first have used any vacation or lieu time credits before a request for
salary continuance would be considered.
____________________ __________________ For the
Union For the Employer
Signed this the _____ of ______________ 2005
| 
