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Aboriginal Health & Wellness Centre

THIS COLLECTIVE AGREEMENT

 

BETWEEN:

 

ABORIGINAL HEALTH AND WELLNESS CENTRE OF WINNIPEG, INC.,
HEREINAFTER referred to as the “Centre” in the First Part,

– and –

THE MANITOBA ASSOCIATION OF
HEALTH CARE PROFESSIONALS

 

HEREINAFTER referred to as the “Association” in the Second Part

FOR THE PERIOD

April 1st, 2014 to March 31st, 2018

PDF VERSION

Introduction

PREAMBLE

This Collective Agreement has been negotiated with the
Aboriginal Health & Wellness Centre of Winnipeg, Inc. in
accordance with the Organizational Mission and
Operating Principles of the Centre with particular
reference to its Mission Statement as follows:

The Aboriginal Health & Wellness Centre is committed to
offering a continuum of holistic and contemporary healing
resources to the Aboriginal community of Winnipeg, and
will be guided by respect for the circle of life.

The Centre and the Association have agreed to enter into
a Collective Agreement containing terms and conditions
of employment for employees of the Centre and, with the
above in mind, agree with each other as follows:

Articles

ARTICLE 1 - SCOPE AND APPLICATION OF AGREEMENT

101 The Centre recognizes the Manitoba Association
of Health Care Professionals as the sole and
exclusive collective bargaining agent for all
employees of the Aboriginal Health and
Wellness Centre of Winnipeg, Inc. covered
under Manitoba Labour Board Certificate No.
MLB 5372 issued in accordance with the Labour
Relations Act by the Manitoba Labour Board on
the nineteenth day of February 1998 or
subsequent amendments thereto.

 

102 If the Centre and the Association disagree as to
whether a person is an employee within the
terms of the Labour Relations Act and
appropriate for inclusion within this Agreement,
then either or both parties may refer the matter
to the Manitoba Labour Board for determination.

 

103 If the Manitoba Labour Board rules that such a
person is an employee within the terms of the
Labour Relations Act and appropriate for
inclusion in this agreement, then the Centre and
the Association agree to meet forthwith to
negotiate the classification and/or salary range
for the position occupied by said employee, for
inclusion into the agreement. If the Centre and
the Association are unable to reach an
agreement on the classification and/or salary
range, then either or both of the parties may
refer the matter to Arbitration as provided for in
the Collective Agreement.

 

104 No employee shall enter into any separate
agreement which conflicts with the provisions
herein.

ARTICLE 2 – DEFINITIONS

201 Where the context so requires, masculine and
feminine terms or singular or plural terms shall
be considered interchangeable.

 

202 Board means the Board of Directors of the
Aboriginal Health and Wellness Centre of
Winnipeg, Inc.

 

203 Centre means the Aboriginal Health and
Wellness Centre of Winnipeg, Inc.

 

204 Employee means a person employed by the
Centre in a position which is included in the
bargaining unit.

 

205 Executive Director means the person designated
by the Board of Directors to manage the overall
operations of the Centre.

 

206 Fiscal Year means the period of time from April
1st of any one year to March 31st of the year
immediately following.

 

207 Director of Programs means the person
designated by the Board/Executive Director to
manage the day-to-day activities of the Health &
Wellness Centre’s social support programs. This
person shall report directly to the Executive
Director.

 

208 Director of Wellness means the person
designated by the Board / Executive Director to
manage the day-to-day activities of the Health &
Wellness Centre’s clinical operations. This
person shall report directly to the Executive
Director.

 

209 Director of Services means the person
designated by the Board/Executive Director to
manage the day to day activities of the Health &
Wellness Centre’s Ni-Apin program. This person
shall report directly to the Executive Director.

 

210 Assistant Director means the person
designated by the Board/Executive Director to
oversee the Human Resource function of the
AHWC and to assist the Executive Director in
managing the overall operations of the Centre.

 

211 Authorized overtime shall mean overtime
authorized by the Employer and where the
term overtime is used in this Agreement, it
shall mean authorized overtime.
Except for what is specifically provided within
this collective agreement including Employee
Requested Schedule Adjustments (ERSA)
hours, travel and training hours as referenced
in Article 10, overtime shall mean hours
worked in addition to the regular daily hours
worked.

 

212 Actual Service – is defined as all hours worked
for during employment with the said employer.

 

213 Anniversary Date – Annual date that
corresponds with the employee’s original date
of hire, which determines the date in which the
employee shall receive their annual
increment/salary step.

 

214 Date of Hire- Date upon which the employee
was initially hired, this date shall be used in
determining the anniversary date in which
increments will be received.

 

215 Increment – the progression of salary/wage on
the classification scale in Appendix A.

ARTICLE 3 - EMPLOYMENT STATUS

301 All employees will be advised of their
employment status, in writing, at the time of their
hire and at the time of any subsequent change
to their employment status.

 

302 Probationary Employee – means an employee
who has not completed the equivalent of three
(3) months continuous full-time (487.5 hours) or
part-time employment, or whose probation has
been extended for just cause by not more than
three (3) additional months equivalent FT
employment or full time hours (487.5 hours) and
who may be dismissed without recourse to the
grievance procedure. If the probationary period
is extended, the employer will notify the
employee in writing of the reason(s) for the
extension, with a copy to the Association.

 

303 Full-time employee – means an employee who is
scheduled on a regular, ongoing basis to work
the regular hours as described in Article 9. A fulltime
employee is covered by all provisions of
this Agreement unless otherwise specified.

 

304 Part-time Employee – means an employee who
regularly works less than the hours of work as
set out in Article 9, on a recurring basis. Parttime
employees shall be covered by all
provisions of this Agreement unless otherwise
specified, and will receive a pro-rata share of all
applicable benefits.

 

305 Casual Employee -means an employee who is
called in occasionally by the Employer to:

(a) replace a full-time or part-time employee, or

(b) to supplement regular staff coverage in
situations of unforeseen staff shortages

The terms of this Collective Agreement shall not
apply to casual employees except as provided
below.

(a) Casual employees shall receive vacation pay
calculated at the rate of six percent (6%) of
hours worked in any given biweekly period.

(b) Casual employees shall be paid not less
than the start rate or more than the end rate
of the position to which they are assigned.

(c) Casual employees required to work on a
statutory holiday, identified in Article 1501
(a), shall be paid at the rate of time and one
half (1.5 X) their basic rate of pay.

(d) Casual employees shall be entitled to
compensation for overtime worked in
accordance with Article 10 (Overtime).

(e) Casual employees are not guaranteed any
specific number of hours of work. The
provisions of the hours of work article
respecting meal periods and rest periods
shall apply to casual employees. In the event
that no wage payment is made during any
pay period, the Employer shall have no
responsibility to deduct or submit dues for
that pay period.

(f) The Employer agrees to deduct Association
dues from casual employees in accordance
with Article 19 (Association Security).

(g) Articles 21 and 22, Grievance and Arbitration
contained in the Collective Agreement apply
to casual employees only in respect to
matters of this Article.

(h) Casual employees shall accrue seniority for
hours worked only for the sole purpose of
applying for a job posting relative to other
casual employees and only where there are
no qualified full-time or part-time applicants
currently in the bargaining unit. The seniority
hours accrued during the period of casual
employment shall not be carried over to
employment in a permanent or term position.

(i) A casual employee shall be provided with an
increment following the accumulation of the
equivalent of one year full time service (one
thousand, nine hundred and fifty (1950)
hours of actual service from either their initial
date of hire or promotion, or from the date of
their last increment within their classification.
Such increment shall be applied on the first
day of the first pay period following
completion of the full-time equivalent hours.

(j) A casual employee reporting for work as
requested by the Employer and finding no
work available shall be granted three (3)
hours pay at her basic rate of pay or
assigned work within their department for
three (3) hours

 

306

(a) Term Employee – means an employee engaged
for a fixed period of time or until completion of a
particular project or special assignment. A term
employee shall not be engaged for a period
greater than fifty-four (54) weeks unless mutually
agreed by the Association and the Employer.
(This provision shall not apply in situations
where an employee is absent indefinitely due to
illness, injury.) In these cases, the maximum
duration of such leave and the maximum
duration of the term of employment to replace
that employee shall be twenty-four (24) months.
Such employee is covered by the terms of this
Agreement.

For situations related to illness and/or accident,
the Employer shall state on the job posting that
the said term position will expire upon the return
of the current incumbent to his position, subject
to a minimum of forty-eight (48) hours notice.
Any term positions directly resulting from the
above procedure will be posted in the same
manner.

For situations related to Maternity / Parental
Leave, the Employer shall state on the job
posting that the said term position is a “maternity
or parental leave of absence term” which may
expire sooner than indicated, subject to a
minimum notice of four (4) weeks. Any term
positions directly resulting from the above
procedure will be posted in the same manner.

 

(b) A term employee hired for a particular project or
special assignment may be required to complete
the term, project, or assignment for which she
was engaged before being considered for
another position within the bargaining unit. At the
conclusion of the term for which she was
engaged, the term employee shall be entitled to
exercise her seniority rights when applying for
vacant positions for which she is qualified.

(c) A term employee hired to temporarily replace a
permanent employee shall be entitled to
exercise her seniority rights to obtain a vacant
position for which she is qualified prior to the
expiration of her term.

(d) A term employee may not be eligible for transfer
during her probationary period.

(e) A term employee may be required to complete a
further probationary period up to a maximum of
three (3) months upon being awarded another
position within the bargaining unit.

(f) A term employee shall have no seniority rights in
matters of demotion, layoff and recall.

(g) A term employee who applies for or is awarded
a posted position prior to the end of her period of
term employment, shall have her service
connected for seniority purposes.

(h) A term employee shall not be terminated and rehired
for the purpose of extending the period of
temporary employment in the same position
without prior approval of the Association. Where
a term employee completes her term of
employment and is the successful applicant for a
different consecutive term position, it shall not be
deemed to be an extension of the original
temporary position.

ARTICLE 4 - CLASSIFICATIONS AND APPEALS

401 An employee shall have the right to request a
review of their classification, if they feel that the
duties of their position have been substantially
changed. The Centre will examine the duties
and responsibilities of the employee and render
a decision as to the validity of the request.

 

402 If the decision of the Centre is not satisfactory to
the employee, they may take the matter forward
as a grievance in accordance with the grievance
procedure.

 

403

(a) Registered Nurse – means a graduate of an
approved School of Nursing who is entitled to
practice under the Registered Nurses Act of
Manitoba.

(b) Licensed Practical Nurse – means a graduate of
an approved School of Nursing who is entitled to
practice under the Licensed Practical Nurses Act
of Manitoba.

(c) Social Worker – means a graduate of an
accredited school of Social Work
404 Any material revision to a job description shall
be discussed with the affected employee prior to
implementation. The Association shall also be
notified of these revisions, prior to their
implementation, and shall be provided with a
copy of the revised job description. Following
receipt of said revised job description, the
Association shall have thirty (30) calendar days
to present written concerns or objections to the
revised job description.

Where no written concerns or objections are
submitted to the Employer within that thirty (30)
calendar day period, such classification and
wage rate shall be considered approved and
shall form part of the Agreement.

ARTICLE 5 - MANAGEMENT RIGHTS

501 Except as otherwise expressly provided in this
agreement, the Centre has the right, authority
and responsibility to manage, operate and
generally regulate its facilities, affairs and
functions.

 

502 The Centre agrees to exercise its management
rights reasonably, in good faith, fairly, equitably,
and in a manner consistent with the Collective
Agreement as a whole.

ARTICLE 6 – SALARIES

601 The rates of pay for the various classifications in
the bargaining unit shall be as set out in the
attached Salary Schedule and shall form part of
this Agreement.

 

602 The anniversary dates for all full time and part
time employees shall be the actual
anniversary’s’ for their respective dates of
commencing employment. The center shall
provide payment of the increments on the pay
date immediately following the anniversary, but
adjusted on a per diem basis to the actual
anniversary date.

 

603 A part-time or casual employee shall be
provided with an increment following the
accumulation of one thousand, eight hundred
and twenty (1820) hours of actual service from
either their initial date of hire or promotion, or
from the date of their last increment within their
classification.

 

604 Increments will not be delayed due to a paid
leave of absence, or an unpaid leave of
absence of four (4) weeks duration or less.
An employee’s anniversary date for increment
purposes shall be delayed by one (1) week for
each week of unpaid leave of absence in
excess of four (4) weeks.

 

605 All employees shall be paid on a bi-weekly
basis every second Friday via direct deposit.
The payment received at that time shall include
earnings for the two (2) week period ending the
previous Friday.

 

606 In the event that a pay day falls on a statutory or
other holiday, as defined in the General Holiday
Article, employees shall be paid on the
preceding work day.

 

607 Salaries shall be quoted in terms of gross hourly
rate as per Salary the current Schedule.

ARTICLE 7 – SENIORITY

701 Seniority shall be defined as the total
accumulated regular paid hours from the last
date that the employee entered the bargaining
unit, recognizing that employees transferring
out of the bargaining unit and who later return,
will have their seniority bridged excluding the
time worked outside the bargaining unit.
Seniority shall include service accumulated
prior to certification.

 

702 The seniority of an employee will be retained
and continue to accrue if:

(a) the employee is on any period of paid
leave of absence;

(b) the employee is on any period of
employer paid income protection;

(c) the employee is on an approved
educational/cultural or traditional teachings
leave of absence up to two (2) years
duration;

(d) the employee is on any period of
approved unpaid leave of absence of four
(4) weeks or less;

(e) the employee is on lay off for a period of
eighteen (18) weeks or less;

(f) the employee is on approved maternity
and/or parenting leave of absence
totalling one (1) year or less;

(g) the employee is in receipt of long term
disability benefits for a period up to two
(2) years from the date of the first
absence from work;

(h) the employee is in receipt of Worker’s
Compensation benefits for a period of up
to two years.

 

703 The seniority of an employee will be retained
but will not accrue if the employee:

(a) is on any unpaid leave of absence in
excess of four (4) weeks;

(b) is on approved educational leave in
excess of two (2) years;

(c) is on lay-off for a period in excess of
eighteen (18) weeks but not more than
three (3) years.

(d) is in receipt of long-term disability benefits
in excess of two (2) years from the date of
the first absence from work;

(e) is in receipt of Worker’s Compensation
benefits for a period in excess of two (2)
years.

 

704 The seniority of an employee will terminate if:

(a) an employee resigns;

(b) an employee is discharged and not
reinstated in accordance with the
grievance procedure;

(c) an employee is laid-off for a period of time
exceeding three (3) years.

 

705 The Centre will prepare a seniority list at the
end of each calendar half. The seniority list will
contain the names of all employees, including
those employees currently in the process of
satisfying their initial probationary period, in
order of their seniority and will denote the total
number of seniority hours accumulated, as at
that date, for each employee. The seniority list
will be posted on a bulletin board within the
Centre and an electronic copy will be sent to
the Association.

ARTICLE 8 - JOB POSTING AND PROMOTION

801 Employees shall be given preferential
consideration in vacancy selection, including
promotions and transfers. Seniority shall be
considered a major factor in vacancy selection
providing the employee has the necessary
qualifications for the position and has
demonstrated acceptable performance within
their current position.

 

802 Promotion means a change of employment to a
higher classification within the scope of this
agreement. Upon promotion, an employee shall
be paid at the rate of the higher salary range that
provides the equivalent of at least one (1)
increment above their former salary.

 

803 The Centre agrees that all vacancies within new
or existing classifications within the scope of this
Agreement will be posted on the Centre’s
bulletin board(s) for a period of not less than five
(5) working days. The posting shall set out the
classification, position title (if applicable),
required qualifications, rate of pay, and current
and/or anticipated starting and quitting times. A
copy of the posting shall be made available to
the Association. Internal and external posting
may be posted concurrently.

 

804 The Centre shall consider applications from
those employees who are absent from the
workplace at the time of the position posting.
Employees who are absent, or will be absent,
and wish to be considered for vacancies shall
notify the Executive Director in writing, stating
the position(s) they would be interested in
applying for should a vacancy or new position
occur during their absence.

 

805 All promotions and voluntary transfers shall be
subject to a three (3) month trial period. During
this trial period, if it is deemed that the employee
is unable to satisfactorily perform the
requirements of the position, or if the employee
requests to revert voluntarily, they shall be
returned to their former classification without
loss of seniority. Any employee promoted or
transferred as a result of the initial promotion,
shall also revert to their former classification and
rate of pay or, if hired from outside the
bargaining unit, laid off.

 

806 Within seven (7) calendar days of the date of
appointment to a vacancy or newly created
position, the name of the successful applicant
shall be posted on the bulletin board for a
minimum of fourteen (14) calendar days. The
Association shall be provided with the name of
all successful applicants.

 

807 Upon submitting a written request, an employee
who applies for a position and is unsuccessful
shall be given the reasons in writing.

 

808 No employee shall be promoted to a position
outside the bargaining unit without their consent.
An employee who is promoted to a position
outside the bargaining unit, and who wishes to
return or is returned at the insistence of the
Centre, to the bargaining unit within three (3)
months following such promotion shall retain
seniority accumulated up to the date of
promotion and shall return to a position
consistent with that seniority.

ARTICLE 9 - HOURS OF WORK AND SHIFT SCHEDULES

901 Regular hours of work for full-time employees
will be:

(a) seven point seven five (7.75) consecutive
hours per day

(b) seventy-seven point five (77.5) hours per
biweekly period

 

902 The standard hours of work shall be 8:45 a.m. to
4:30 p.m., Monday to Friday, unless otherwise
agreed to between the Association and the
Centre or modified in accordance with Article
904.

 

903 Employees will be provided with a one (1) hour
lunch period forty-five (45) minutes to be paid for
by the employer per work day which shall be
scheduled at a time mutually convenient to the
Centre and the employee.

Two fifteen minute coffee/rest breaks, one in the
forenoon and one in the afternoon, will be
provided.

 

904 Should operational requirements necessitate a
change to either the standard hours of work 8:45
a.m. effective to 4:30 p.m.), where either the
starting or stopping time is shifted by greater
than one-half hour, and/or the normal work week
(Monday to Friday) the Executive Director shall
provide the Association and the affected
employees with ninety (90) calendar days written
notice prior to the planned implementation date
for said changes. The written notice shall
provide details regarding the nature, extent and
reasons for the proposed change(s) and the
Association and the Centre shall enter into
discussions, within fourteen (14) days of the
receipt of the notice, regarding the methods of
implementing the changes in an effort to
minimize the impact on affected employees.

Unless mutually agreed, no change to the work
day or work week will be implemented until the
notice period has expired.

ARTICLE 10 – OVERTIME

1001 Overtime shall mean any authorized time
worked beyond seven and one half (7 ½) hours
per day, or thirty seven point five (37.5) hours
per week.

 

1002 The Centre shall designate the manner in which
overtime is to be authorized. The overtime
authorization policy shall be put in writing and a
copy shall be forwarded to the Association. All
changes to this policy shall be communicated to
the Association prior to implementation.

 

1003 An employee shall not be required to alter their
scheduled hours of work to offset any overtime
worked.

 

1004 All time associated with professional
development and related travel outside of
standard working hours, which is funded by the
Centre, shall, for the purposes of this Article, not
be considered as overtime.

 

1005 The overtime rate shall be:

(a) time and one-half (1.5X) the basic hourly
rate for all time worked in excess of seven
and one half (7 ½) hours per day, or thirty
seven point five (37.5) hours per week
except;

(b) double time and one-half (2.5X) for all time
worked on a statutory holiday as set forth in
Article 1501(a).

Employees shall be entitled to paid time off
equivalent to, and in lieu of, the overtime
payment to which he/she would otherwise be
entitled.

 

1006 An employee may elect to accumulate up to five
(5) days of compensatory time off within a
calendar year. Compensatory time off must be
requested and approved by the Executive
Director, appropriate Director, or their designate,
prior to any such time off being taken.
Compensatory time off may be taken in
conjunction with an employee’s regularly
scheduled vacation provided that such time off
does not adversely affect the vacation
entitlements of other employees.

 

1007 Flex Time: In order to meet the operational
requirements of the Centre, where an employee
requests, and the Centre agrees, an employee
may be allowed to alter or flex their hours of
work on a case by case basis. Such hours, if in
excess of Article 9, shall be banked on a straight
time basis for use at a time mutually agreed to
between the Centre and the employee.

 

1008 All compensatory time, which includes overtime
and flex time, off must be used within the fiscal
year it was earned. If an employee does not use
compensatory time within the allotted time, such
time off will be scheduled by the appropriate
Director or her designate.

 

1009 Program staff who participate in Cultural
Retreats and who stay overnight shall be
expected to be available/working until 10:30
P.M. only. Staff will be compensated at overtime
rates for six (6) hours between 4:30 P.M.
and 10:30 P.M., and one half (1/2) hour between
the hours of 8:15 A.M. and 8:45 A.M. Overtime
compensation for overnight trips for the
Headstart Program will be discussed and agreed
to between Management and the Union prior to
the trip.

ARTICLE 11 - MILEAGE AND TRAVEL EXPENSES

1101 All monthly expense claims shall be
submitted within five (5) working days of the
preceding month, and shall be paid by the
fifteen (15th) day of the month in which
submitted.

Monthly expense claims must be submitted
within 60 days of being earned. Any claim
forms submitted after 60 days are not eligible
for reimbursement. Notwithstanding the
foregoing, all outstanding expense claims
accumulated to the end of March shall be
submitted by the fifth (5th) working day of
April.

 

1102 Effective July 1, 2015, upon approval, jobrelated
travel using the employee’s own
vehicle shall be paid at the rate of fifty-two
($0.52) cents per kilometer.
Job related travel does not include the
distances traveled between home and work,
and return.

 

1103

(a) All job-related travel outside of the City of
Winnipeg must receive prior approval by the
appropriate Director. Expenses incurred by
an employee, including airfare/mileage,
accommodations, taxi fares, meals and
incidentals shall be reimbursed to the
employee upon submission of a claim for
reimbursement together with all supporting
receipts. The daily cost of meals/incidentals
shall be reimbursed in accordance with the
following:

Breakfast $14.80 maximum
Lunch $13.90 maximum
Dinner $39.20 maximum
Incidentals $17.30 maximum

 

(b) To claim Breakfast expenses/reimbursement,
the employee must be required to leave prior
to 7:00 am

To claim Dinner expenses/reimbursement,
the employee must have been unable to
return until after 6:00 pm due to work related
duties.

Employees must be gone for at least two
meal periods in order to be eligible to claim
incidental expense reimbursement.

 

1104 All travel claims referenced in Article 1103
shall be submitted within five (5) working days
of the employee’s return to the workplace.
Out of country expenses shall be reimbursed
at the prevailing exchange rate in effect on
the date that the expenses were incurred.

 

1105 All monthly expense claims, shall be
submitted within five (5) working days of the
preceding month, and shall be paid by the
fifteen (15th) day of the month in which
submitted.

Notwithstanding the foregoing, all outstanding
expense claims accumulated to the end of
March shall be submitted by the fifth (5th)
working day of April.

Monthly expense claims must be submitted
within 60 days of being earned. Any claim
forms submitted after 60 days are not eligible
for reimbursement. Notwithstanding the
foregoing, all outstanding expense claims
accumulated to the end of March shall be
submitted by the fifth (5th) working day of
April.

 

1106 Effective date of ratification, the Centre will
provide a subsidy of seventy-five (75%)
percent towards parking costs for assigned
parking spots at the 181 Higgins Avenue
location, or alternate sites designated by the
Centre, to all employees who are required to
provide the use of their personal vehicle in
order to carry out the duties of their position.

 

1107 An Employee on job related travel outside the
City of Winnipeg shall be permitted at their
discretion to return to their home if the
distance of travel is not more than three (3)
hours from the Perimeter of Winnipeg.
Employees will then report to work the next
day no later than the equivalent travel time
from the work related destination.

ARTICLE 12 - ANNUAL VACATIONS

1201 For the purpose of determining the vacation
entitlement for employees of the Centre,
vacation leave credits shall be earned on the
basis of actual service during the period
between the first (1st) day of April and the thirtyfirst
(31st) day of March in the following year.
Employees who have completed less than one
year of actual service as of the thirty-first (31st)
of March of any year shall have their vacation
credits pro-rated based on their actual service
between the employee’s initial date of
employment and March thirty-first (31st).

 

1202 Employees shall be entitled to paid vacation in
accordance with the following entitlement:

In the first three (3) years 15 working days per year
In the 4th to 7th year 20 working days per year
In the 8th to 10th year 25 working days per year
In the 11th years & subsequent 30 working days per year

 

1203 Part-time employees shall be entitled to receive
vacation benefits pro-rated on the basis of the
entitlements specified in 1202 above.

 

1204 The Centre shall post annual vacation
entitlements not later than April 15th each year,
and allow employees to express their
preference before May 15th for vacation time off
during the upcoming fiscal year,

 

1205 Requests for vacation leave will be considered
in accordance with the operational requirements
of the Centre and the choice of vacation periods
shall be granted to employees, who have
submitted their request(s) in accordance with
Article 1204, on the basis of seniority.

The entire calendar year is available for
vacation scheduling.

The Executive Director shall post an approved
vacation schedule for all staff by no later than
May 31st.

 

1206 All earned vacation credits should be used no
later than twelve months following the date on
which such credits were granted. Employees
who submit a written request to, and receive
written approval from, the Executive Director,
may carry over vacation credits past this one
year period. Such requests will not be
unreasonably denied. All outstanding vacation
not scheduled by December 1st will be posted
and a copy sent to the Association. The posting
will state: if balance of vacation is not scheduled
by December 31st, the appropriate director may
assign.

 

1207 Approved vacations will not be rescheduled
except upon application of the employee, and
insofar as such change does not adversely
affect operations of the Centre or disrupt any
other employee’s approved vacation.

 

1208 Accumulated annual vacation credits will not be
reduced as a result of a paid leave of absence
or an unpaid leave of absence of four (4) weeks
duration or less.

ARTICLE 13 - INCOME PROTECTION (SICK LEAVE)

1301 The Centre agrees to recognize income
protection credits accumulated prior to the
signing of this Collective Agreement.

 

1302 Income protection credits shall accumulate at
the rate of one and one-quarter (1¼) days per
month. Unused income protection credits can
be accumulated up to a maximum of one
hundred and nineteen (119) calendar days.
Probationary employees shall not be entitled to
access income protection credits however, upon
successful completion of their probationary
period, income protection credits earned shall
be calculated based upon the actual start date.

 

1303 An employee shall be entitled to utilize income
protection (sick leave) to provide care to their
dependent minor child, or adult dependents
with medical disabilities, spouse, parent,
mother in law or father in law, and relative or
any other dependent minor relative who has
been residing in the same household for at
least the previous six (6) months, who is sick,
injured or requires assistance to attend medical
appointments.

 

1304

(a) An employee who is unable to report for
work due to illness shall inform the Centre
prior to the commencement of her next
scheduled shift(s).

(b) An employee who fails to give notice as
specified may not be entitled to receive
income protection credits for the shift(s) in
question and disciplinary action may be
taken in those instances.

(c) The employer will not contact an employee
without cause to determine the use of
income protection leave except where the
employee has failed to notify the employer
as per Article 1304 (b) or, if the employee
has been absent for more than the
specified periods as defined in Article
1305. All employer inquiries must respect
the Personal Health Information Act of
Manitoba.

 

1305 Absences due to sickness for a period greater
than five (5) consecutive working days must be
supported by acceptable medical documentation
attesting to the employee’s inability to
attend work. This medical documentation must
be submitted immediately upon the employee’s
return to work. Notwithstanding the foregoing,
the Centre reserves the right to require a
medical certificate or report to determine an
employee’s fitness to perform their normal
duties or to determine eligibility for income
protection benefits. Such certificates shall not
be required, without cause, after an absence of
less than three (3) consecutive days. Failure to
provide acceptable medical documentation
may result in the employee being denied
income protection benefits and disciplinary
action may be taken in those instances.

 

1306 The Centre will provide the Association with a
copy of the protocol for staff reporting absence
due to illness or injury prior to their scheduled
work day. The Centre agrees to consult with
the Association prior to implementing any
changes to the reporting protocol.

 

1307 Those Employees who are currently in a
negative balance of income protection credits
shall be grandfathered and not required to “pay
back” other than reconciliation of accrued
income protection credits toward the negative
balance on a go forward basis. The Employer
will provide any Employee that requests the
status of their income protection accrual will be
provided same.

 

1308 With as much notification as possible, and
provided that such time off does not unduly
disrupt the operations of the Centre, an
employee shall be allowed time off with pay to
attend medical appointments with a doctor,
dentist, traditional healer, chiropractor, physiotherapist
or other recognized medical therapist
recommended by a physician. The employee
may also be allowed time off to care for minor
dependants or adult dependants with medical
disabilities as defined in Article 1303, so they
may attend medical appointments. All time
utilized for such appointments shall be
deducted from accumulated income protection
credits to the nearest one quarter hour.

 

1309 Income protection credits shall continue to
accrue during a period of paid leave of
absence, or unpaid leave of absence of four (4)
weeks duration or less. For unpaid leaves of
absence that exceed four (4) weeks, income
protection credits shall be retained but shall not
accrue for that period of time that exceeds four
(4) weeks.

 

1310 The Centre will provide an employee with a
statement of accumulated income protection
credits upon written request. Such requests
shall be provided to the employee within three
(3) working days of receiving the request.

1311 If hospitalized due to accident or illness while
on scheduled vacation, an employee may
utilize available income protection credits to
cover the period of actual hospitalization and
the displaced vacation shall be rescheduled.
Proof of such hospitalization must be provided
at the time the employee returns to work.

 

1312 An employee who is unable to work by reason
of accident or illness which is not covered by
income protection shall be granted an unpaid
leave of absence for a period of one (1) month
per year of service up to a maximum of one (1)
year.

 

1313 It is understood that the elimination period for
the Long Term Disability Plan is one hundred
and nineteen (119) days. An employee may
claim income protection credits for a period of
time not to exceed this elimination period
providing they have sufficient income protection
credits.

 

1314 An employee who becomes injured or ill in the
course of performing her duties must report
such injury or illness as soon as possible to her
immediate supervisor.

An employee unable to work because of a
work-related injury or illness will inform the
Employer immediately, in accordance with
established procedures, so that a claim for
compensation benefits can be forwarded to the
Workers’ Compensation Board (WCB).
Workers’ Compensation payment will be paid
directly to the employee by the WCB.

ARTICLE 14 - COMPASSIONATE LEAVE

1401 An employee shall be eligible for up to five (5)
consecutive working days, one day of which
shall include the date of the funeral, as paid
bereavement leave of absence upon the death
of a member of the employee’s immediate
family. For the purpose of this Article, immediate
family shall constitute a spouse, common-law
spouse, child, grandchild, parent, grandparent,
step/foster parent, sibling, spouse’s parent,
spouse’s grandparent, spouse’s sibling, fiancé,
or any other relative who has been residing in
the employee’s household. The employee shall
immediately notify the Centre of their
requirement to access this benefit.

 

1402 An employee shall be eligible for up to three (3)
consecutive working days, one day of which
shall include the date of the funeral, as paid
bereavement leave of absence upon the death
of a member of the employee’s extended family.
For the purpose of this Article, extended family
shall constitute an aunt, or uncle or first (1st)
cousin, or niece or nephew. The employee shall
immediately notify the Centre of their
requirement to access this benefit.

 

1403 Compassionate leave may be extended by up to
two (2) additional consecutive working days paid
leave as may be necessitated by reason of
travel north of the 53rd parallel or outside the
province to attend the funeral upon approval of
the Executive Director.

 

1404 The Executive Director, upon request, may grant
compassionate unpaid leave for personal
circumstances. Such requests will be considered
on a case by case basis and not be
unreasonably denied.

 

1405 Necessary time off up to one (1) day without loss
of pay shall be granted an employee to attend a
funeral as a pallbearer or mourner. This benefit
shall not be applicable to instances governed by
other entitlements under Article 14.

 

1406 Where operational requirements permit, any
employee who carries an individual case load
may attend the funeral of a constituent or their
immediate family. Such time shall be recognized
as Constituent Compassionate Leave.

ARTICLE 15 - GENERAL HOLIDAYS

1501

(a) The following statutory holidays shall be
observed by the Centre and compensated in
paid time off:

  • New Year’s Day
  • August Civic Holiday
  • Louis Riel Day (February)
  • Labour Day
  • Good Friday
  • Thanksgiving Day
  • Easter Monday
  • Remembrance Day
  • Victoria Day
  • Christmas Day
  • Canada Day
  • Boxing Day

 

(b) The following other holidays shall be observed
by the Centre and compensated in paid time off:

Aboriginal Day – June 21st

 

(c) Employees shall be entitled to use of (1)
Discretionary Day per year, to be taken at the
request of the employee, and with pre-approval
of supervisor. This day will not be credited
against banked time, vacation or income
protection credits.
Discretionary Day shall not be available for
carry over past end of vacation entitlement year.

 

1502 In the event that any statutory holiday, identified
in Article 1501 above, falls on a weekend, the
Centre will observe the holiday on the Monday
immediately following the holiday.

 

1503 Employees called into work on a statutory
holiday, identified in Article 1501 (a) above,
shall be entitled to overtime compensation at
the rate of time and one-half for all hours so
worked, and in addition they shall be paid their
regular pay for the statutory holiday. Employees
shall bank the overtime compensation at the
rate of time and one-half to be taken at a future,
mutually agreeable date.

 

1504 Should a statutory holiday occur when an
employee is in receipt of income protection (sick
leave), that day shall be paid as a statutory
holiday and will not be deducted from
accumulated income protection (sick leave)
credits.

ARTICLE 16 - RELIEF DUTY (RESPONSIBILITY PAY)

1601 An employee temporarily assigned to perform
substantial duties or responsibilities of a higher
salary classification for at least one (1) entire
shift shall be paid a rate in the higher salary
range which is at least five percent (5%) higher
than the regular basic salary to which she would
otherwise be entitled.

 

1602 Temporary assignments to a higher rated
position shall not normally exceed six (6)
consecutive weeks. Any anticipated temporary
assignment in excess of six (6) weeks shall be
posted as a temporary vacancy in accordance
with the provisions of Article 8.

 

1603 An employee temporarily assigned to train other
employees for at least one entire day or more,
shall be paid a premium of at least five percent
(5%) above the regular salary rate that they
would otherwise be entitled to.

ARTICLE 17 - LEAVES OF ABSENCE

1701 General Leave
The Executive Director may grant an employee
an unpaid leave of absence for a period of up
to six (6) months. The Board may grant an
unpaid leave of absence for a period of time
beyond six (6) months. Except in emergency
situations, all requests for a general leave of
absence shall be made to the Executive
Director in writing at least four (4) weeks prior
to the requested commencement date of the
leave. This written request shall state the
reasons for, and expected duration of, the
leave. Each request will be considered on their
individual merit and shall be granted at the sole
discretion of the Executive Director provided
that such approval will not unreasonably be
withheld.

 

1702 Maternity Leave

(a) An employee, who has completed six (6)
continuous months of employment with the
Centre, shall be eligible for an unpaid
maternity leave of absence. In order to
qualify for maternity leave benefits the
employee must:

(i) submit a written application for
maternity leave to the Executive
Director or appropriate Director at
least four (4) weeks prior to the date
on which she intends to commence
such leave; and

(ii) provide the Centre with supporting
documentation, in the form of a
physician’s certificate from a duly
qualified medical practitioner, certifying
that she is pregnant and
specifying the anticipated date of
delivery.

 

(b) Notwithstanding the foregoing, the Centre
may require an employee to commence
maternity leave if the state of her health is
incompatible with the requirements of her
job, and such time shall be in addition to
the leave that she is otherwise entitled to
in accordance with this Article.

 

(c) An employee who qualifies for maternity
leave in accordance with Article 17 shall
be granted a maternity leave of absence
without pay that shall consist of:

(i) a period not exceeding seventeen (17)
weeks if delivery occurs on or before
the anticipated date of delivery
specified in Article 1702 (b) above; or
a period of seventeen (17) weeks plus

(ii) an additional period, equal to the
period between the anticipated date of
delivery specified in Article 1702 (a)
(ii) above and the actual date of
delivery, if the actual date of delivery
occurs after the date specified in the
physician’s certificate.

(iii) The Centre may vary the length of
maternity leave upon receipt of
appropriate medical documentation
from the attending physician.

 

(d) The employee returning to work following
a period of approved maternity leave shall
provide the Executive Director or
appropriate Director with four (4) weeks
written notice prior to the date that they
wish to return to work. Upon returning to
work, the employee shall be placed in the
same or comparable position to the one
occupied prior to the maternity leave and
at the same wage and benefit level.

 

(e) During the period of approved maternity
leave, the employee will not accrue
vacation credits or income protection (sick
leave) credits.

 

(f) An employee granted maternity leave, and
who has applied for Employment
Insurance benefits through H.R.S.D.
Canada, may be permitted to utilize
income protection (sick leave) credits to
provide income during the E.I. waiting
period.

 

1703 Parental Leave

(a) In order to qualify for Parental Leave, an
employee must:

(i) be the natural mother of a child; or

(ii) be the natural father of a child or
must assume actual care and
custody of his newborn child; or

(iii) adopt a child under the law of a
province.

 

(b) An employee, who has completed six (6)
continuous months of employment with
the Centre, shall be eligible for an unpaid
parental leave of absence of up to thirtyfive
(35) weeks duration. In order to
qualify for parental leave benefits the
employee must:

(i) Except in the case of adoption,
submit a written application for
parental leave to the Executive
Director or appropriate Director at
least four (4) weeks prior to the date
on which she intends to commence
such leave.

(ii) In the case of adoption, the employee
shall notify the Centre, in writing,
when the application to adopt has
been approved and shall keep the
Centre informed as to the progress of
the application to adopt. The
employee shall be entitled to commence
parental leave immediately
upon being notified by the agency
involved that a child is available for
placement.

(iii) An employee taking parental leave in
conjunction with a period of maternity
leave shall be required to make
application for parental leave at the
time that she applies for maternity
leave in accordance with Article 1702
(a). Parental leave will commence
immediately upon the conclusion of
the period of maternity leave without
a return to work unless otherwise
approved by the Centre.

 

(c) All other periods of parental leave will
commence no earlier than two (2) weeks
prior to the date on which the child comes
into the actual care and custody of the
employee, and no later than the first
anniversary of the date of birth or adoption
of the child or of the date on which the
child came into the actual care and
custody of the employee.

 

(d) The employee, returning to work following
a period of approved Parental Leave,
shall provide the Executive Director or
appropriate Director with four (4) weeks
written notice prior to the date that they
wish to return to work. Upon returning to
work, the employee shall be placed in the
same or comparable position to the one
occupied prior to the Parental Leave and
at the same wage and benefit level.

 

(e) During the period of approved Parental
Leave, the employee will not accrue
vacation credits or income protection (sick
leave) credits.

 

1704 Jury Duty or Court Witness Duty Leave

An employee required to attend a court
proceeding, other than a court proceeding
occasioned by the employee’s private affairs
where they are a party to that proceeding,
shall receive leave of absence at her regular
basic rate of pay, and remit to the employer
any jury or witness fees received, only for
those days she was normally scheduled to
work. The employee shall not request
reimbursement for, or be required to remit any
reimbursement of expenses for such duty.

An employee required to attend a court
proceeding as a party to that proceeding,
occasioned by the employees’ private affairs
shall receive a leave of absence without pay
for the required absence.

The employee will provide proof of service and
monies received to the Executive Director
upon their return to work.

 

1705 Aboriginal Ceremonial Leave – Leave of
absence without pay may be granted to
employees to attend or participate in events
such as Sun Dance, Sweat Lodge, etc.

 

1706 Should an employee be required to undertake
additional educational programs during normal
working hours, as approved by the Executive
Director, time off without loss of pay and the
payment of reasonable expenses shall be
provided by the Centre.

 

1707 The Centre agrees to allow each employee
who is working directly with clients with up to
forty (40) hours of continuing educational
opportunities per year. This would exclude
educational programs required by the Centre.

 

1708 If the Centre requires attendance at any
approved meeting, conference, workshop,
seminar, course or program, the employee
shall be granted necessary paid leave of
absence and will be reimbursed for all
reasonable expenses related thereto.

 

1709 Subject to the operational needs of the Centre,
every reasonable effort will be made to
accommodate requests for part-time leaves of
absence.

 

1710 Upon written request, the Centre shall allow a
leave of absence without pay of up to three (3)
months, without loss of seniority, so that the
employee may be a candidate in a federal,
provincial or municipal election. An employee
who is elected to public office shall have their
seniority retained, but not accrue, from the
date of election.

 

1711 An employee who is elected to public office
shall be granted a leave of absence without
pay for a period of one (1) year. Such leave
shall be renewed each year, on request,
during the life of this Agreement.

 

1712 An employee who qualifies in accordance with
1702 is entitled to Parental Leave without pay
for a continuous period of up to thirty-seven
(37) weeks. In no case, however, shall any
employee be absent on Maternity Leave plus
Parental Leave exceeding fifty-four (54)
consecutive weeks.

 

1713 Where Maternity and/or Parental Leave
exceeds seventeen (17) weeks, the full time
employee may elect to carry over to the next
vacation year, a maximum of 10 days of
vacation (pro-rated for part time employees
and rounded to the nearest day).

 

1714 Sections 36(1) through 36(11) inclusive of the
Employment Standards Act respecting
maternity leave shall apply “mutatis mutandis”.

ARTICLE 18 - NEGOTIATING COMMITTEE

1801 Up to three (3) Association Staff Representatives
and/or grievants shall suffer no loss of
earnings as a result of their involvement in joint
negotiations of a revised Agreement, or in
grievance or arbitration proceedings or in
Labour Board hearings related to the Employer.

ARTICLE 19 - ASSOCIATION SECURITY

1901 The Centre agrees to deduct the current
Association dues from the pay of each
employee in the bargaining unit. The Centre
agrees to deduct the amount of any special
general assessment made by the Association.
The Association shall hold the Centre harmless
with respect to all amounts so deducted and
remitted, and with respect to any liabilities
which the Centre might incur as a result of
such deductions.

 

1902 Such dues shall be forwarded by the Employer
to the Association within thirty (30) days after
the end of each month, together with a list of all
employees from whom the deductions were
made and details of all changes from the
proceeding month’s deduction listing. If
available, appropriate electronic copies of said
information shall also be sent to the
Association office. The Employer, may at its
discretion, choose to remit dues to the
Association via an electronic funds transfer
method.

 

1903 The Association shall notify the Centre in
writing as to the amount(s) of current
Association dues, and such dues shall not be
changed without one (1) month’s prior notice,
or more than twice in any calendar year.

 

1904 The Centre agrees to provide one (1) bulletin
board in each department at the Centre. The
Employer reserves the right to request the
removal of posted material if considered
damaging to the employer.

 

1905 A copy of the Collective Agreement shall be
provided by the Association to each employee
bound by the Agreement. The Association shall
provide sufficient copies to the Centre for their
administrative needs. The cost of printing the
agreement shall be shared equally by the
Association and the Centre. The Centre shall,
upon receipt of invoice, reimburse the
Association for its portion of the costs.

 

1906 The Centre and the Association jointly agree
that there shall be no discrimination,
interference, restriction or coercion exercised
or practiced with respect to any employee
because of Association membership or activity.

 

1907 Association Leave:

(a) Subject to operational requirements, and
at least two (2) or more weeks written
notice of requests, and no additional cost
to the Employer, leave of absence without
loss of salary or benefits shall be granted
to association representatives for the
purpose of attendance at Association
meeting or seminars. It is understood that
the Association will reimburse the
Employer for salary, benefits and Manitoba
Government payroll tax, if applicable.
If there is a need for more than one (1)
employee to be absent from the same
department or program the employer will
make every reasonable effort to release
these employees.

(b) Subject to four (4) weeks written notice of
request, an employee elected or selected
to a full-time position with the Association
shall be granted an unpaid leave of
absence for a period of up to one (1) year.
Such leave shall be renewed each year,
on request during her term of office, to a
maximum of four (4) years.

 

1908 Once annually the Centre is to provide the
Association, within thirty (30) days of the
request, the following information regarding
employees in the bargaining unit: name;
address; classification; current salary rate; date
of employment; seniority hours accumulated.
The employee’s address shall be excepted
only when an employee has expressly
instructed the Employer in writing that personal
information should not be disclosed to any third
party.

In accordance with Freedom of Information and
Protection of Privacy Act, the personal
information provided to the Association may be
used only for the purpose of communicating
with the Association members, reasonable
administrative physical safeguards will be in
place to safeguard the confidentiality and
security of the personal information. When
disposing or storing the provided information,
the Association shall take care that the
information is transported, stored or destroyed
in a secure manner.

 

1909 The Centre shall record on the statement of
earnings (T4) of each employee the amount of
dues deducted and remitted to the Association.

 

1910 A representative of the Association will be
granted up to thirty (30) minutes during the
orientation of a new employee to familiarize the
individual with the Association and this
Agreement.

 

1911

(a) Association Representative means any
official of the Manitoba Association of
Health Care Professionals elected,
appointed or hired by the Association to
conduct the business of the Association.
This includes Staff Representatives.

(b) An Association Staff Representative
means an official of the Association
elected or appointed by the membership.

 

1912 The Association agrees to provide the
Employer with a current list of officers, staff
representatives, authorized Association
representatives and any subsequent changes
when a change occurs.

 

1913 The Employer agrees to provide to the
Association a list of current management
representatives and any subsequent changes to
the list when a change occurs.

 

1914 Prior to the commencement of negotiations,
the Association shall supply the Employer(s)
with a list of employee representatives for
negotiations.

The Association shall hold the Employer
harmless with respect to all dues so deducted
and remitted, and with respect to any liability
which the Employer might incur as a result of
such deduction.

ARTICLE 20 – DISCIPLINE

2001 The Centre shall not discipline or discharge any
employee bound by the Agreement without just
cause.

 

2002 When it becomes necessary to take disciplinary
action other than a verbal reprimand, an
employee shall be entitled to a meeting prior to
the imposition of discipline or discharge, unless
the employee is a danger to themselves or
others, and to be represented at such a meeting
by an Association Representative, unless the
employee refuses such representation, in
writing.

 

2003 An employee shall be notified in writing of the
grounds for discipline or discharge. A copy shall
be forwarded to the Association, unless the
employee requests, in writing, that the matter not
be referred to the Association.

 

2004 An employee who considers that they have been
wrongfully disciplined or discharged shall have
recourse to the grievance procedure.

 

2005 An employee may examine their personnel file,
upon request, at a location providing suitable
table or counter space and privacy. Only one
such file shall be maintained. Upon request, an
employee shall be given a copy of any document
placed in their personnel file.

 

2006 The Centre agrees not to introduce as evidence
any information or entry from the employee’s file
unless the employee was previously made
aware of the entry, incident or concerns of
management at the time that the event occurred,
or a reasonable time thereafter.

ARTICLE 21 - GRIEVANCE PROCEDURE

2101 Should a dispute arise between the Employer
and an employee or the Association concerning
the interpretation, application or alleged
violation of this Agreement:

 

2102 The employee and her supervisor shall first
attempt to resolve the dispute by means of
discussion.

 

2103 Within fourteen (14) days after the incident
giving rise to the grievance (herein called the
incident) becomes apparent, a written grievance
shall be filed with the Appropriate Director or
her designate.

 

2104 Within seven (7) days after the grievance has
been filed, the Appropriate Director or her
designate shall investigate the matter and reply.

 

2105 Within twenty-eight (28) days after the incident
became apparent, the unresolved grievance
shall be submitted to the Executive Director or
designate.

 

2106 Within seven (7) days after receiving the
grievance, the Executive Director or designate
shall investigate the matter, conducting a
hearing upon request, and reply.

 

2107 If the grievance is not resolved within thirty-five
(35) days after the incident became apparent, it
may be submitted for binding arbitration under
Article 22 within the next ensuing fourteen (14)
days.

 

2108 All grievances shall be considered and settled
on their individual merits, and not dismissed by
reason of any technicality. However, it is clearly
understood that time limits established therein
are for the sake of procedural orderliness and
are to be adhered to. The time limits specified
above may be extended by the mutual
agreement of the parties as confirmed in writing.

 

2109 An incident shall be deemed to have become
apparent at the time when a reasonable person
might reasonably have become aware of it
under actual or reasonable circumstances.

 

2110 Nothing contained in this Agreement shall
preclude settlement of a dispute or grievance in
any matter whatsoever by mutual agreement
between the Association and the Employer.

 

2111 Unless dismissed or suspended by the
Employer, the employee shall continue to work
in accordance with the Agreement until such
time that the grievance is settled.

 

2112 An employee may elect to be accompanied or
represented by an Association representative at
any stage of the Grievance/Arbitration
procedure.

ARTICLE 22 – ARBITRATION

2201 The parties agree, for the purpose of expediting
the final resolution of a grievance, that they may
rely on either the following arbitration procedure
or on the expedited arbitration provision of the
Labour Relations Act.

 

2202 Failing satisfactory resolution of the grievance
at Step 2 of the grievance procedure, the
Association shall notify by registered mail,
within fifteen (15) working days from the date
that the decision of the Executive Director was
rendered, the Executive Director that the matter
is being referred to arbitration. Where both
parties agree, in writing, the Board of Arbitration
shall consist of a sole arbitrator. In the event
that either party does not agree to the use of a
sole arbitrator, or in the event that the two
parties are unable to agree on an individual to
serve in the capacity of a sole arbitrator, within
ten (10) working days following the notification
from the Association, the Association shall
communicate to the Executive Director, by
registered mail, the name of its nominee to a
three (3) person Board of Arbitration. The
Executive Director shall, within ten (10) working
days following receipt of this information,
communicate to the Association, by registered
mail, the name of its nominee to the Board of
Arbitration.

The two (2) nominees shall then meet and
select a chairperson within fifteen (15) working
days.

2203 If the employer fails to appoint a nominee within
the prescribed time limits, or if any nominee so
appointed fails to serve, or is unable to serve,
then the other party to the proceedings may
request the Minister of Labour of Manitoba to
select such nominee.

 

2204 If the two (2) nominees, appointed as herein
provided, fail to agree upon the appointment of
a Chairperson of the Board of Arbitration within
the prescribed time limits, or if any Chairperson
so appointed fails to serve, or is unable to
serve, then either of the said two (2) nominees
may request the Minister of Labour of Manitoba
to select a Chairperson.

 

2205 The parties may, at any time by mutual
agreement, extend or abridge the time or times
for the taking of any step or proceeding under
this Article which shall be confirmed in writing
between the Association and the Executive
Director.

 

2206 The Board of Arbitration may determine its own
procedures for conducting the hearing and shall
give full opportunity to all parties to present
evidence and to make representations to the
Board. The Board of Arbitration shall have the
power to require the attendance of witnesses
and the production of documents upon the
request of either party.

 

2207 The decision of the majority shall be the
decision of the Board of Arbitration. Where
there is no majority decision, the decision of the
Chairperson shall be the decision of the Board
of Arbitration. The decision of the Board of
Arbitration shall be final and binding on the
parties, but in no event shall the Board of
Arbitration have the power to change the
Collective Agreement or to alter, modify or
amend any of its provisions.

 

2208 Where an employee has been subject to unjust
lay off or discipline by the employer, and the
matter has been referred to a Board of
Arbitration for determination, and the Board has
determined that the lay off, or the imposition of
discipline and/or the measure of discipline
imposed, was inappropriate, the Board shall
have the power to order appropriate remedial
action or rescind or modify the discipline
imposed to a manner that, in its opinion, is just
and equitable.

 

2209 In the event that a sole arbitrator is agreed
upon, the expenses and compensation of the
Arbitrator shall be borne equally between the
parties. In the event that a three (3) person
Board of Arbitration is utilized, the expenses
and compensation of the arbitrators selected by
the parties shall be borne by the respective
parties, and the expenses and compensation of
the Chairperson shall be borne equally between
the parties.

 

2210 If the decision involves the reinstatement of the
grievor, the Arbitrator/Board of Arbitration may
deduct from the award any wages earned by
the grievor since the lay off, suspension or
discharge, if any.

 

2211 Should the parties disagree as to the meaning
or application of the decision, either party may
apply to the Arbitrator/Board of Arbitration to
reconvene for the purpose of clarifying the
decision.

ARTICLE 23 – SAFETY, HEALTH AND WELFARE

2301 It is agreed that if MHSC premiums are
introduced during the life of this Agreement, the
parties will meet to discuss and determine an
equitable sharing of the cost of these premiums.

 

2302 The Centre shall establish a Health & Safety
Committee with equal representation from
management of the Centre and bargaining unit
employees of the Centre selected by the
Association. This Committee shall meet
quarterly, or upon the request of either party
and at such times as mutually agreed to
between the parties, and shall continue to
function in accordance with applicable provincial
legislation

 

2303

(a) It is agreed that there shall be no discrimination,
interference, restriction, harassment, or
coercion knowingly exercised or practiced by
the Employer, the Association or any employee
by reason of age; religion or creed; ancestry,
including race or perceived colour; nationality or
national origin; ethnic background or origin;
political belief, association or activity, sex,
including pregnancy; sexual orientation; marital
status or family status; place of residence,
physical or mental disability; nor by reason of
her membership or non-membership or activity
in the union except as may be allowed under
the Manitoba Human Rights Code.

(b) The Centre and the Association agree that no
form of harassment of any kind shall be
condoned in the workplace and it is further
agreed that both parties will work together in
recognizing and dealing with such problems
should they arise. Situations involving
harassment, or allegations of harassment, shall
be treated in strict confidence by both the
Centre and the Association.

(c) No form of employee abuse will be condoned in
the workplace. The parties will work together in
resolving such problems as they arise. When
such situations arise, employees will report
them as soon as possible. Any employee who
believes a situation may become or has
become abusive shall report this to the
immediate supervisor, or the Executive Director
in cases where the immediate supervisor may
be the alleged abusive party. The Employer
shall notify the Association as soon as possible
after receipt of the report. Every reasonable
effort will be made to rectify the abusive
situation to the mutual satisfaction for the
parties. Situations involving abuse shall be
treated in a confidential manner by the
Employer, the Association and the employee(s).

 

2304 The Centre agrees to take all reasonable
precautions to limit the spread of infectious
diseases among employees where, due to the
nature of their job function, they are at risk of
exposure to infectious diseases, including inservice
seminars for employees, and the
provision of Hepatitis “B” vaccine free of charge
to those employees who may be exposed to
body fluids or other sources of infection. If any
employee refuses to take the vaccine, the
Centre may require that such employee sign a
waiver stating that they have refused such
vaccination.

 

2305 The Centre will provide individual
accommodations whenever employees are
required to stay overnight, unless mutually
agreed otherwise.

 

2306 Where necessary, the Employer shall make
available and maintain lab coats or smocks
(protective clothing). All such items remain the
property of the Employer. The Employer agrees
to replace or repair protective clothing when
damaged.

 

2307 Where an employee is unable to report for work
as scheduled due to whiteout/blizzard
conditions as declared by Environment Canada,
or due to road closures as declared by police
agencies or the Department of Highways, the
employee may take the time from their
compensatory time or vacation to offset any
loss of salary for that date. Where there is no
compensatory time or vacation available, the
employee will be granted an unpaid leave of
absence.

ARTICLE 24 – LAY-OFF AND RECALL

2401

(a) In the event of a lay off, employees, other than
probationary and casual employees, shall
receive one calendar week written notice per
year of completed service, with a minimum of
two (2) weeks notice and a maximum of eight
(8) weeks notice of such lay off, or pay in lieu of
said notice. For part-time employees, pay in lieu
of notice shall be pro-rated. This notice period
shall not be applicable to employees who
exercise their seniority rights to bump into
alternate employment. The Centre will endeavour
to provide as much notice as possible
regarding layoffs.

(b) A lay-off shall be any reduction in the work force
or any permanent reduction of and employee’s
normal hours of work due to lack of work.

(c) An employee who is being laid off in
accordance with Article 2401 will be entitled to
exercise seniority rights, subject to her being
qualified, competent and willing to perform the
required work, to displace in a less senior
employee in an equal or lower occupational
classification. Any employee thus displaced
shall be entitled to a like exercise of seniority
rights, with the employee or employees who are
finally displaced by the exercise of this
subsection being considered laid off, and
subject to recall as outlined below.

 

2402 If a reduction in the workforce occurs,
employees will be laid off in reverse order of
seniority within their classification subject only
to more senior employees being qualified and
willing to perform the required work. It shall be
the responsibility of each laid off employee to
maintain with the Centre information regarding
their present address and telephone number in
order to facilitate recall.

 

2403 No new employee shall be hired to fill a vacancy
when an employee who is eligible for recall is
qualified, able and available to fill said vacancy.

 

2404 Employees on lay off are to be recalled in order
of seniority. Such recall shall be made by
registered mail, and shall provide for a minimum
of one (1) week notice to report back to work.
The employee is required to contact the Centre
within one (1) week of said notice, confirming
their intention to return to work as scheduled, or
make reasonable alternative arrangements. An
employee who declines to return to a position
comparable to that held prior to lay off, without
reasonable cause, shall be considered to have
abandoned all rights to re-employment.
Employees required to provide up to two (2)
weeks notice to a current employer shall be
deemed to be in compliance with the one (1)
week provision. It shall be the responsibility of
each laid off employee to maintain with the
Centre their current address and telephone
number in order to facilitate recall.

 

2405 An employee who exercises their seniority
rights to recall, to work in a different
classification or operational unit, shall be
entitled to a three (3) month trial period. During
this trial period, if it is deemed that the
employee is unable to satisfactorily perform the
requirements of the position they shall be
placed directly onto lay off status and the
subsequent vacancy shall be offered, in
seniority order, to another employee currently
on lay off. Should the employee successfully
complete the trial period, they shall be given the
opportunity to return to the position that they
held prior to the layoff, should that position
become vacant within one (1) year of recall,
prior to any posting in accordance with Article 8
– Job Posting and Promotion.

2406 In the event of the deletion of an occupied
position the incumbent shall be entitled to
exercise their seniority rights, subject to their
possessing the necessary qualifications, to
displace the most junior employee in a position
of equal or lesser classification. Any junior
employee so displaced shall be entitled, where
applicable, to a like exercise of seniority rights.

 

2407 An employee who exercises her seniority rights
shall be entitled to an eight (8) week
familiarization period. In the event that the
employee cannot function effectively in the
position at the conclusion of the familiarization
period, she shall be placed directly onto layoff
status and the person originally displaced from
the position shall, if not yet recalled, be returned
to the position.

 

2408 An employee who is demoted due to a reason
other than unsatisfactory performance shall be
paid at the rate nearest, but not exceeding, their
current basic salary.

ARTICLE 25 - EMPLOYEE/MANAGEMENT ADVISORY COMMITTEE

2501 The Centre and the Association agree to the
creation of an Employee / Management
Advisory Committee with equal representation,
which shall not exceed three (3) employee /
Association representatives or three (3)
management representatives. The Committee
shall meet quarterly and/or at the written
request of either party for the purpose of
discussing matters of mutual concern. The
parties shall co-chair this Committee and shall
chair alternate meetings. The meeting will
occur within thirty (30) days of either party
receiving the written request for a meeting.
This committee will not replace internal staff
meetings or committees such as the Staff /
Management Advisory Committee (SMAC).

 

2502 This Committee shall be advisory in nature and
shall have no authority to bind the parties and
shall not substitute for staff meetings or normal
communication processes in effect within the
Centre.

 

2503 The Centre will make every reasonable effort to
schedule meetings of this Committee during
normal working hours, and duly appointed
representatives shall attend such meetings with
no loss in pay. However, in those instances
when such meetings carry on beyond normal
working hours, the employee representatives
shall not be entitled to any additional
compensation for their attendance.

ARTICLE 26 - EMPLOYEE APPRAISALS

2601 Employee appraisals shall be conducted
annually, with the exception of probationary
employees or employees in the process of
fulfilling the trial period specified in Article 805,
in accordance with the following guidelines:

All evaluations shall be in writing and the
contents of the evaluation document shall be
discussed with the employee.

(b) The employee shall sign the evaluation
document solely for the purpose of
indicating that they have reviewed and are
aware of its contents. However, the
employee shall have the right to attach their
personal comments to the document.

(c) All employees shall be given a copy of their
employee appraisal document.

 

2602 If an employee regards the contents of their
employee appraisal document as inaccurate,
unfair or unreasonable, they may initiate a
grievance in accordance with Article 21.

ARTICLE 27 - TERMINATION OF EMPLOYMENT

2701 Employment may be terminated voluntarily by
the employee by giving two (2) weeks written
notice to the Executive Director exclusive of any
vacations due.

 

2702 Employment may be terminated with less or no notice:

(a) by mutual agreement between the Centre and the employee,

(b) during an employee’s probationary period,

(c) where the employee is discharged for cause.

ARTICLE 28 - EMPLOYEE BENEFITS PROGRAM

2801 The Aboriginal Health and Wellness Centre of
Winnipeg, Inc. is prepared to continue the
provision of the following fringe benefits,
according to the terms and conditions in
existence prior to March 31, 2005, and in a
manner consistent with the administration of
these benefits prior to that date, provided that
the overall cost of said benefits can continue
to be accommodated within the existing
budget limits of the Centre. Effective first full
pay period following date of ratification,
employer contribution to Employee RRSP is
2.5%.

The Employer shall pay 80% of the benefit
plan one month after ratification, Employees to
pay 20%. Commencing April 1, 2017 the
Employer shall pay 75% and the Employee to
will pay 25%. In the event that the cost(s) of
providing such benefits exceed the Centre’s
financial ability to do so, the parties will meet
discuss and determine an equitable sharing of
the cost(s) of providing these benefits or other
mutually agreeable options. The benefits
include:

  • Extended Health Care
  • Dental Care
  • Employee Assistance
  • Group Life Insurance
  • Long Term Disability Plan
  • Group R.R.S.P.
  • Accidental Death & Dismemberment

The Centre will provide annual information
sessions regarding the Employee Benefits
Program to all employees, subject to no
additional costs to the Employer.

 

2802 Any full-time or part-time employee who has
completed three (3) months service with the
employer shall be eligible to receive all
benefits under the Employee Benefits
Program.

ARTICLE 29 - OVERPAYMENTS

2901 The Employer may not make deductions from
wages unless authorized by statute, by Court
Order, by Arbitration Award, by this
Agreement, by the Association or to correct an
overpayment error made in good faith. Where
an error has been made in good faith, the
Employer shall be entitled to recover any
overpayment made, for a period of time that
does not extend further back than twelve (12)
months from date of discovery, provided:

(a) Once the error is discovered, notice and a
detailed breakdown of the error is given
by the Employer to the affected employee
and the Association as soon as
practicable;

(b) The proposed recovery is made in as fair
and reasonable a manner as possible;
and,

(c) The proposed recovery is made over a
period of time which is no less than the
period during which the overpayment was
made unless otherwise agreed between
the Employer and the employee.

In the event the employee retires from, or
leaves the employ of the Employer before
the Employer is able to fully recover an
overpayment as contemplated in this
Article, the Employer shall be entitled to
make a full recovery at the time of
retirement or termination of employment of
that employee and reduce accordingly any
payments that might be owing to that
employee to recover the overpayment.

ARTICLE 30 – EXPIRATION AND RENEWAL

3001 This Collective Agreement shall be effective and
binding on the parties from April 1, 2014 until
March 31, 2018, and thereafter until replaced or
terminated.

 

3002 This Agreement may be amended during its term
by mutual agreement.

 

3003 Should either party to this Agreement desire to
amend or terminate the Agreement, or to negotiate
a new Agreement, such party shall notify the other
party, in writing, of its intention not more than
ninety (90) days and not less than thirty (30) days
prior to the expiration date hereof.

 

3004 Within ten (10) working days after receipt of such
notice or such time as may be mutually agreed
upon, the other party is required to enter into
negotiations for renewal or revision of the
Collective Agreement.

 

Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

Letter of Understanding

LETTER OF UNDERSTANDING

LETTER OF UNDERSTANDING

SUPPLEMENTARY TO THE COLLECTIVE
AGREEMENT

between

ABORIGINAL HEALTH AND
WELLNESS CENTRE OF WINNIPEG, INC.

and

MANITOBA ASSOCIATION OF
HEALTH CARE PROFESSIONALS

RE: Vision Care Plan

The Employer shall provide a self-directed (in-house)
Vision Care plan for all employees to a maximum
coverage of $350 every 2 years, pro-rated for part-time
staff.

 

Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

Memorandums

MEMORANDUM OF AGREEMENT #1

MEMORANDUM OF AGREEMENT #1

SUPPLEMENTARY TO THE COLLECTIVE
AGREEMENT

between

ABORIGINAL HEALTH AND
WELLNESS CENTRE OF WINNIPEG, INC.

and

MANITOBA ASSOCIATION OF
HEALTH CARE PROFESSIONALS

RE: Organizational Changes – Impact on the
Bargaining Unit

In the event the Employer contemplates changes in
organization structure that affect the bargaining unit,
including changes that affect the number of bargaining
unit members, it is agreed that meaningful prior
consultation with the Association will occur.

Notwithstanding the generality of the foregoing, the
provisions of the collective agreement will apply in all
instances where organizational change is contemplated.

 

Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

MEMORANDUM OF AGREEMENT #2

MEMORANDUM OF AGREEMENT #2

between

ABORIGINAL HEALTH AND WELLNESS CENTRE OF
WINNIPEG, INC.

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: Benefits Plan

Where the Employer considers a change in benefit
carrier, a Joint Committee will be established that shall be
made of equal numbers of representatives from the
Employer and the Association.

This Committee will review relevant benefit carrier
information as provided by the Employer. The Committee
shall be advisory in nature and any suggestions or
recommendations from this joint committee will not be
binding on the Employer but will be provided on an
information basis only.

Any decisions as to a change in benefit carrier are at the
total discretion of the Employer.

The Memorandum expires as of the expiry of the
Collective Agreement on March 31, 2018.

 

Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

MEMORANDUM OF AGREEMENT #3

MEMORANDUM OF AGREEMENT #3

between

ABORIGINAL HEALTH AND
WELLNESS CENTRE OF WINNIPEG, INC.

and

MANITOBA ASSOCIATION OF
HEALTH CARE PROFESSIONALS

RE: ERSA Adhoc Committee

The Employer recognizes the importance to clarify the
“Flexing” concerns discussed at the table to date, the
employer is proposing the creation of an ad hoc
labour/management committee to discuss the stated
concerns. The ad hoc committee shall meet within a
reasonable time period no more than 60 days after the
agreement has been ratified. A terms of reference shall
be created and co-chaired by the Association and AHWC.

The committee will have equal representation of staff and
management.

Items to be discussed include definitions of Employee
Requested Scheduling Adjustment (ERSA), and
Compensatory Time.

Association acknowledges Employer agreement to above
and agrees to a limit of 3 representative of employees
and 3 representatives of management.

 

Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

MEMORANDUM OF AGREEMENT #4

MEMORANDUM OF AGREEMENT #4

between

ABORIGINAL HEALTH AND
WELLNESS CENTRE OF WINNIPEG, INC.

and

MANITOBA ASSOCIATION OF
HEALTH CARE PROFESSIONALS

RE: New Term Employee Benefits

Any full-time or part-time employee who has completed
three (3) months service or (487.5 hours) with the
employer and any part-time employee who works at least
25 hours per week and who has completed three (3)
months pro-rated service or with the employer shall be
eligible to receive all benefits under the Employee
Benefits Program.

Where a term employees is hired to replace a permanent
employee who is covered by the Employee Benefits
Program, then said term employee is not eligible for
benefits until such time as they are in a permanent
position.

The parties agree to codify this item in the form of an
MOU this would be within a context of mutual agreement.

 

Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

MEMORANDUM OF AGREEMENT #5

MEMORANDUM OF AGREEMENT #5

between

ABORIGINAL HEALTH AND
WELLNESS CENTRE OF WINNIPEG, INC.

and

MANITOBA ASSOCIATION OF
HEALTH CARE PROFESSIONALS

RE: Salary for Grandfathered Employee (J.T.)

The parties agree to maintain the Schedule 2 pay scales
for (J.T.) with the same percentage increases for each
year of the contract.

Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

Letter of Intent

LETTER OF INTENT

LETTER OF INTENT

between

ABORIGINAL HEALTH AND
WELLNESS CENTRE OF WINNIPEG, INC.

and

MANITOBA ASSOCIATION OF
HEALTH CARE PROFESSIONALS

Re: Adoption of a Weekly Indemnity Plan

The parties will review the feasibility of a Weekly
Indemnity Plan.

 

Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

Schedules

SCHEDULE A – WAGES

SCHEDULE A – WAGES

LPN classifications will have a “me-too” to the LPN
Classification in the WRHA MNU agreement and will have
wages adjusted in accordance with the percentage
increases and effective dates in the central table MNU
agreements.

RN classification will have a “me-too” to the Nurse 2
Classification in the WRHA MNU agreement and will have
wages adjusted in accordance with the percentage
increases and effective dates in the central table MNU
agreements.

2013 – 2% general salary increase
2014 – 3.1% (2% general salary increase + 1.1%
market adjustment)
2015 – 2% general salary increase
2016 – 3% (2% general salary increase + 1% market
adjustment)

The Centre and the Association agree to implement the
attached Salary Schedules for members of the bargaining
unit effective April 1, 2014.

2014 – 2%
2015 – 2%
2016 – 2%
2017 – 2%

 

SALARY SCHEDULE