Ontario Public Service Employees Union
on behalf of its Local 4101
Connexion Family Health Team
DURATION: April 1, 2012 – March 31, 2014
TABLE OF CONTENTS
ARTICLE 1 – RECOGNITION/DEFINITIONS. 3
ARTICLE 2 – WORK OF BARGAINING UNIT. 4
ARTICLE 3 – NO DISCRIMINATION.. 4
ARTICLE 4 – NO STRIKE OR LOCK-0UTS. 5
ARTICLE 5 – MANAGEMENT RIGHTS. 5
ARTICLE 6 – DUES SECURITY DEDUCTION.. 5
ARTICLE 7 – UNION REPRESENTATION.. 6
- 06 Occupational Health and Safety. 8
- 09 Copies of the Agreement. 8
- 10 Employee Orientation. 8
- 11 Bulletin Board. 9
ARTICLE 8 – GRIEVANCE PROCEDURE. 9
- 03 Stage 1. 9
- 04 Stage 2. 10
- 05 Dismissal Grievance. 10
- 06 Policy and/or Group Grievance. 10
- 07 Time Limits. 10
ARTICLE 10 – PERSONNEL FILE. 12
ARTICLE 12 – JOB SECURITY, LAYOFF AND RECALL. 15
- 05 Continuation of Benefits. 16
- 06 Volunteer Layoff 16
- 07 Temporary Work. 17
- 08 Information to Employee Employer Relations Committee. 17
- 09 Recall 17
- 10 Severance Pay. 17
ARTICLE 13 – TECHNOLOGICAL CHANGE. 17
ARTICLE 14 – POSTING AND FILLING OF VACANCIES. 18
ARTICLE 15 – HOURS OF WORK. 20
ARTICLE 16 – STATUTORY HOLIDAYS. 21
ARTICLE 17 – LEAVES OF ABSENCE. 22
- 02 Union Leave. 22
- 03 Emergency Leave. 23
- 04 Family Medical Leave. 23
- 05 Personal Days. 23
- 06 Professional Development and Educational Leave. 24
- 07 Bereavement Leave. 24
- 08 Jury Duty and Witness Leave. 25
- 09 Pregnancy, Adoption and Parental Leaves. 25
- 10 Time Off to Vote. 25
ARTICLE 21 – INSURED BENEFITS. 28
LETTER OF UNDERSTANDING # 1. 33
Re: Vacation and Wage Entitlements. 33
LETTER OF UNDERSTANDING # 2. 34
Re: OPSEU Broader Public Service Pension Plan. 34
LETTER OF UNDERSTANDING # 3. 35
Re: Additional Salary and Mileage Compensation. 35
The general purpose of this Agreement is to establish and maintain mutually satisfactory employment relations between Connexion Family Health Team (CFHT) (hereinafter referred to as the “Employer”) and the Ontario Public Service employee s Union (hereinafter referred to as the “Union” ) to establish and maintain mutually satisfactory working conditions, hours of work, and wages and to provide procedure for the prompt and equitable disposition of grievances for all employee s who are subject to the provisions of this Agreement.
ARTICLE 1 – RECOGNITION/DEFINITIONS
- The Employer recognizes OPSEU as the sole bargaining agent of all employees of Connexion Family Health Team, save and except the Executive Director and the Office Manager/Manager of Corporate Services.
- Whenever the feminine pronoun is used in this Agreement, it includes the masculine pronoun and vice versa where the context so requires. Where the singular is used, it may also be deemed to mean plural and vice versa. All references to spouses in this agreement shall include common law and same sex partners.
- A full-time employee is a member of the bargaining unit who is scheduled to work the normal full-time hours but no less than thirty seven and a half (37.5) hours a week.
- A part-time employee is a member of the bargaining unit who is scheduled to work less than thirty seven and a half (37.5) hours a week on a continuous basis.1.05 A casual employee is one who is employed on an interim basis and as required by the Employer. Casual employees are not regularly prescheduled to work and must declare their availability in writing to the Employer.
- A temporary employee is employed either full-time or part-time:
- To replace a permanent employee who is on authorized leave, not normally to exceed twelve (12) months. ii. A full-time or part-time employee filling a temporary position/assignment retains their full-time or part-time status.
ARTICLE 2 – WORK OF BARGAINING UNIT
- Employees not covered by the terms of the Agreement shall not perform duties normally assigned to those employee s who are covered by this Agreement
- There will be no contracting out of work done by the bargaining unit.
ARTICLE 3 – NO DISCRIMINATION
- The Employer agrees that there will be no intimidation, harassment, discrimination, interference, restraint or coercion exercised or practiced by the Employer or its representatives because of membership or activity in the Union.
- The Employer, employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code and agree that there shall be no discrimination, restraint, intimidation, harassment or coercion practiced or permitted by the Employer or the Union or any of their representatives against any employee because of sex, sexual orientation, age, marital status, family status, handicap, record of offences, race, colour, creed, criminal record, national or ethnic origin, ancestry, citizenship or political opinion.
- There shall be no harassment exercised or practiced against any employee.
- The Employer is committed to providing a violence free environment. Workplace violence is any act of aggression, verbal, physical assault or threat in the workplace.
- The Parties agree that the Employer does not condone and will not tolerate any form of bullying or psychological harassment in the workplace, and is committed to maintaining a healthy and safe workplace for all employees, education and prevention-oriented practices, addressing bullying behavior as soon as possible, effective problem-solving processes to address employee concerns, whether related to individual or group behavior. All aspects of prevention and problem- solving processes will be fair, timely, confidential, professional and impartial, consistently applied and will aim to preserve the dignity, self-respect and rights of all parties, employee concerns, whether related to individual or group.
- The Employer and the Union recognize their joint duty to accommodate disabled
ARTICLE 4 – NO STRIKE OR LOCK-0UTS
- There shall be no strikes or lock-outs for the term of this Agreement as provided in theOntario Labour Relations Act .
ARTICLE 5 – MANAGEMENT RIGHTS
5.01 The Union recognizes and acknowledges that, subject to the terms of this Agreement, the management of the 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:
- maintain order and efficiency and, in the connection therewith, make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its employee s;
- hire, transfer, promote, demote, classify, suspend, lay off, recall, assign duties, determine schedules and location of workplace, discipline or discharge for just cause;
- determine the location of operation, and their expansion or their curtailment, the schedules of operations, and the job content;
- establish reasonable quality standards with respect to positions and job descriptions;
- determine the qualifications of an employee to perform any particular job, the nature of tools, equipment and machinery used, the use of new or improved methods, machinery, methods of processes, and;
- it is agreed that these rights are subject only to the provisions of this Collective Agreement to which the parties are subject.5.02 The Employer shall exercise these rights in a fair, impartial, and reasonable manner, and in a manner consistent with the provision of this Collective Agreement.
ARTICLE 6 – DUES SECURITY DEDUCTION
6.01 The Employer shall deduct from each pay of each employee, starting with the pay period nearest to the effective date of this Agreement, an amount equivalent to such Union dues as may be designated by the Union from time to time. The Employer agrees that it will remit the total amount of such deductions to the Accounting Department of the Union, 100 Lesmill Road, North York, Ontario, not later than the 15th day of each month following the month that deductions were made. The remittance shall be accompanied by a list of names of those employees for whom deductions have been made. The list shall clearly indicate employee identification numbers, their status, full-time, part-time or temporary, and any changes in employment status for promotion, demotion, termination and leaves of absence. A copy of such list shall be provided to the Union Local.
6.02 The Employer agrees to give each person in the bargaining unit a T-4 slip for income tax purposes showing the amount of dues deducted and shall give it to each person in the bargaining unit on time for inclusion in their income tax return.
- The Union will advise the Employer in writing of the amount of its regular dues. The amounts specified shall continue to be deducted until changed by further written notice to the Employer.
- The Union agrees to save the Employer harmless and to indemnify the Employer with respect to any claim made against the Employer by any employee or group of employees arising out of the deduction of Union dues as herein provided.
ARTICLE 7 – UNION REPRESENTATION
7.01 The Employer agrees to recognize two (2) Union Stewards elected or appointed from among the employees in the bargaining unit.
- The duty of the stewards shall be to represent employee(s) and to process grievances or complaints as outlined in the grievance procedure of this Agreement.
- The Union will inform the Employer, in writing, of the names of the stewards and of any subsequent changes, and the Employer will not be required to recognize such stewards until notification from the Union has been received.
- Stewards shall be allowed reasonable time off work with pay and without loss of credits to attend and discuss grievances with the Employer in accordance with the grievance arbitration procedure. The Union acknowledges that the stewards have regular duties to perform on behalf of the Employer. Such persons shall not leave their regular duties without receiving permission from their supervisor. Such permission shall not be withheld unreasonably.
- The Employer further recognizes the right of the Union to appoint or otherwise select members of the Union to the following committees: a) Negotiating Committee The Employer agrees to recognize a negotiating committee comprised of up to two (2) representatives, and one (1) alternate, who shall be elected from amongst the employees in the bargaining unit for the purpose of negotiating the Agreement or its renewal. The Union will inform the Employer, in writing, of the names of representatives of the negotiating committee and of any subsequent changes. For the time spent in negotiations, the employees’ salary, credits and applicable benefits shall be maintained by the Employer up to the point of conciliation. For time spent in negotiations beyond the point of conciliation, the employees’ salary, credits and applicable benefits shall be maintained by the Employer and, upon receipt of an itemized bill, the Union shall reimburse the Employer for the employee s’ salaries and proportionate benefits including mandatory Employer contributions. The Employer shall also release negotiating team members from duty for preparation time. For the time spent in preparation, the employees’ salary, credits and applicable benefits shall be maintained by the Employer. Upon receipt of an itemized bill, the Union shall reimburse the Employer for the employees’ salaries and proportionate benefits including mandatory Employer contributions. b) Employer/Employee Relations Committee It is agreed that a joint committee will be established with equal representation but no more than two (2) representatives of the Union and no more than two (2) representatives of the Employer. Notwithstanding the aforementioned, employees shall have the right to the assistance of an OPSEU Staff Representative whenever necessary. The Union agrees that the exercise of this right shall not interfere with the Employer’s operation. Time spent by employees serving on the Employee-Employer Relations Committee shall be considered time worked without any loss of earnings, service or seniority. Time spent shall include reasonable travel time.
- The committee shall not have the power to alter, amend or modify the specific terms of the Agreement.
- The committee shall meet on a quarterly basis, or at the special request of either party, to discuss matters of concern at a mutually agreed time and place. Each party shall notify the other party of the proposed agenda items and attendees one (1) week in advance of the meeting. The chairperson of the committee shall be selected by the Employer for the first meeting and thereafter shall alternate between a Union member and an Employer member.
7.06 Occupational Health and Safety
a) The Employer agrees to establish and maintain a Joint Health and Safety Committee(s) in accordance with the provisions of the Occupational Health and Safety Act RSO, 1990. The Employer accepts as a Joint Health and Safety Committee member, one representative selected or appointment by the Union. Should the representative so elect to act as a certified member of the committee, and the Joint Health and Safety Committee so accept the election, the Employer agrees to provide certification training for said member.
b) The Employer shall make reasonable provisions for the safety and health of its employees during the hours of their employment. It is agreed that both the Employer and the Union shall co-operate to the fullest extent possible in the prevention of accidents and in the reasonable promotion of safety and health of all employees.
7.07 In the event travel is required to attend any meetings under this article, Article 20 – Expenses shall apply.
7.08 Employees shall have the right to the assistance of an OPSEU Staff Representative on the above-referenced committees and in any part of the grievance and arbitration procedures described in Articles 8 and 9 of this Collective Agreement.
7.09 Copies of the Agreement
The Employer and the Union desire all parties to be familiar with the provisions of this Agreement and the rights and obligations under it. For this reason, the parties shall share equally the cost of printing and distribute copies of this Agreement to all parties. Where required, the parties shall co-operate in making the Agreement accessible to employees in alternative formats or languages.
7.10 Employee Orientation
A new employee will have the opportunity to meet with a representative of the Union for a period of up to thirty (30) minutes during the employee’s probationary period without loss of regular earnings, service or seniority. Each new employee will be given a copy of the Collective Agreement.
7.11 Bulletin Board
The Employer will provide bulletin board(s) for the purpose of posting notices regarding meetings and other matters of Union business.
ARTICLE 8 – GRIEVANCE PROCEDURE
8.01 a) Any dispute involving the application, interpretation, administration, or alleged violation of this Agreement, including discipline, suspension or dismissal of an employee , or whether a matter is arbitrable, may be made the subject of a grievance and an earnest effort shall be made to settle such a grievance as quickly as possible.
b) Meetings involving grievances or complaints shall be at times and places agreed to between the Union and the Employer.
c) A grievor employee or Union steward whose participation is necessary at a meeting between the Union and the Employer and who attends such meeting shall be paid their regular earnings for the period of time to attend the meeting including applicable travel time/transportation allowance.
d) When discipline is to be imposed, an employee is entitled to be represented by a Union steward and/or Staff Representative.
8.02 It is the mutual desire of the parties that employee complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until s/he has first given his/her Manager the opportunity of addressing his/her complaint. Such complaint shall be discussed with his/her Executive Director or designate within twenty (20) days of becoming aware of the event giving rise to the grievance. If the complaint is not addressed to the employee’s satisfaction, it may be taken up as a grievance within seven (7) days of the discussion in the following manner and sequence:
8.03 Stage 1
The employee may file a grievance in writing with the Executive Director or his/her designate. The written grievance, signed by the employee or steward, shall state the nature of the grievance and the redress sought. The Executive Director or designate shall give the grievor his/her decision in writing within seven (7) days of the submission of the grievance.
8.04 Stage 2
If the grievance is not resolved at Stage 1, the Executive Director or his/her designate, shall hold a meeting with the grievor and his/her Union representative at a mutually agreeable time within fifteen (15) days of receipt of the request. The Director or his/her designate shall deliver his/her decision in writing within seven (7) days of the meeting. If the grievance is not resolved at Stage 2, the grievor may submit his/her grievance to arbitration as set out in Article 9 below.
8.05 Dismissal Grievance
A claim by an employee (except an employee on probation and subject to Article 11.04) who has been discharged or suspended from employ, that the discharge or suspension was without just cause, shall be treated as a grievance if the written statement is lodged with the Employer within fifteen (15) days of the discharge or suspension. Such grievance shall commence at Stage 2 of the grievance procedure as herein provided; such grievance may be settled by confirming the Employer’s action in discharging or suspending the employee, or by reinstating the employee with appropriate compensation or by any other arrangement which is acceptable to the parties, or, if necessary, an Arbitrator or Board of Arbitration.
8.06 Policy and/or Group Grievance
Where a dispute involving a question of general application or interpretation occurs, or where a group of employees who share the same complaint, or the Union has a grievance, it may be submitted at Stage 2 of the grievance procedure. Such grievances must be submitted within twenty (20) days after the event giving rise to the grievance.
8.07 Time Limits
Time limits referred to in the grievance procedure and arbitration procedure may be extended by mutual agreement if specified in writing.
In this Article, days shall include all days exclusive of Saturday, Sunday and designated holidays.
- The employee has the right to be accompanied and represented by a Union representative at all meetings in the grievance/arbitration procedure in which the employee is entitled to be present.
ARTICLE 9 – ARBITRATION
9.01 Where a grievance which has not been resolved through the grievance procedure is referred to arbitration, the following shall apply:
- The party referring the grievance shall give written notice to the other party not later than thirty (30) days after the response from Stage 2 that it intends to refer the matter to arbitration, giving the name and address of the proposed arbitrator.
- Within ten (10) days after receiving such notice, the other party shall respond by agreeing to the arbitrator or proposing an alternative arbitrator(s).
- Failing agreement within twenty-one (21) days or such time as may be agreed by the parties, an appointment may be made by the Office of Arbitration at the request of either party. The single arbitrator shall be bound by all clauses in Article 9 in the same manner as an Arbitration Board.d) Arbitrators hearing grievances under this Article shall first attempt to mediate a settlement to the grievance. If mediation is unsuccessful, the arbitrator shall proceed to arbitrate the grievance. The arbitrator shall have the right to limit evidence and argument and to impose a settlement.e) The parties shall share equally the expenses and remuneration of the arbitrator.9.02 Employees who are summoned or subpoenaed and whose attendance is required at arbitration hearings shall receive permission to be absent from work with pay.9.03 a) By mutual agreement, the parties may elect to have a tri-partite board hear the matter in dispute instead of a single arbitrator. In such case, the party wishing to submit the issue to arbitration should indicate, in its notice of intent to arbitrate, that it would like the matter heard by a tri-partite board of arbitration. The recipient of the notice shall inform the other party within seven (7) days of receipt of the notice if it is agreeable or not to the matter being heard by a tri-partite board. If so, the parties shall use the following procedure.b) Within ten (10) days after receiving such notice, the other party shall respond by indicating the name and address of its nominee to the Arbitration Board.c) The two nominees shall, within seven (7) days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairman of the Arbitration Board.d) If the recipient fails to name a nominee or if the two nominees fail to agree on a chairman within the timelines or at such other time as may be agreeable, an appointment may be made by the Office of Arbitration at the request of either party.9.04 The Arbitration Board shall be governed by the following provisions:a) The Arbitration Board shall attempt to mediate a settlement and, if unsuccessful, shall hear and determine the grievance and issue a decision which is final and binding on the parties and upon any employee affected by it.b) The decision of the majority is the decision of the Arbitration Board, but if there is no majority, the decision of the chair governs.c) Each party shall pay one-half (½) of the remuneration and expenses of the chair of the Arbitration Board.d) The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations.
ARTICLE 10 – PERSONNEL FILE
10.01 An employee shall be entitled to view the entire contents of his or her personnel file and, upon request, receive a copy of any documents contained in the file. Prior to providing the employee with a copy, the Employer may redact any private patient information.
10.02 Letter(s) of Reprimand
- Any letter of reprimand, suspension or other sanction shall be removed from the record of an employee fifteen (15) months following receipt of such letter, suspension or other sanction provided that the employee’s record has been discipline-free throughout the fifteen (15) month period. Leaves of absence in excess of thirty (30) consecutive days will not count towards the fifteen (15) month period.
- The Employer will not rely on or refer to adverse comments on a performance appraisal if subsequent appraisals do not show a continuation of the problem fifteen (15) months after the occurrence of the original problem.
- A copy of each performance appraisal shall be given to an employee upon request, and a copy shall be placed on his or her file.
- An employee who objects to his or her performance appraisal may elect to attach a statement to the document setting out the details of any reasons for those objections and/or file a grievance at Stage 2 of the grievance procedure.
- The Employer shall provide an employee with written reasons for any disciplinary action, and with a copy of any adverse report. Any reply by the employee shall become part of the employee’s record.
ARTICLE 11 – SENIORITY
11.01 Seniority, as referred to in this Agreement, shall mean length of continuous service in the bargaining unit from the last date of hire in the employ of the Employer and shall be on a bargaining unit-wide basis.
Seniority for full-time employees shall be defined as length of continuous service in the bargaining unit with the Employer since the date of last hire, which is based on nineteen hundred and fifty (1950) hours, which equals one (1) year. Seniority for part-time (and temporary) employees shall accumulate seniority on the basis of hours worked since last date of hire, which is based on fifteen hundred (1500) hours, which equals one (1) year. A part-time or casual employee may not accumulate more than fifteen hundred (1500) hours in a twelve (12) month period.
11.02 A seniority list will be maintained and posted on the Union bulletin boards. The lists shall be updated every six (6) months and a copy of each list shall be supplied to the Union at the time of initial posting and subsequent revisions.
11.03 Where an employee moves from full-time status to part-time status or vice-versa, she shall retain the accumulated seniority attained at the date of transfer and accumulate future seniority in accordance with the new status.
11.04 All new employees shall be hired on a probationary basis for a period of three (3) calendar months and the Employer may elect to extend that period for a period of up to an additional three (3) calendar months for further evaluation.
The release of a probationary employee shall not be subject to the grievance process, unless the employee is released for reasons which are discriminatory or in bad faith.
Upon successful completion of the probationary period, an employee will be credited with seniority from date of hire and such seniority shall have application in accordance with the provisions herein.
11.05 Accumulation of Seniority
- An employee shall retain and accrue service and seniority when absent from work under the following circumstances:
- approved leave of absence with pay;
- when absent due to illness, injury, or disability, resulting in sick leave, WSIB benefits or LTD benefits;
- when absent on leave legislated by the Employment Standards Act (i.e. pregnancy, parental, family medical leave, personal emergency);
- leave of absence without pay, which does not exceed a total of twenty (20) days in a calendar year;
- when on approved Union leave.b) An employee shall retain but not accrue service and seniority when absent from work under the following circumstances:
- leave of absence except as provided in (a) ii, iii and iv) that is approved and granted without pay.
- An employee shall lose his seniority under the following circumstances:
- when he/she resigns or retires from her employment;
- is discharged for just cause and is not reinstated under the provisions of the grievance and/or arbitration procedures herein;
- is absent from work for a period of five (5) consecutive working days without leave and without giving a reason satisfactory to the Employer except for reasons beyond the employee’s control;
- fails to return to work within five (5) working days of being notified to do so while on layoff or such longer period of time as may be agreeable to the Employer;
- is on layoff for a period longer than twenty-four (24) consecutive months.
- If any provision of this Article 11 is found to conflict with the Human Rights Code, the parties shall be bound by the Code and shall amend this Article to the extent required.
ARTICLE 12 – JOB SECURITY, LAYOFF AND RECALL
- 01 A layoff is defined as a temporary or permanent reduction in the regular hours of work of a full-time or part-time employee.
- 02 a) In the event of a layoff of a permanent or long-term nature, the Employer will provide affected employee s with no less than ninety (90) days’ notice or pay in lieu of notice. The Employer agrees to provide ninety (90) days’ notice to the Union to meet with the Union during this time period, if requested, to discuss means of avoiding the layoff.
- Such meeting will review the following:
- the reasons causing the layoff;
- the services the Employer will undertake after the layoff;
- alternatives to layoff;
- the method of implementation; and
- ways the Employer can assist employee s to find alternative employment12.03 Layoffs shall be carried out by reverse order of seniority, provided that the senior employees are able to perform the normal requirements of the work. 12.04 An employee given notice of permanent layoff shall, within seven (7) days of being informed of the layoff, advise the Employer whether he/she will: a) accept the layoff and retain recall rights, or b) accept the layoff, work the notice period, orc) displace an employee with lesser seniority provided that the senior employee is able to perform the normal requirements of the job.
12.05 Continuation of Benefits
In the event of a layoff, the Employer will continue the employee’s insured benefits provided that the terms and conditions of the workplace benefit plan allow continuation, as follows:
a) to the end of the month in which the layoff occurs, or the statutory notice period, whichever is later. Benefits will be continued with the same Employer/Employee cost sharing of premiums that was in effect at the time of notice of layoff.
b) for up to a further twelve (12) months following the period of time noted above in (a), provided the employee informs the Employer of his/her intent to do so at the time of the layoff. The employee is responsible for paying 100% of the billed premiums.
The employee must make payments to the Employer for his/her share of benefits by the 1st day of each month of coverage. On default, the Employer may allow such benefits to lapse.
12.06 Volunteer Layoff
Subject to the conditions outlined in this Article, an employee who has not received a layoff notice may offer to be laid off and give up his/her job for possible redeployment of an employee who has received notice of layoff. Such employee shall advise the Executive Director in writing of his/her desire to make an offer of voluntary layoff. Approval of a request for voluntary layoff is made at the discretion of the Employer. The position of an employee making an offer under this Article will be considered to be a vacancy for redeployment of an employee who has received notice of layoff, provided the employee originally subject to layoff is able to perform the work of the position with only a reasonable period of familiarization, as may be agreed upon by the parties.
12.07 Temporary Work
Employees on layoff shall be given preference for temporary work for which they are qualified. An employee who has been recalled to such temporary work or temporary vacancy shall not be required to accept the recall and may instead remain on layoff, if the temporary work is not regular, and is not at least 50% of their pre-layoff earnings.
12.08 Information to Employee Employer Relations Committee
As deemed appropriate, the Employer will provide the employee Employer Relations Committee with pertinent financial, vacancy, redeployment and staffing information and will review any proposals for reorganization which impact on the bargaining unit.
Employees who are laid off shall be placed on a recall list and shall retain, but not accrue seniority for twenty-four (24) months.
The Employer shall recall employees in order of their seniority to vacant bargaining unit positions for which she can perform the required work for a period of twenty-four (24) months from the date of layoff. Notice of recall shall be sent by registered mail to the last known address of the employee, who shall respond to the recall notice within seven (7) days of receipt of notice.
It shall be the responsibility of the employee to keep the Employer informed of the employee’s current address. If any employee fails to do this, the Employer will not be responsible for a failure of a notice to reach an employee.
No new employees shall be hired until all those on recall have had the opportunity to be recalled.
12.10 Severance Pay
Employees are entitled to one (1) week of severance pay for each year of service.
ARTICLE 13 – TECHNOLOGICAL CHANGE
13.01 The Employer undertakes to notify the Union in advance, so far as practicable, of any technological changes which the Employer has decided to introduce which will significantly change the status or working conditions of employees within the bargaining unit.
13.02 The Employer agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse effect, if any, upon employees concerned.
13.03 Employees will be given notice of the impending change in employment status and/or working conditions at the earliest possible time.
13.04 Where new or greater skills are required, employees shall be given a period of training to acquire the skills necessary for the new method of operation. There shall be no reduction in normal earnings during the training period of any such employee. Training shall be given during the hours of work.
ARTICLE 14 – POSTING AND FILLING OF VACANCIES
- When a vacancy occurs or a new position is created inside the bargaining unit, the Employer shall notify the Union in writing and post notice of the position on the bulletin board mutually designated for this purpose. 14.02 The posting shall be placed on all bulletin boards, and members will be advised by other recognized employee communications tools, including email. The posting shall contain: i) the job title and overview of key responsibilities of the job; iii) the reporting line and supervisory structure; v) the qualifications and experience required to perform the job, including any language requirements.
- iv) the hours of work and rate for the job; and
- ii) the location of the position, if applicable;
- The posting shall clearly indicate the deadline date for the application and the location or person to whom applications shall be made. The posting period shall be for not less than ten (10) working days from date of posting.
- Within two (2) weeks of the deadline for applications, the Employer shall select the bargaining unit candidate(s) for interview. Within a further two (2) week period, interviews shall take place and a final selection of the successful candidate shall be made. Immediately following selection, all other candidates shall be informed in writing that they were not selected. The Union shall be provided with a list of all the names of the successful and unsuccessful candidates that are members of the bargaining unit.
- If the successful candidate is a member of the bargaining unit, he/she shall be placed on a three (3) month trial period upon starting the new position. During this period, the employee may elect to return to his/her former position. If the Employer decides that the successful candidate is not performing the normal duties of the position adequately, assistance will be provided to the employee to become familiar with the position. In the event the Employer decides within the three (3) month trial period that the employee cannot adequately perform the normal duties of the position, the employee will be returned to the employee’s former position. In such cases, the affected employee may elect to grieve management’s decision as to the adequacy of performance on the posted job.
- Notwithstanding the foregoing, but subject to Article 14.08, the Employer may seek applicants from outside the bargaining unit concurrently with the aforementioned processes.
- Any employee on an approved absence shall be entitled to make application for the vacancy through any other employee acting on their behalf.
- In all cases of posting and filling of vacancies, the Employer shall select the senior qualified candidate from among the applicants in the bargaining unit who are able to perform the normal requirements of the posted position.
- The Union may, in writing, waive the Employer’s obligation to comply with the terms set out in this Article.
14.10 Temporary Positions
- A temporary position is one that provides a specific replacement for an employee on pregnancy/parental leave or another leave of absence with a pre-defined duration or a position to complete a project of a special or non-recurring nature.
- Unless there are emergencies or extenuating circumstances, postings for such positions shall be for no less than five (5) working days and selection shall take place within five (5) working days of the expiry of the posting.
- The trial period provided in Article 14.06 shall not apply in the case of temporary positions.
- All other conditions of Article 14, Posting and Filling of Vacancies shall apply.
- On expiry of the temporary posting, the employee shall return to their former position with no loss of entitlements to increments etc.
ARTICLE 15 – HOURS OF WORK
15.01 The normal hours of work for a full-time employee shall be thirty-seven and one half (37.5) hours per week or seventy five (75) hours per two (2) week period. It is understood that a week is from Monday to Friday. Upon mutual agreement, an employee may choose to work on a Saturday. There will be a one-half (1/2) hour unpaid meal break plus two (2) fifteen (15) minute paid breaks each day. Employees will have the flexibility to adjust their breaks as long as they do not interfere with clinical requirements. Unused paid breaks may not be banked or used at the end of the workday, unless there is mutual agreement.
- The normal hours of work for a part-time employee shall be thirty-seven and one half (37.5) hours over a two (2) week period. It is understood that a week is from Monday to Friday. Upon mutual agreement, an employee may choose to work on a Saturday. Schedules will be determined by mutual agreement while considering operational needs. There will be a one-half (1/2) hour unpaid meal break for each five (5) hours of consecutive work and one (1) fifteen (15) minute paid break for each full half shift each day, to a maximum of two (2) paid breaks per day. Employees will have the flexibility to adjust their breaks as long as they do not interfere with clinical requirements. Unused paid breaks may not be banked or used at the end of the workday, unless there is mutual agreement.For the purposes of this section, a half-shift equals three-and three quarters (3.75) hours of continuous work.
- The Employer agrees to grant reasonable lieu time off for all hours worked in excess of thirty-seven and one-half (37.5) hours worked per week. Other than in the case of an emergency, lieu time must be authorized in advance by the Employer. Where such authorization cannot be obtained in advance, the employee must notify the Employer no later than the following scheduled workday that lieu time has been taken. Extra hours are accumulated on the basis of one and one-half (1.5) hours for each additional hour worked. Lieu/ compensating time should be taken as soon as possible following the period in which overtime was worked. Employees may not accumulate more than fifty-six and one-half (56.5) hours of compensating time over a one (1) year period. Compensating time shall be taken at a time agreeable to both the employee and the Employer and shall not exceed seven and one-half (7.5) hours during any given work week.
- Attendance at meetings or seminars that are required by the Employer outside of normal working hours shall be recognized as time worked. Additionally, travel time with respect to such meetings or seminars outside of normal working hours shall be considered time worked for all purposes.
- The schedule of hours of work, rest period and unpaid meal breaks must comply with the Employment Standards Act except as exceeded by this Agreement.
The Union and the Employer recognize that due to the nature of this work, flexibility in a workday may be required.
- Upon request of an employee and mutual agreement of the parties, employees may flex their work schedule while maintaining a thirty-seven and one-half (37.5) hours per week schedule for full-time employees, and a thirty-seven and one-half (37.5) hours over a two (2) week period for part- time employees.
- Employees may request to work from home; these requests shall be granted at the Employer’s discretion.
ARTICLE 16 – STATUTORY HOLIDAYS
16.01 The Statutory Holidays recognized by the Employer will be as follows:
New Year’s Day
16.02 If any of the above holidays fall or are observed during an employee’s vacation or on a scheduled day off, the employee shall receive another day off with pay to be scheduled at a mutually agreed upon time between the employee and the Employer.
- Should a designated holiday fall on a Saturday or Sunday, the Family Health Team is closed the following work day.
- Part-time employees are paid for each holiday according to the Employment Standards Act.
- If, during the life of the Collective Agreement, a Statutory Holiday is declared by the Provincial government, such holiday shall be included in the list of designated holidays.
ARTICLE 17 – LEAVES OF ABSENCE
17.01 Subject to the terms of the benefit plans, an employee shall be allowed to continue enrolment in all employee benefit plans at the employee’s own expense while on an unpaid leave of absence.
17.02 Union Leave
a) The Employer shall grant leave of absence without pay to attend Union functions provided that this leave does not unduly interfere with the operations of the Employer. Such leave will not be unreasonably withheld. In requesting such leave of absence for an employee(s), the Union must give at least five (5) calendar days’ notice in writing to the Employer. During such leave of absence, the employee’s salary and benefits shall be maintained by the Employer and reimbursed by the Union. The cumulative number of days of leave under this Article shall not exceed ten (10) days.
b) When an employee is elected or appointed to a full-time position with OPSEU, the Employer shall grant a leave of absence without pay or loss of seniority and with continuation of benefit coverage paid by OPSEU for the duration of such leave. At the end of the assignment, the employee shall, upon four (4) weeks’ notice, be returned to the position held immediately prior to the commencement of the leave or to a comparable position with no decrease in pay should the original position be eliminated.
c) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as an Executive Board Member of the Union. The Union will reimburse the Employer for the salary and benefits paid to the employee.
17.03 Emergency Leave
In addition to sick leave, employee s are entitled to emergency leave without loss of pay, benefits or credits, upon written request and at the discretion of the Employer, to a maximum of two (2) days per fiscal year. Such request shall not be unreasonably denied. These cannot be carried over to the next year.
The Employer may grant further leave of absence without pay for personal reasons to full-time and part-time employees in each calendar year. The request for leave of absence shall be in writing, in advance whenever possible, and such request shall not be unreasonably denied.
Employees must notify the Executive Director that they are taking an emergency leave of absence. If notice cannot be given prior to taking an emergency leave, the employee must notify the Executive Director as soon as possible after the start of the leave.
All rights and benefits (i.e. seniority) will continue on emergency leave.
17.04 Family Medical Leave
An employee may take an unpaid leave up to eight (8) weeks (in a 26-week period) to provide care or support for any person as prescribed by the Family Medical Leave provisions and Regulations 476/06 of the Employment Standards Act, 2000.
Although two (2) or more employees may qualify for the leave, the eight (8) weeks of leave must be shared between all eligible employees.
Employees may be eligible for Employment Insurance benefits during this unpaid leave.
All rights and benefits will continue while on Family Medical Leave.
17.05 Personal Days
In addition to sick leave, all full-time and part-time employees are entitled to four (4) non-consecutive personal days per year without loss of pay, benefits or credits. Days off shall correspond to the employee’s normal average day.
17.06 Professional Development and Educational Leave
Continuous professional development is an important part of on-going quality improvement at the Connexion Family Health Team. The parties agree that professional development includes a diverse range of activities, including but not limited to formal academic programs, short-term continuing education activities, in-house education and training, certification programs and attendance or participation in relevant conferences.
By mutual agreement, an employee’s work schedule may be modified to accommodate professional development within normal business hours.
The Employer will therefore endeavour to budget funds to enable each employee in the bargaining unit to participate in professional development in an equitable manner.
Prior to attending an educational event, an employee may request, in writing:
- paid time to attend the event; and
- reimbursement for costs including mileage, meals and registration.Upon three (3) months’ written notice, the Employer agrees to grant leaves of absence without pay to employees for a one (1) year period of sabbatical leave provided that an employee has completed five (5) years of service with the Employer. During such leaves, seniority will not accrue, but the employee will retain service and seniority for all purposes upon his/her return. Such leave will be granted at the discretion of management provided operationally feasible. Such leave shall not be unreasonably denied.
17.07 Bereavement Leave
An employee who would otherwise have been at work shall be entitled to:
a) five (5) days absence with pay in the event of the death of a spouse, child or parent or step-parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandparent of spouse, or grandchild.
b) three (3) days absence with pay in the event of the death of an aunt, uncle, niece or nephew.
At the discretion of the Employer, which permission shall not be unreasonably denied, one (1) day absence with pay in the event of death of a friend or a significant other for the purpose of attending the funeral.
c) an employee who requires additional time off may arrange with the supervisor for vacation, lieu time or leave without pay.
e) common law or same sex relationship trigger all entitlements.
f) all Employer benefits and service entitlements continue to accrue during this leave.
17.08 Jury Duty and Witness Leave
Where an employee is subpoenaed in a matter pertaining to employment on their time off, the employee shall be paid at the applicable rate of pay.
17.09 Pregnancy, Adoption and Parental Leaves
i) Pregnancy Leave
The Employer shall grant an employee a pregnancy leave in accordance with the provisions of the Employment Standards Act, 2000.
ii) Parental Leave
The Employer shall grant an employee a parental leave in accordance with the provisions of the Employment Standards Act, 2000.
iii) Subject to any changes to the employee ’s status which would have occurred had he/she not been on parental leave, the employee shall be reinstated to his/her former duties, on the same shift, in the same department, and at the same rate of pay.
iv) During the above-listed leaves, the employee’s insured benefit coverage shall continue and vacation credits shall accumulate. If the leave of absence is extended beyond thirty-five (35) weeks by mutual agreement of the Employer and the employee, the employee shall pay the cost of benefits for the period of the extension.
17.10 Time Off to Vote
The Connexion Family Health Team encourages all employees to participate in the electoral process, including all municipal, provincial, and federal elections.
To ensure that employee s have adequate time to exercise their franchise to vote, the Family Health Team will not prevent the employee s from having four (4) consecutive hours free to vote during the hours the polls are open.
ARTICLE 18 – SICK LEAVE
18.01 Full-time employees will be granted a bank of twelve (12) sick days per year without loss of pay or credit. Part-time employees will be granted sick leave days prorated, based on hours worked.
18.02 Unused sick credits will be carried forward from one year to the next.
18.03 Workplace Safety and Insurance
Where an employee is absent by reason of an illness or injury for which a claim is made to the WSIB, his/her salary shall continue to be paid. If an award is made, any amounts paid by the Employer shall be reimbursed to the Employer by the employee.
Where an employee receives an award from the WSIB, the Employer agrees to maintain premium coverage for insured benefits provided in the Collective Agreement and shall maintain participation in any group RRSP plan.
The employee shall continue to accumulate seniority during the period covered by the award.
ARTICLE 19- VACATION
19.01 Employees shall be entitled to vacations with pay in accordance with the following schedule.
Years of Service: Vacation entitlement:
Less than 1 year service 1.25 days per month
From 1 to end of 3 years 3 weeks
From 4 to end of 8 years 4weeks
From 9 to end of 14 years 5 weeks
From 15 years and over 6weeks
19.02 The vacation entitlement year is April 1 to March 31.
19.03 Part-time employees accumulate vacation time on a prorated basis, according to the number of hours worked each month.
19.04 Claim for recent related experience, if any, shall be made in writing by the employee at the time of hiring on the application for employment form or otherwise. The employee shall cooperate with the Employer by providing verification of previous experience.
19.05 Managing Vacation Time
All vacation requests shall be submitted to the Executive Director as soon as possible in writing. Employees may carry over no more than five (5) days’ vacation to the following vacation entitlement year.
If two or more employees request the same periods, years of service will be the deciding factor.
Where an employee’s scheduled vacation is interrupted by an illness or injury, then sick leave shall be substituted for vacation.
In the event that an employee terminates employment, any remaining vacation pay earned shall be paid out to the employee.
It is understood that at no time shall vacation be forfeited because an employee was unable, due to extenuating circumstances beyond his/her control, to have their vacation entitlement scheduled or used.
ARTICLE 20 – EXPENSES
a) All travel for work purposes will be reimbursed and calculated from the home office as a starting point. When an employee is required to travel to multiple sites, he/she shall be reimbursed for mileage from his/her home office or residence, whichever is the lesser of the two. Mileage shall be reimbursed at a minimum rate of forty-two cents (42¢) per kilometer.
b) The Employer shall reimburse the employee for legitimate parking expenses incurred during work-related travel and in the performance of his/her duties.
20.02 Miscellaneous or General Expenses
Estimates for expenses incurred while performing job functions must be submitted in writing prior to purchasing any goods or services. Employees will be reimbursed only for pre-approved out-of-pocket expenses such as the following but not limited to:
- Transportation costs;
- Reasonable meal expenses (according to Ministry guidelines); and
- Any other reasonable cost as approved by the Executive Director.
ARTICLE 21 – INSURED BENEFITS
21.01 For the duration of this Collective Agreement, the Employer will provide all employee s with the following insured benefits as described in the Group Policy Number 280314: Basic Life insurance, Accidental Death and Dismemberment and Specific Loss, Long-Term Disability, Health Care, Dental Care and Spousal Life insurance, Accidental Death and Dismemberment insurance, Long-Term Disability, Extended Health, and Dental care.
All eligible employees in the active employ of the Employer must apply to be enrolled in the following benefit plan.
a) Employee Life Insurance and Accidental Death, Dismemberment and Specific Loss (Principal Sum);
b) Long-Term Disability (LTD) Benefits;
c) Health Care; and
d) Dental Care.
21.02 All premiums for the listed benefits will be paid 100% paid by the Employer.
The Employer reserves the right to change the provider of these benefits so long as the level of benefit coverage is not decreased.
ARTICLE 22 – PENSION
The Employer shall make a matching contribution, up to a maximum of three percent (3%) of the employee’s wages, to an employee’s Registered Retirement Savings Plan upon being provided with a statement from the employee’s financial institution showing that the contribution was made. The Employer’s contribution shall be made directly into the employee’s RRSP account no later than April 30 of the year following the end of the tax year with respect to which the contribution was made.
The Union will be consulted on matters relating to the Pension Plan through the Employer/Employee Relations Committee described in Article 7.05 b).
ARTICLE 23 – WAGES
23.01 The wages will be as set out in Appendix B attached to and forming part of the Collective Agreement.
23.02 When a new classification within the Bargaining Unit is established by the Employer, or the Employer makes a substantial change in the job content of an existing classification which, in reality, causes such classification to become a new classification, or where an employee alleges he/she has been improperly classified, the Employer shall advise the Union of such new or changed classification and the rate of pay established. If requested, the Employer agrees to meet with the Union to review the appropriate rate of pay, providing any such meeting shall not delay the implementation of the new classification. Where the Union challenges the rate of pay established by the Employer and the matter is not resolved following any meeting with the Union, a grievance may be filed at step two of the grievance process.
23.03 The Employer shall notify potential employees that they may make a claim, in writing, for recent related experience. Upon providing verification, salaries and vacation entitlements will be adjusted accordingly.
ARTICLE 24 – DURATION
- This Agreement shall come into effect April 1, 2012 and shall continue in effect until March 31, 2014 and from year to year thereafter unless either party gives notice to the other party, in writing, within ninety (90) days prior to the expiry date of its desire to terminate or amend this Agreement.
- On receipt of such notice by either party, the two parties shall meet and bargain in good faith to reach a renewal agreement. Negotiations shall commence within fifteen (15) days of such notice or as otherwise agreed.
- All Letters of Understanding and appendices are part of this Agreement and subject to all of its terms.24.04 Notwithstanding the foregoing, none of the terms of the Collective Agreement shall be applied retroactively from the date of ratification. For the Union For the Employer_______________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ _______________________________
- SIGNED AND DATED AT OTTAWA THIS __ DAY OF ______________, 2012.
APPENDIX A: SUMMARY OF BENEFITS
(Note: for a more detailed list of benefits, please refer to the benefit booklet)
Health and Welfare Benefits OPSEU – Division
Basic Life Insurance
|Accidental Death and Dismemberment|
|Details||100% or annual earnings to a maximum of $750,000 reducing by 50% at age 65.
Any amount of employee Basic Life Insurance over $135,000 is subject to approval of evidence of insurability.
|75% of the first $1250 of monthly earnings plus 58% of the next $3750 of monthly earnings, plus 48% of the remainder to a maximum of $15,000 or 85% of your pre-disability take home pay whichever is less.
Any amount of LTD insurance over $2800 is subject to approval of evidence of insurability.
Benefit period is up to age 65, non-taxable.
|Per prescription deductible, applicable to in-Canada drug expenses:
For prescription drugs – none
Calendar year deductible:
For global medical assistance: none
For in-Canada ambulance and hospital: none
For all other health care expenses
– Individual: none
– Family: none
– Global medical assistance: 100%
– Out of country care: 100%
– In-Canada ambulance and hospital: 100%
– Prescription drugs: 80% *(when provided in Canada) to your plan maximum as determined our 3rd party provider, Emergis Inc.
– For all paramedical/ other health care expenses: 80%
|Calendar year deductible: none
For all other expenses individual and family: none
– Dental accident coverage; 100%
– Basic Coverage: 80%
– For dental accident: unlimited
– For basic coverage: $1000 per calendar year.
|An amount equal to your Life Insurance|
APPENDIX B: SALARIES
Social Worker (MSW)
LETTER OF UNDERSTANDING # 1
Connexion Family Health Team
The Ontario Public Service Employees Union and its Local 4101
Re: Vacation and Wage Entitlements
The parties agree that, at the date of ratification, all current employees will have their salaries adjusted to the top of their salary schedules. It is further agreed that all current employees will have their previous work experience recognized for the purpose of vacation entitlements, as set out in the list below.
It is understood that no employee currently paid above the top salary will receive a reduction. It is also agreed that employees who are not being paid according to their classifications will have their salaries adjusted as per the provisions noted above.
It is understood that all rights and entitlements for newly-hired employees shall be in accordance with the provisions of this Collective Agreement.
SIGNED AND DATED AT OTTAWA THIS __ DAY OF ______________, 2012.
For the Union For the Employer
LETTER OF UNDERSTANDING # 2
Connexion Family Health Team
The Ontario Public Service Employees Union and its Local 4101
Re: OPSEU Broader Public Service Pension Plan
The parties agree that representatives of the OPSEU Broader Public Service Pension Plan will be invited to meet with representatives of the Employer to explain and have meaningful discussion regarding the within six (6) months of ratification of the first Collective Agreement, or as otherwise agreed.
On mutual agreement of the parties, the Employer may enroll in the OPSEU Broader Public Service Pension Plan. Such enrollment shall result in the amendment of Article 22 of this Agreement to reflect the terms, conditions and other requirements associated with enrollment in the OPSEU Broader Public Service Pension Plan.
SIGNED AND DATED AT OTTAWA THIS __ DAY OF ______________, 2012.
For the Union For the Employer
LETTER OF UNDERSTANDING # 3
Connexion Family Health Team
The Ontario Public Service Employees Union and its Local 4101
Re: Additional Salary and Mileage Compensation
The parties agree that if additional salary or mileage compensation dollars become available during the term of the Collective Agreement, the Employer will meet with the Union to determine the distribution of the available salary dollars. For the purposes of this Letter of Understanding, the parties agree that a meeting of the Employer/
Employee Relations Committee shall be convened during the month of February, or at some other time as agreed by the parties, of each year of this Collective Agreement. Failing an agreement, the parties agree to submit the matter to arbitration in accordance with the arbitration provision of the Collective Agreement
SIGNED AND DATED AT OTTAWA THIS __ DAY OF ______________, 2012.
For the Union For the Employer
EMPLOYEE WEEKS OF VACATION
Sherri MacEwen 30 days
Peggy Florack 30 days
Ginette Brunet 30 days
Kerry Raycraft 30 days
Kate Anderson 20 days
Josette Cattan 20 days
Catherine Kyeremanteng 15 days (pro-rated)
Anthony Aiello 20 days (pro-rated)
Sylvie Dumas 20 days