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Dynacare

COLLECTIVE BARGAINING
AGREEMENT

between

Dynacare
(Herein referred to as the “Lab”)

and

MANITOBA ASSOCIATION OF
HEALTH CARE PROFESSIONALS
(Herein referred to as the “Association”)

April 1, 2014 to March 31, 2018

PDF VERSION

Introduction

Introduction

WHEREAS the Association is the certified bargaining agent of
certain specified employees of the Lab;

AND WHEREAS the Association and the Lab have agreed to
enter into a Collective Agreement containing the terms and
conditions of the said employees of the Lab including
provisions with reference to rates of pay and hours of work;

NOW THIS AGREEMENT WITNESSETH that the parties
hereto, in consideration of the premises and mutual
covenants hereinafter contained, agree with each other as
follows:

ARTICLE 1 - APPLICATION

1.01 The Lab recognizes the Association as the sole and
exclusive bargaining agent for:
A technical unit consisting of all Medical Laboratory
Technologists and Technicians, Cytology Technologists,
Charge Technologists, Histology Technicians,
Electrocardiology Technicians, and Lead
Coordinators, employed by Gamma-Dynacare
Central Medical Laboratory Limited Partnership o/a
Dynacare, in the City of Winnipeg, and the City of
Brandon, in the Province of Manitoba, except those
excluded by the Act.

 

1.02 If other classifications are added to the said
bargaining unit, the parties agree to meet forthwith for
the purpose of determining the rates of pay for such
classifications. If the Lab and the Association are
unable to agree within 90 days from the first
negotiation meeting concerning this issue, then either
party may refer the issue to arbitration in accordance
with Article 23.

 

1.03 A copy of this agreement shall be provided by the
Association to each present employee and all future
employees bound by this Agreement. The
Association and the Lab will share equally all costs in
connection with the printing and distribution of this
Agreement. The Lab will indicate its requirements
prior to printing. The cost to the Lab shall not exceed
four hundred dollars ($400.00), and a photocopy of
the original invoice is to be provided by the
Association to the Lab.

 

1.04 No employee shall enter into any separate agreement
which conflicts with the provisions hereof.

ARTICLE 2 - DEFINITIONS

2.01 Where the context so requires, masculine and
feminine terms or singular and plural terms shall be
considered interchangeable. Wherever used in this
Agreement, the following words shall have the
meaning hereinafter set forth:

 

2.02 EMPLOYEE – An employee means a person
employed by the Lab in a position which is included in
the bargaining unit.

 

2.03 An employee will be advised whether she is full-time,
part-time, temporary or casual at the time of her hire
or upon any subsequent change to that status.

 

2.04 FULL-TIME EMPLOYEE – A full-time employee
means an employee who has been hired as such and
who regularly works a minimum of thirty-five (35)
hours per week.
For the Cytology Department, only
A full-time employee means an employee who has
been hired as such and who regularly works a
minimum of forty (40) hours per week.

 

2.05 PART-TIME EMPLOYEE – A part-time employee
means an employee who regularly works less than
thirty-five (35) hours per week.
For the Cytology Department, only
A part-time employee means an employee who
regularly works less than forty (40) hours per week.

 

2.06 Casual employee means an employee who is called
to work occasionally on an unscheduled day-to-day
basis to replace or supplement regular staff.
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 bi-weekly 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 shall be entitled to shift
premium as outlined in Article 6 (Shift and
Weekend Premium).

d) Casual employees required to work on a
recognized holiday shall be paid at the rate of
time and one half (1.5X) their basic rate of
pay.

e) Casual employees shall be entitled to
compensation for overtime worked in
accordance with Article 7 (Overtime).

f) 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.

g) The Employer agrees to deduct Association
dues from casual employees in accordance
with Article 22 (Association Security).

h) 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.

i) Article 23, Grievance and Arbitration
contained in the Collective Agreement apply
to casual employees only in respect to
matters of this Article.

j) Casual employees shall be entitled to
retroactive salary increases on the same
basis as full-time and part-time employees.

k) 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 temporary
position.

Casual employees shall receive increments on the
basis of one (1) increment upon completion of 1820
hours, in accordance with Article 6.01. Such
increment shall be applied on the first day of the first
pay period following completion 1820 hours.

 

2.07 TEMPORARY EMPLOYEE – means an employee
engaged for a fixed period of time or until completion
of a particular project or special assignment. A
temporary employee shall not be engaged for a
period greater than fifty two (52) 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 or WCB claim).
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.

a) For situations related to WCB and/or illness
and/or accident and/or Maternity/Parental
Leave, Compassionate Care Leave or where
there is a temporary vacancy due to leave for
public office where a definitive expiry date
cannot be specified, the Employer shall state
on the job posting that the said temporary
position will expire upon the return of the
current incumbent to his position, subject to a
minimum of forty-eight (48) hours’ notice. Any
temporary positions directly resulting from the
above procedure will be posted in the same
manner.

b) A temporary employee is required to
complete the assigned term before being
considered for another position within the
bargaining unit, unless a permanent position
is posted and awarded to the temporary
employee. At the conclusion of the term for
which she was engaged, the temporary
employee shall be entitled to exercise her
seniority rights when applying for vacant
positions for which she is entitled.

c) A term employee may be required to
complete a further probationary period up to
a maximum of three (3) months upon
assuming another position within the
bargaining unit if that position is within a
different discipline (laboratory) or specialized
area of practice.

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

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

f) A term employee shall not be terminated and
re-hired 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.

 

2.08 PROBATIONARY EMPLOYEE

1) Probationary Employee is one who has not
completed 450 regular hours (520 regular
hours for Cytotechnologists) or six (6) months
whichever is first. Until such time as an
employee has completed his/her probationary
period as herein provided, he/she may be
subject to discharge without recourse to the
grievance procedure.

 

2) The probationary period for any given
employee may be extended for any period not
exceeding three (3) months, after consultation
with the Association.

 

2.09 EMPLOYER – The Employer is Dynacare.

 

2.10 “Basic rate”, “Salary” or “Pay” means the amounts
indicated in Schedule A hereto.

 

2.11 CSMLS means the Canadian Society of Medical
Laboratory Sciences and CMLTM means the College
of Medical Laboratory Technologists of Manitoba.
RT means Registered Technologist certified by and
currently registered with the CSMLS.

 

2.12 Technologist means a graduate of an approved
school of medical laboratory technology and/or an
individual who has attained certification and is
currently registered with the CSMLS and CMLTM.
Technician means a person who has successfully
completed a medical laboratory assistant program, or
equivalent years of phlebotomy experience, or
medical laboratory experience.

 

2.13 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 Officers of the Association.

 

2.14 Staff Representative means an employee who is an
official of the Association elected or appointed by the
membership representing a commonality of working
conditions that could include site, occupation and
geographical setting.

ARTICLE 3 - CLASSIFICATIONS

3.01 Technician means a person who has successfully
completed a medical laboratory assistant program, or
equivalent years of phlebotomy experience, or
medical laboratory experience.

– Mobile Technician – one who performs Phlebotomy
services outside of LHSC locations
– Float Technician – one whose LHSC location varies
as per operational requirements

Histology Technician means an employee who
performs a limited range of Histology laboratory
functions under the supervision of a Pathologist/
Technologist, including preparing surgical tissue
specimens.

Lead Coordinator – Specimen Processing and Lab

Health Service Centre
Means a Technician who is responsible for the
technical work and supervision of a designated
location/department in Specimen Processing or Lab
Health Service Centre.

 

3.02

General Duty Technologist
Means a Registered Technologist hired and
performing as such.

 

Charge Technologist
Means a Registered Technologist who is responsible
for the technical work and supervision of a major
section or department of the Lab.

 

3.03 An employee who feels she is or has been improperly
classified may grieve under Article 23.

 

3.04 The Lab agrees to provide the Association with a
copy of job descriptions for all classifications for which
the Association is the bargaining agent within 120
days of the signing of the Collective Agreement.

The Lab further agrees to provide the Association and
the affected employee(s) with copies of any
subsequent amendments of these job descriptions
within thirty (30) days following their revision.

ARTICLE 4 - MANAGEMENT'S RIGHTS

4.01 Except as expressly provided in this Agreement, the
Association recognizes and acknowledges that the
management of the Lab’s operation and direction of
the working force are fixed exclusively in the Lab and
in particular the Association acknowledges that it is
the exclusive function of the Lab to:

(a) maintain order, discipline and efficiency;

(b) hire, discharge, transfer, classify, promote,

demote, lay-off, recall and discipline employees,
provided that a claim of discriminatory
promotion, demotion or transfer, or a claim that
a non-probationary employee has been
discharged without reasonable cause, may be
the subject of a grievance and dealt with as
hereinafter provided;

(c) generally to manage the Lab and, without
restricting the generality of the foregoing, to
plan, direct and control operations, direct the
work force, determine the nature and kind of
business conducted by the Lab; determine the
number of personnel required from time to time;
determine the services to be performed and the
methods, procedure and equipment in
connection therewith; to schedule work and
shifts, to assign jobs; to increase or decrease
the work force; to determine the job content and
classification and to determine the number of
employees in the classification; to set volume
levels or quality of work to be performed; to
designate the place of work, curtailment or
cessation of operation, in whole or in part.

 

4.02 The Association further acknowledges the right of
the company to operate and manage its business in
accordance with its commitments and
responsibilities to its customers, employee and their
needs.

 

4.03 The foregoing enumeration of management’s rights
shall not be deemed to exclude other functions not
specifically set forth. The Lab therefore retains all
rights, power or authority in management not
otherwise specifically covered in this Agreement.

 

4.04 In administering this Agreement and in administering
its management rights, the Lab shall act reasonably,
fairly, in good faith and in a manner consistent with
the Agreement as a whole.

ARTICLE 5 - SALARIES

5.01 Salaries shall be paid to each employee in
accordance with Schedule “A” attached hereto and
made part hereof.

 

5.02 It is understood and agreed that all employees
covered by this Agreement shall be placed at the
level of wages as listed in Schedule “A” effective the
first pay period following the date of ratification of this
Agreement.

 

5.03 An employee’s anniversary date shall be the
anniversary of the date which she commenced
employment with the Lab. Increments shall be paid
effective from the actual anniversary date.
5.04 An employee shall be entitled to payment of all
wages, vacation pay and other benefits within ten (10)
working days following termination.

 

5.05 Wages shall be quoted in terms of the hourly rates.

 

5.06 The Lab agrees to maintain a record of all
authorized hours worked by all bargaining unit
employees. Any employee wishing to see the
record of her hours may make a written request to
their Manager. The employee will be given the
opportunity to review the record, for up to the
previous six (6) pay periods, within two (2) working
days. Employees shall not ask to review the record
for the same period more than once. Wherever
possible, the review shall not be conducted during
the employee’s working hours. Employees working
in Lab Health Service Centres shall be entitled to
review their record outside of their regularly
scheduled hours.

5.07 Dynacare wants to recognize relevant work
experience from previous employers. The Company
will apply a 50% credit to each year of full-time
previous relevant work experience accumulated
within ten (10) years from your start date. Credit is
given to a maximum of five (5) steps on Schedule A.

ARTICLE 6 – JOB POSTINGS, PROMOTIONS AND TRANSFERS

6.01 Any employee promoted out of the bargaining unit
shall have the option for a period of three (3) months
after the promotion takes effect of returning to the
bargaining unit without loss of her seniority, and
during this period, the Lab shall have the same
option.

 

6.02 Upon promotion, an employee shall receive a salary
applicable to her new classification which provides
placement not lower than her current incremental
level. Any increment due shall be granted on the
anniversary date of the promotion.

 

6.03 Promotion means a change of employment from a
lower salary classification to a higher salary
classification within the scope of this Agreement.

 

6.04 Where the Lab determines in good faith that a
vacancy exists in a new or existing classification
within the scope of this Agreement, the vacancy will
be posted on bulletin boards in all labs for not less
than seven (7) calendar days, unless the parties
agree to a shorter period. For informational purposes
only, the notice will set out: classification, title (if
applicable), range of pay rates and present starting
and quitting times. A copy of the posting shall be sent
to the Association office. Job descriptions shall be
available to applicants on request.
The Company will make every reasonable effort to
select or appoint the successful candidate within ten
(10) business days from the date of removal of the
posted vacancy. 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.

ARTICLE 7 - HOURS OF WORK

7.01 The regular or normal work week shall consist of:

A) King Edward Lab – 35 hours per week, except for
all existing Cytology employees hired before
November 1, 2014 whose regular work week will
be 40 hours.

B) LHSC locations – 35-40 hours per week

C) Floats and Mobile Phlebotomists – 35 hours per
week

Full-time shifts shall be defined as five (5)
consecutive days, comprised of consecutive hours
OR multiple part-time postings combined to make a
full-time work week. Multiple part-time postings
combined to make a full-time work week shall only be
implemented when an employee applies to and is
awarded separate multiple postings.

 

7.02 Meal periods shall be scheduled and allocated by
the Lab and where operational needs permit will be
one hour in duration, provided always that each
employee shall receive at least a thirty (30) minute
meal period during each work day or normal shift of
work of at least five (5) hours’ duration.

7.03 A rest period of twenty (20) minutes shall be
scheduled and allocated by the Lab during each
continuous three (3) hour period of work.

 

7.04 Shift schedules shall be posted at least one (1) month
in advance, subject to change as mutually agreed,
such agreement not to be unreasonably withheld.

 

7.05 Where an employee is required to attend a meeting
called by the Lab on her or his day of rest or after
completing her or his scheduled shift for that day, the
employee shall be compensated in accordance with
this Agreement.

 

7.06 If the Lab considers implementing a significant
change to the normal work day, normal shift of work,
normal work week, or normal rotation of shifts, the
Lab will attempt to obtain the agreement of a majority
of affected employees at a meeting held to discuss
and consider such changes. A properly designated
representative of the Association shall be given seven
(7) days’ opportunity to attend this meeting and to
express the Association’s opinion in regard to any
proposal of the Lab and to submit any alternate
proposals for consideration. Failing implementation
of the alternate proposals, a written explanation shall
be sent to the Association. If after due consideration,
the Lab still plans to implement the change, the
affected employees will be given at least thirty (30)
days’ notice. Notice time may be adjusted by mutual
agreement between the Association and the Lab.

 

7.07 An employee shall be paid a shift premium of $1.25
per hour for all completed hours worked after 6:00
pm that day. An employee shall be paid a shift
premium of $1.25 per hour for all hours worked on
Saturday or Sunday. An employee shall be paid a
night shift premium of $2.05 per hour for all
completed hours worked after midnight and before
6:00 a.m.

 

7.08 An employee who is required to remain on duty or
return to work during her meal period shall be paid at
overtime rates for the time so worked, if such time is
authorized by Lab management.

ARTICLE 8 - OVERTIME

8.01 The Lab shall designate the manner in which
overtime is to be authorized in writing.

 

8.02 Overtime shall be deemed to mean any authorized
time worked in excess of the regular hours of work in
each day.

 

8.03 The overtime rate shall be time and one-half for all
overtime hours worked, except for any overtime
hours worked on General Holidays as defined in
Article 11.01 which shall be paid at double time.

 

8.04 If mutually agreed upon, an employee may be
granted compensatory time off equivalent to and in
lieu of the overtime payment to which the employee
would otherwise be entitled, to a maximum of three
days accumulation.

ARTICLE 9 - CALL BACK TO DUTY

9.01 The Lab agrees to discuss and negotiate in advance
an appropriate on-call system should such become
necessary.

 

9.02 An employee returning to work on a callback outside
of her scheduled working hours shall be paid at
overtime rates for not less than three (3) hours for
each such callback.

 

9.03 An employee who:

a) Travels at the company’s request or

b) Is required to travel to more than one location
on any given day shall be reimbursed as
follows:

1) $8.00 per trip plus parking costs
(against receipts) or

2) Mileage rate of $0.40/km (excludes your
daily commute to and from work) plus
parking costs (against receipts)
whichever is greater or

3) Taxi fare to the next location (against
receipts)
All time spent in travel for the employer shall
be considered as time worked.

 

c) Employees required to travel on behalf of the
Lab in excess of 1600 kilometers per year or
four (4) times a month shall be required to
purchase business Autopac coverage, the
differential for which they shall be reimbursed
by the Lab upon proof of payment.

 

9.04 The Lab agrees to maintain its current practice during
the currency of the Collective Agreement respecting
Mobile Phlebotomy, with the following daily rate
adjustments upon date of signing the current
collective agreement:

a) an employee who uses her own vehicle for
transportation to provide Mobile Phlebotomy
services shall be paid a daily rate of $7.45
plus $0.40 per km and parking costs (against
receipts). Mileage rate excludes employee’s
daily commute to and from work.

b) If the employee is required to travel to
another location, the employee shall be
reimbursed for the additional km to the
location(s) as well as any additional parking
costs (against receipts). The employee is not
eligible for the reimbursement under 9.03.

c) Autopac differential to be reimbursed (against
receipts).

 

9.05 A callback is defined as a request to return to any of
the Lab sites received by an employee during the
period between the completion of the regularly
scheduled hours of work and subsequent starting
time. A callback shall be calculated from the time the
employee arrives at the designated Lab site until the
callback work for which she was called in to do has
been completed and reported to the Manager.

 

9.06 In every period of overtime, a paid rest period of
twenty (20) minutes shall occur during each
continuous three (3) hours, unless the overtime
worked is a full shift in which regular meal/rest
periods shall occur.

ARTICLE 10 - RELIEVING RATES OF PAY

10.01 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 at the step in the higher salary
classification range that provides an increase of at
least five percent (5%) above her current rate.

 

10.02 Relief duties shall not exceed six (6) weeks. Any
period over six (6) weeks shall be treated as a
temporary promotion and so posted.

 

10.03 The appointment of an employee to a senior position
for relief duty shall be confirmed by the Lab to the
Association by letter.

ARTICLE 11 - GENERAL HOLIDAYS

11.01 The following holidays are to be observed and paid
for by the Lab:

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

plus any additional statutory holidays that may be
enacted by statute of the provincial or federal
governments. The Lab will designate the day to be
taken as the holiday if the holiday falls on a nonworking
day.

 

11.02 Employees who work on a general holiday shall be
paid time and one-half for all hours worked in addition
to the straight time pay to which they may be entitled
under this Agreement.

 

11.03 A general holiday to which an employee is entitled
under 11.01, which occurs while an employee is
receiving income protection benefits, will be paid as a
holiday, and not be deducted from accumulated
credits.

 

11.04 Part time employees will be paid five (5%) percent of
their basic pay in lieu of time off on general holidays
or alternative time off. Such holiday pay shall be
included on each regular pay cheque, and is in
addition to payment for time worked on a general
holiday.

ARTICLE 12 - VACATIONS WITH PAY

12.01 Employees with four (4) or less years of service will
earn vacation entitlement at the rate of 1.25 days for
each complete month of service (15 days per year).

 

12.02 Employees with five (5) years of service but with less
than fifteen (15) years of service will earn vacation
entitlement at the rate of 1.67 days for each complete
month of service (20 days per year).

 

12.03 Employees with fifteen (15) years of service but less
than twenty-five (25) will earn vacation entitlement at
the rate of 2.08 days for each complete month of
service (25 days per year).

 

12.04 An employee with twenty-five (25) years of service or
more will earn vacation entitlement at the rate of 2.5
days per complete month of service (30 days per
year).

 

12.05 Any employee who has not completed one year
continuous employment as at May 31st of any year
shall be given a pro-rated vacation.

 

12.06 The vacation earning period is the period between
the 1st day of June and the next following 31st day of
May.

 

12.07 The whole of the calendar year shall be available for
the taking of approved annual vacation.

 

12.08 If a Statutory Holiday occurs during an employee’s
vacation, the employee shall have the opportunity to
take an additional day of paid vacation.

 

12.09 An employee shall be given preference as to the
selection of vacation on the basis of seniority, unless
operational needs require otherwise.

 

12.10 An employee who terminates for any reason is
entitled to pay in lieu of vacation earned but not
taken, at the employee’s rate at the time of
termination.

 

12.11 The Lab shall post vacation entitlement lists not later
than February 1st of each year so that employees
may express their preference as to dates until March
1st.

For vacation between June 1st and the following
May 31st. Requests received after March 1st will be
considered on a first come, first serve basis and
based on operational requirements.

 

12.12 The Lab shall post approved vacation schedules not
later than April 1st.

 

12.13 Approved vacation will be rescheduled only by mutual
agreement, such agreement not to be unreasonably
denied.

 

12.14 Upon request, an employee may be permitted to
retain up to a maximum of three days of her regular
vacation or banked time, or a combination thereof,
for the purpose of taking such time off for personal
reasons. No request shall be unreasonably denied.

ARTICLE 13 - INCOME PROTECTION

13.01 An employee shall be entitled to payment of basic
salary during absence from work due to illness or
injury sustained by the employee or immediate family
member (spouse, child, parent, mother-in-law or
father-in-law). In addition, the employee will be
entitled to basic salary for the elimination period of the
short term disability plan. Notwithstanding the above,
these payments are to the extent that the employee
has accumulated income protection credits subject to
the following conditions.

 

13.02 Full-time employees shall accumulate income
protection credits at the rate of one (1) day per
month of accrued seniority with a maximum
accumulation of fifty-five (55) days.

 

13.03 Part-time employees shall accumulate income
protection credits on a pro-rata basis.

 

13.04 The Lab may recover income protection benefits paid
to a probationary employee if employment terminates
upon or before the expiry of such probationary period.

 

13.05 An employee who will be absent due to illness or
injury must make every reasonable effort to inform
her Manager/Charge Technologist at the earliest
opportunity, if at all possible no later than sixty (60)
minutes before commencement of the next scheduled
shift.

 

13.06 Upon sufficient notification to the Lab, and with the
Lab’s consent which shall not be unreasonably
denied, employees shall be allowed time off with pay
to attend appointments with a doctor, dentist,
optometrist or recognized medical therapist
recommended by a physician. The time utilized for
such appointments shall be deducted from
accumulated income protection to the nearest one
quarter (1/4) hour.

 

13.07 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 twelve (12) months.

 

13.08 If hospitalized due to accident or illness while on
scheduled vacation, an employee may utilize income
protection credits to cover the hospitalization and/or
post hospitalization period, and the displaced
vacation shall be rescheduled. Proof of such
hospitalization shall be provided if requested

ARTICLE 14 – BEREAVEMENT AND COMPASSIONATE LEAVE

14.01 Bereavement leave of up to four (4) working days
without loss of pay shall be granted in the event of
the death of a spouse, fiancé ,live-in partner, child,
step-child, parent, step-parent, sibling, step-sibling,
father-in-law, mother-in-law, grandparent,
grandchild, brother-in-law, sister-in-law, daughter-inlaw,
and son-in-law.

Unless other arrangements have been made, such
days may only be taken in the period which extends
from the date of notification of death up to and
including the day following funeral proceedings.
One (1) bereavement leave day may be retained for
use in the case where actual interment or cremation
is at a later date.

 

14.02 An extension of the bereavement leave may be
granted without pay where travel is required by the
affected employee. No request for such extension
shall be unreasonably denied.

 

14.03 Necessary time of up to one (1) day at basic pay shall
be granted an employee to attend a funeral as a
pallbearer.

 

14.04 Additional compassionate or bereavement leave with
or without pay may be granted in other unusual
circumstances or in the event of the death of an
individual known to the employee but not named
above. No such request shall be unreasonably
denied.

 

14.05 An employee shall be entitled to Compassionate
Care Leave, without pay to provide care or support
to a gravely ill family member for a period of up to
eight (8) weeks.

ARTICLE 15 - LEAVE OF ABSENCE

15.01 An employee will be required to submit a written
request for any leave of absence referred to in this
Collective Agreement, unless otherwise herein
stipulated. These requests will specify the reason for
the leave and will be considered on an individual
basis and may be allowed at the discretion of the Lab,
but such consent shall not be unreasonably withheld.
Unless otherwise indicated in the Collective
Agreement, except in emergencies, such requests
must be made at least four (4) weeks in advance.

 

15.02 An employee who:

a) has completed ten (10) months of employment
with the Lab, and

b) who submits a written application for leave at
least four (4) weeks before the date specified by
her as the date she intends to commence such
leave shall be granted maternity leave consisting
of:

i) seventeen (17) weeks if delivery occurs on
or before the date specified in b) above; or

ii) seventeen (17) weeks plus the additional
period if delivery occurs after the date
specified in b) above.
15.03 An employee with ten (10) months’ continuous
employment with the Lab who:

 

a) in the case of a female employee becomes the
natural mother of a child,

b) in the case of a male employee becomes the
natural father of a child, or assumes actual care
and custody of his new born child, or

c) adopts a child under the law of a province, and

d) who submits a written application for leave
shall be granted parental leave of up to seventeen
(17) weeks’ duration.

 

15.04 Where an employee intends to take parental leave in
addition to maternity leave, the employee must
commence parental leave immediately on expiry of
the maternity leave.
An employee who takes parental leave in addition to
maternity leave may be allowed a maximum of fiftytwo
(52) weeks of leave.

 

15.05 Court Duty – The Lab shall pay to each employee
serving on a jury the difference between a day’s pay
for each day up to five (5) days per week that the
employee is absent from work due to such service
and the total sum paid to the employee for such jury
duty. An employee excused from jury duty on any
given day shall report for work as scheduled.
Employees subpoenaed to give evidence on behalf of
the Crown in a criminal proceeding shall receive a
similar benefit for the period they are required to be
absent.

 

15.06 Upon written request, the Lab shall allow leave of
absence of up to two (2) months without pay and
without loss of seniority for an employee nominated
as a candidate in a federal, provincial or municipal
election. The said written request must be submitted
as far in advance as practicable, but in no case later
than the day after the employee is nominated. An
employee who is elected to public office shall have
her seniority retained but not accrued from the date of
the election.

 

15.07 An employee who is elected to public office shall be
granted leave of absence without pay for one term of
office only, and may return only upon providing proof
that she has the qualifications and the ability to
perform the work then being done. The employee will
be given up to three (3) months after expiry of her
term of office to obtain the qualifications.

 

15.08 An employee on any leave of absence up to one (1)
year covered by this collective agreement shall have
the right to return to her former classification. The
Employer shall make every reasonable effort to
assure that the employee returns to her former
position.

 

15.09 An employee shall be entitled to time off with pay up
to one (1) working day, to attend Citizenship Court to
become a Canadian citizen. If more time is
necessary, it may be granted without pay.

ARTICLE 16 - HEALTH AND WELFARE

16.01

a) The Lab shall provide and maintain lab coats
which are required to be worn on duty. All such
items remain the property of the Lab, and when
no longer required must be returned by the
employee.

b) The Lab will reimburse an employee who proves
that, through no fault of her own, she has
suffered damage to her clothing while
performing her duties according to proper Lab
procedure.

 

16.02 The Association and the employees agree to work
cooperatively with the Lab to ensure that applicable
Provincial Safety and Health standards are met and
maintained.

 

16.03 The Lab shall establish a Health and Safety
Committee with equal representation from Lab
Management and Association members. The
Committee shall meet at least once per month and
shall continue to function in accordance with the
legislation applicable at any particular time.
The minutes of each safety committee meeting shall
be provided to the Association electronically.
All Lab locations shall post Workplace Health and
Safety Committee minutes on union bulletin boards.
The member shall be paid by the Employer at her
regular or premium pay as applicable, for all time
spent carrying out her duties as assigned by the
committee or Employer as a committee member.

16.04 The Lab shall offer one session of CPR training
annually to all employees on a first come first serve
basis. The Safety Committee will facilitate this
process.

The Company will make every reasonable effort to
reimburse employees for any CPR training costs
incurred within thirty (30) days.

 

16.05 The Lab shall provide a group insurance plan with a
short-term and long-term disability plan. The plan
may be changed only by mutual agreement between
the Association and the Lab.

 

16.06 Pension Plan
Every eligible employee shall, as condition of
employment, participate in the Manitoba HealthCare
Employees Pension Plan. Contributions and benefits
shall be in accordance with the provisions of the Plan.
Employees who have successfully completed their
probationary period shall be entitled to join the
Manitoba HealthCare Employees Pension Plan.

 

16.07 At the request of an employee, the Employer shall
provide, at no cost to the employee, vaccination(s)
and/or immunizations for occupational illness(es) in
accordance with the Canadian Immunization Guide
from the Laboratory Centre for Disease for Health
Canada.

 

16.08 Pandemics

a) The employer will ensure that protective
equipment, devices, vaccinations and supplies
be made available for the protection of
employees should a pandemic emerge.

b) Necessary precautions be undertaken by the
employer to protect employees from potential
health and safety risk of infectious pandemic
diseases.

c) Pandemic shall be defined as per the World
Health Organization (WHO) three conditions:

i) The emergence of a disease new to the
population
ii) The agent infects humans, causing serious
illness
iii) The agent spreads easily and sustainably
among humans.

 

16.09 The Employer and the Association jointly agree that
there shall be no discrimination against any employee
because of Union membership or non-membership or
Union activity.

It is further agreed that there shall be no
discrimination as defined in The Human Rights Code.
For informational purposes only, The Human Rights
Code presently prohibits discrimination on the basis
of: ancestry, nationality, ethnic background, religion,
age, sex, gender determined characteristics, sexual
orientation, marital or family status, source of income,
political belief, association or activity, and physical or
mental disability.

 

16.10 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 Manager or the Director in cases where the
immediate Manager 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 of the parties.
Situations involving abuse shall be treated in a
confidential manner by the Employer, the Association
and the employee(s).

The Employer and Association agree that no form of
sexual harassment 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
sexual harassment shall be treated in strict
confidence by both the Employer and the Association.

ARTICLE 17 - TECHNOLOGICAL CHANGE

17.01 “Technological change” means the introduction into
the Lab of new equipment or test procedures different
from those previously used in the Lab’s operation
which causes a change in the manner in which
employees in the bargaining unit perform their duties.

 

17.02 The Lab agrees to give the Association at least ninety
(90) days’ notice whenever new technology is to be
introduced which may affect the terms and conditions
of employment and the security of employment of any
member(s) of the bargaining unit. The Lab shall
provide the Association with a list of affected
employees.

 

17.03 The Lab agrees to give first opportunity to existing
employees to be trained in order to acquire new skills
required as a result of the introduction of different
equipment and procedures through technological
change.

 

17.04 The Lab further agrees that where reasonably
practical, it shall eliminate bargaining unit positions by
attrition rather than by layoff. Those so laid off shall
be entitled to any rights conferred under Article 19.

 

17.05 Where new or greater skills are required than are
already possessed by affected employees under the
present methods of operations, such employees
shall, at the expense of the Lab, be given a training
period during which they may acquire the skills
necessitated by the new method of operation. There
shall be no reduction in wage or salary rates during
the training period of any such employee.

 

17.06 The parties agree that the provisions of The Labour
Relations Act respecting technological change
(Sections 83, 84, and 85, formerly Sections 72, 73
and 74) shall have no application to this unit.

ARTICLE 18 - PART-TIME EMPLOYEES

18.01 Part-time employees shall be covered by all
provisions of this agreement and will receive a prorata
share of salary, annual vacation, income
protection and general holidays.

 

18.02 A part-time employee who reports for work at the
Lab’s request, where the Lab has not made
reasonable efforts to inform her that her shift is
cancelled, shall be paid not less than three (3) hours’
pay at her basic rate.

 

18.03 Any part-time employee who wishes to receive hours
in addition to her regular schedule may so indicate in
writing to the Manager, and, if available, will be
considered when additional, available shifts or hours
are required.

Part-time employees who make it known to the Lab
that they are willing to work occasional additional
shifts shall be given preference over casual
employees in the assignment of such shifts, providing
they have the necessary qualifications. This provision
shall not apply if it would result in the part-time
employee working in excess of the regular hours of
work as per Article 7.01.

ARTICLE 19 - JOB SECURITY, LAYOFF AND RECALL

19.01 The Lab agrees to notify the Association in advance
and meet to discuss all matters which significantly
affect the security of employment of members of the
bargaining unit.

 

19.02 In matters of layoff and recall, seniority shall be the
governing factor.

 

19.03 Recall shall be made by registered mail to the last
known address on record with the Employer and shall
provide up to two (2) week’s notice to report back to
work. The employee is required to contact the Lab
within one (1) week of such notice, confirming her
intention to return to work as scheduled or to make
other reasonable alternative arrangements. An
employee who declines to return to a position
comparable to that held prior to layoff, without
reasonable cause, shall be considered terminated.

 

19.04 In the event of a deletion of an occupied position, as
much notice as possible shall be given to the
incumbent and the incumbent will be entitled to
exercise her seniority rights, to displace an
employee in a position of equal or lower
classification. Any employee thus displaced shall
also be entitled to a like exercise of seniority rights.
An employee who exercises her seniority rights shall
be entitled to a reasonable familiarization period not
to exceed 450 hours. 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 lay-off status and the person
originally displaced from the position shall, if not yet
recalled, be returned to the position.

 

19.05 In the event of layoff, employees with four (4) years or
less seniority, shall receive five (5) weeks’ notice or
pay in lieu of such notice. Employees with five (5)
years or more of seniority shall receive notice based
on one week per year of seniority, with a minimum of
six (6) weeks’ notice and a maximum of eight (8)
weeks, or pay in lieu of such notice.

 

19.06 Work shall not be contracted out for the purpose of
eliminating bargaining unit positions.

 

19.07 An employee who is demoted due to a reason other
than unsatisfactory performance shall continue to be
paid her current basic salary until the rate for the
classification to which she was demoted exceeds her
current rate.

ARTICLE 20 - SENIORITY

20.01 Seniority shall be defined as the length of continuous
employment of a full-time or part-time employee
covered by this Agreement from the last date on
which she commenced work with the Lab. Where the
merit, skill and ability of the employee(s) is relatively
equal, in matters of vacancy selection or promotion,
seniority will be the governing factor. The employer
agrees to perform annual performance appraisals.

 

20.02 Seniority of an employee will continue to accrue
during:

a. any period of paid income protection or other paid
leave;

b. absence on Workers’ Compensation for up to two
(2) years;

c. authorized unpaid leave of absence of four (4)
weeks or less;

d. layoff of twenty-six (26) weeks or less;

e. authorized educational leave of (6) six months or
less;

f. Parenting leave (Adoption, Maternity and Parental)
granted to a combined maximum of fifty-two (52)
weeks within a one (1) year period;

g. any period of approved unpaid leave of absence
for Association purposes of up to one (1) year;

h. any period of unpaid leave of absence due to
injury or illness which is compensable by Long-
Term Disability (LTD) for a period of up to two (2)
years from the date of the first absence from work
related to the injury or illness.

 

20.03 Seniority of an employee will be retained but will not
continue to accrue during:

a. authorized unpaid leave of absence of more than
four (4) weeks;

b. absence on Workers’ Compensation benefits for
more than two (2) years;

c. authorized education leave greater than six
months but less than one (1) year.

d. layoff of more than 26 weeks but less than 24
months.

e. absence due to illness, with sufficient medical
information, for longer than two (2) years

 

20.04 Seniority will terminate if an employee:

(a) resigns, retires or goes on permanent disability;

(b) is discharged and is not reinstated;

(c) is laid off for more than twenty-four (24)
months.

(d) is promoted or transferred to a permanent
position outside of the bargaining unit and
completes the trial period.

(e) changes from permanent or temporary status to
casual status.

 

20.05 The Company will provide the Association and post
for the employees a list of all employees within the
bargaining unit, showing their names, classification,
seniority date and service date in each lab and
LHSC in February, June and October. Any errors
noted must be reported within a reasonable
timeframe and will be corrected in a timely manner.
A full list including the employee’s income protection
credits and vacation entitlement will be provided to
the Association in February.

ARTICLE 21 - NEGOTIATING COMMITTEE

21.01 Employees will not be required to lose pay as a
result of serving on the negotiating committee. Up
to five (5) representatives of the Association who are
in the employ of the employer shall receive pay
during such time that they are involved in negotiating
a new collective agreement or are negotiating the
revision of an existing collective agreement with the
employer. The employer and the Association will
schedule such meetings taking into consideration
the operational requirements of the lab on a mutually
agreed time and place. The employees will be paid
by the employer and the employer will be
reimbursed 50% by the Association.

ARTICLE 22 - ASSOCIATION SECURITY

22.01 The Association agrees to provide the Lab with a
current list of officers and authorized representatives
from within the bargaining unit and shall provide the
Lab with a revised list from time to time as the
occasion may require.

 

22.02 An employee who is elected as an Officer of the
Association may be granted necessary leave of
absence with pay to conduct Association business
away from the Lab, provided such absence does not
disrupt departmental needs. The Association will
reimburse the Lab for direct salary and benefit costs
incurred during such absences.

 

22.03 The Lab agrees to deduct the current Association
dues from the pay of each employee in the bargaining
unit.

 

22.04 The Lab will remit dues deducted to the Association
on a monthly basis, along with a list of employees
from whom deductions have been made, and
information as to any status changes. 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 it’s discretion, choose
to remit dues to the Association via an electronic
funds transfer method.

 

22.05 The Association shall notify the Lab in writing of any
change in the amount of dues to be deducted at least
one (1) month prior to the effective date of change
and dues shall not be adjusted more frequently than
twice in each calendar year.

 

22.06 The Lab agrees to provide a bulletin board at each
Lab location for the posting of notices by the
Association, provided, however, that no notice will be
posted without the prior consent of the Manager or
designate.

 

22.07 The Lab shall allow a representative of the
Association access to the Lab where necessary to
conduct urgent business of the Association subject to
the following conditions:

(a) arrangements must be made as far in advance
as possible with the Manager or his designate;

(b) interviews shall take place in a suitable private
location designated by the Lab; and

(c) interviews shall take place during lunch or coffee
breaks whenever possible, and, where not
possible, shall be limited to a maximum of fifteen
(15) minutes.

 

22.08 A staff representative of the Association will be
granted up to fifteen (15) minutes, at a mutually
agreeable time, to familiarize a new employee with
the Association and this Agreement.

 

22.09 The Lab will notify the Association of any new
locations it opens that differs from Schedule C, if
bargaining unit employees will be employed at such
locations.

ARTICLE 23 - GRIEVANCE PROCEDURE

23.01 The parties to this Collective Agreement recognize
the desirability for resolution of grievances through an
orderly process without stoppage of work or refusal to
perform work.

 

23.02 It is mutually agreed that an effort shall be made to
resolve complaints or disputes through discussion
before a written grievance is initiated.

 

23.03 A grievance is defined as any difference concerning
the interpretation, application, administration or
alleged violation of this Agreement. An effort shall be
made by the employee to resolve an employee’s
complaint through discussion with his Manager
before a written grievance is filed as set out in Step
1 in Article 23.05.

 

23.04 An employee may elect to be accompanied or
represented by an Association Representative at any
stage of the Grievance/Arbitration procedures.

 

23.05 If discussion with the Manager does not result in a
satisfactory adjustment of the employee’s complaint,
an earnest effort shall be made to settle grievances
properly arising under this agreement in the
following manner:

 

STEP 1:

The employee shall file a grievance in writing to the
Human Resources Manager or her designate within
ten (10) working days immediately following the date
upon which the employee or the Association first
became aware of the event or circumstance giving
rise to the grievance. The grievance shall be signed
and dated by the employee or the Association. The
nature of the grievance, the article or articles of this
Agreement alleged to have been violated and the
remedies sought shall all be clearly set out in the
written grievance. The HR Manager or her designate
shall render her decision in writing within ten (10)
working days of receipt of the written grievance.

 

STEP 2:

Failing satisfactory settlement of the grievance at
Step 1, the employee or the Association shall meet
with the Lab Director or the Director of Patient
Services (or their respective designates) to discuss
the grievance within ten (10) working days of receipt
of the decision of the HR Manager at Step 1. The
Lab Director or the Director of Patient Services (or
their respective designates) shall render their
decision in writing within ten (10) working days after
the meeting.

 

STEP 3:

Failing satisfactory settlement of the grievance at
Step 2, either the Company or the Association may
submit the grievance to arbitration in accordance
with the provisions of Article 23.08.

 

23.06 Policy Grievance

A grievance arising directly between the Company
and the Association concerning the interpretation,
application or alleged violation of this Agreement
shall be initiated by either the Company or the
Association at Step 3 of the grievance procedure
within ten (10) working days after the event or
circumstance giving rise to such policy grievance.
The nature of the grievance, the article or articles of
this Agreement alleged to have been violated and
the remedies sought shall all be clearly set out in the
written grievance.

 

23.07 In the event a non-probationary employee claims
that he has been disciplined or discharged without
just cause, such employee shall submit a written
grievance at Step 2 of the grievance procedure
within ten (10) working days after being notified by
the Company in writing of his discipline or discharge.
If not presented, the grievance shall be forfeited and
waived by the aggrieved party.

 

23.08 Single Arbitration Process
Within fifteen (15) working days from the receipt of
the decision at Step 3 above, a request for
arbitration shall be made in writing by either party,
addressed to the other party to this Agreement and
shall be made after exhausting the grievance
procedure established by this Agreement. It is
agreed that disputes which are carried to the
arbitration stage shall be heard before a single
arbitrator. The Lab and the Association having
expressed confidence in the ability of the under
mentioned persons agree that they shall be called to
arbitrate on a rotation basis and in order of their
listing:

Mr. Arne Peltz
Mr. Gavin Wood
Mr. Colin Robinson
Mr. Blair Graham

If the arbitrator whose turn is indicated cannot act
within a reasonable time, he shall advise the parties
within fifteen (15) days of his appointment, the
succeeding names will be approached in order until
an arbitrator is reached who can sit within a
reasonable time. Should all listed persons be
unwilling or unable to serve when so approached an
unlisted person will be appointed by the Minister of
Labour for Manitoba. Persons selected under this
Article, or persons who when requested to serve are
unwilling or unable to do so, shall be rotated to the
bottom of the list. The arbitrator chosen shall certify
the corrected order of the list of arbitrators as part of
his decision of each arbitration. It is anticipated that
the arbitrator will submit the award within thirty (30)
days from the date of hearing.

The arbitrator shall not have the authority to amend,
add to, or in any other manner change any provision
of this Agreement or any signed Memorandum of
Agreement between the parties.

 

23.09 If necessary, the arbitrator may be requested to
clarify the terms of his award. All grievances
submitted shall present an arbitral issue under this
Agreement and shall not involve the determination of
a subject matter not covered by or arising during the
term of this Agreement.

 

23.10 It is the intention of the parties that this Article shall
provide a peaceful method of adjusting all
grievances, so that there shall be no suspension or
interruption of normal operation, as a result of any
grievance. The parties shall act in good faith in
accordance with the provisions of this Agreement.

 

23.11 The decision of the arbitrator shall be final and
binding on both parties and on any employee
affected by it, and his expenses shall be borne onehalf
by the Lab and one-half by the Association.

 

23.12 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.

 

23.13 The decision of the arbitrator shall be final and
binding on both parties and on any employee affected
by it, and his expenses shall be borne one-half by the
Lab and one-half by the Association.

 

23.14 The time limits fixed in the arbitration procedure may
be extended by written agreement by the parties.

ARTICLE 24 - DISCIPLINE AND DISCHARGE

24.01 The Lab shall not discipline or dismiss any nonprobationary
employee bound by this Agreement,
except for just cause.

 

24.02 When it becomes necessary to take disciplinary
action other than a verbal warning, an employee shall
be entitled to a meeting prior to the imposition of
discipline or discharge, unless he is a danger to
himself or others, and to be represented at such a
meeting by a staff representative from within the
bargaining unit, unless he refuses such
representation.

 

24.03 Employees shall be notified in writing of the grounds
for discipline and discharge. A copy shall be
forwarded to the Association.

 

24.04 Any material concerning an employee which is to be
relied upon by the Lab in any arbitration shall be kept
in a file to which the employee will be granted access
upon request, in the presence of management. The
employee shall be entitled to comment or respond in
writing to any adverse report, and such comment or
response shall be dated and kept on the file. An
employee shall be entitled to one (1) copy of any
document on the said file, upon request in writing. An
employee may examine this 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.

 

24.05 An employee shall be advised promptly in writing of
the reason for the discipline or suspension with a
copy being sent to the Association. The record of any
adverse report or disciplinary action shall be removed
from her file after one (1) year, if there are no further
incidences.

 

24.06 An employee who considers herself to have been
wrongfully disciplined, suspended, or discharged shall
be entitled to submit a grievance under Article 23,
Grievance Procedure.

ARTICLE 25 - DURATION

25.01 This Agreement shall be in effect from April 1, 2014
and remain in effect until March 31, 2018

 

25.02 Either party to this Agreement may, not less than
thirty (30) days or more than ninety (90) days before
the expiring date, give notice in writing to the other
party of a desire to renew or revise the Agreement.

 

25.03 This Agreement may be amended during its term by
mutual agreement in writing.

ARTICLE 26 - STRIKES AND LOCKOUTS

26.01 It is mutually agreed that there shall be no strikes,
lockouts, work stoppages or any action to limit or
restrict production or output during the life of this
Agreement. The provisions of this Agreement shall
continue in effect following the expiration date until
replaced by a new Agreement or until the lawful
declaration of a strike or lockout, whichever occurs
first. Each party agrees to give the other fourteen
(14) calendar days’ notice in writing before
declaration of a strike or lockout.

ARTICLE 27 – NOTICE OF TERMINATION

27.01 Employment may be terminated voluntarily by an
employee, by giving at least two (2) weeks’ notice in
writing exclusive of any vacation due.

ARTICLE 28 – EDUCATIONAL LEAVE

28.01

A) The Employer and the Association mutually
recognize that additional and continuing
education of employees is desirable as a means
of enhancing patient care and improving the
effectiveness of employee performance.

 

B) Leave of absence with or without pay may be
granted for educational programs approved by
the Employer subject to the following conditions:

i) Leave with salary may, at the discretion of the
Employer, be granted to employees who apply
for leave to take an educational course
recognized by the Employer, in order to perform
current or anticipated duties more effectively.

ii) Application shall be made in writing to the
Employer, including a description of the course
or courses to be taken; and the duration of
leave applied for, subject to the terms of this
Article.

iii) When an employee qualifies for leave with
salary in accordance with B i) above, she shall
be paid such portion of her salary not
exceeding ten percent (10%) thereof for each
full year of service to a maximum of seventyfive
percent (75%) of full salary.

iv) Educational leave of over one (1) year shall be
considered.

 

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

D) The Employer will attempt to provide the
equivalent of two (2) days of in-service education
for each employee annually. Such training may
be provided during the regular working hours or
otherwise based on business requirements.

E) Where an employee is required to prepare
presentations on behalf of the employer for any
conference, workshop or seminar, all preauthorized
time spent by the employee on
preparing such presentations shall be considered
to be time worked.

 

28.02 Subject to the written prior approval of any excluded
Manager of the lab, an employee who takes an
educational course outside of working hours that her
supervisor indicates is relevant to her employment,
the lab will reimburse the employee for seventy-five
percent (75%) of the tuition fee to a limit of $350.00
upon the successful completion of the course. Proof
of successful completion will be required.

ARTICLE 29 – ASSOCIATION & MANAGEMENT MEETINGS

29.01 During the term of this agreement, the parties shall,
at the request of either party, meet at least once
every two months for the purpose of discussing
issues relating to the workplace which affect either
party.

SIGNED THIS _______ DAY OF ________, 2015.
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
for the Employer                           for the Association

Memorandums

MEMORANDUM OF UNDERSTANDING #1 RE: EMPLOYMENT SECURITY

MEMORANDUM OF UNDERSTANDING #1

RE: EMPLOYMENT SECURITY

 

Whereas the Lab is concerned with its employees’
employment security, and

Whereas the Association is concerned with its members’
employment security, and

Whereas within the Province of Manitoba health care reform
continues to be explored, and

Whereas, there may be a need to examine the current
complement of employees covered by the provisions of the
Collective Agreement.

 

1. It will be incumbent upon the Lab to notify the
Association, in writing, at least ninety (90) days if
possible, prior to any alteration in the delivery of health
care and/or in the current complement of employees
covered by the provisions of this Collective Agreement.

2. If it becomes necessary to reduce the staffing
complement, all avenues relevant to the issue of
employment security for the employees will be examined
and discussed between the Lab and the Association, no
later than twenty (20) days after the above.

3. The Lab and the Association agree to meet to develop
the process for the planned reductions within five (5)
days after the above.

4. The Lab will, wherever reasonably possible, carry out
these reductions by way of attrition.

5. In keeping with the Lab’s commitment to ensure that
any affected employee shall retain employment with the
Lab, and where reductions cannot be dealt with through
attrition, the Lab will make every possible effort to
reassign the employee(s) affected to an equivalent
position within the facility. The Layoff and Recall
provisions of the Collective Agreement will apply where
reassignment is not possible.

6. In the event of #5 above occurring or in the event of the
closure of a facility, and in conjunction with #7 below, the
Employer will make every reasonable effort to achieve
necessary funding for retraining and redeployment of
employees.

7. The Employer will also co-operate with other facilities,
with WRHA and/or the Government of Manitoba, to
participate (excluding financial commitment) in the
establishment of a broader redeployment and retraining
effort.

 

SIGNED THIS _______ DAY OF ________, 2015.
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
for the Employer                     for the Association

MEMORANDUM OF UNDERSTANDING #2

MEMORANDUM OF UNDERSTANDING #2
RE: ASSINIBOINE LAB SERVICE & SENIORITY

Between:
Dynacare

And

Manitoba Association of Health Care Professionals (“MAHCP”)
Whereas Dynacare acquired Assiniboine Medical Holdings

on April 15th, 2011 (“AMH”);

Whereas Dynacare hired certain former employees of
Assiniboine Medical Holdings on April 18, 2011 as new
employees of Dynacare (“New Employees”);

Given the specific and unique circumstances related to this
acquisition, Dynacare and MAHCP have agreed to the
following:

1. The Seniority Date for the New Employees shall be April
18, 2011 except solely for purposes of determining their
entitlement to notice of lay-off under Article 19.05, the
seniority for the new employees shall be their date of
initial hire by AMH.

2. Placement of the New Employees on the current seniority
list shall reflect the date of hire, April 18, 2011.

3. The parties agree that the seniority of the New
Employees, between themselves as new members of the
bargaining unit shall be commensurate with each New
Employee’s years of service to AMH as per Schedule “A”
attached hereto.

4. The parties agree the New Employees will maintain their
original service dates, being the date of initial hire by

AMH and the service dates will be used for the purpose of
determining New Employees’ service, and that all those
benefits under the Collective Agreement that are
calculated with reference to service, like vacation and
Schedule “A” pay scale, shall be calculated according to
the New Employees’ AMH original service dates.

 

SIGNED THIS _______ DAY OF ________, 2015.
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
for the Employer                     for the Association

MEMORANDUM OF UNDERSTANDING #3

MEMORANDUM OF UNDERSTANDING #3

RE: TRAINOR LAB SERVICE & SENIORITY

Between:

Dynacare

And

Manitoba Association of Health Care Professionals (“MAHCP”)

Whereas Dynacare acquired Trainor Medical Laboratories
on November 1st, 2011 (“TML”);

Whereas Dynacare hired all former employees of Trainor
Medical Laboratories on November 1st, 2011 as new
employees of Dynacare (“New Employees”);
Given the specific and unique circumstances related to this
acquisition, Dynacare and MAHCP have agreed to the
following:

 

1. The Seniority Date for the New Employees shall be
November 1st, 2011 except solely for the purposes of
determining their entitlement to notice of lay-off under
Article 19.05, the seniority of the new employees shall be
their date of initial hire by TML.

2. Placement of the New Employees on the current
seniority list shall reflect the date of hire, November 1st,
2011.

3. The parties agree that the seniority of the New
Employees, between themselves as new members of the
bargaining unit shall be commensurate with each New
Employee’s years of service to TML as per Schedule “A”
attached hereto.

4. The parties agree the New Employees will maintain their
original service dates, being the date of initial hire by
TML and the service dates will be used for the purpose of
determining New Employees’ service, and that all those
benefits under the Collective Agreement that are
calculated with reference to service, like vacation and
Schedule “A” pay scale, shall be calculated according to
the New Employees’ TML original service dates.

 

SIGNED THIS _______ DAY OF ________, 2015.
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
for the Employer                     for the Association

MEMORANDUM OF UNDERSTANDING #4

MEMORANDUM OF UNDERSTANDING #4

RE: PAYROLL IN ARREARS

Between:

Dynacare

And

Manitoba Association of Health Care Professionals (“MAHCP”)

Whereas Dynacare is transitioning to “payroll in arrears” on
June 22, 2012; Dynacare and MAHCP have agreed to the
following:

1. The company agrees to provide the necessary advance
to all current employees to transition to the new payroll
in arrears system.

2. These advances will be reconciled at the end of the
employment relationship

3. All future new hires will be administered in accordance
with the new payroll in arrears system.

4. Any current employees transitioning to casual status
from full time or part time status will be subject to
reconciliation of any payroll advance in the same
fashion as those employees who end the employment
relationship.

5. The amount of the advance will be demarcated on each
employee’s pay statement for current and future
reference.

 

SIGNED THIS _______ DAY OF ________, 2015.
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
for the Employer                     for the Association

MEMORANDUM OF UNDERSTANDING # 5

MEMORANDUM OF UNDERSTANDING # 5

RE: BRANDON CLINIC

Between:

Dynacare

And

Manitoba Association of Health Care Professionals (“MAHCP”)

WHEREAS Dynacare acquired The Brandon Clinic and The

Western Medical Clinic (together, “The Brandon Clinic”) on
August 1, 2013;

AND WHEREAS in connection with these acquisitions

Dynacare hired certain former employees of The Brandon
Clinic who had been covered by a collective agreement
between the Brandon Clinic and the MAHCP, and who
became employees of Dynacare as a result (the “Brandon
Clinic Employees”);

1. The Brandon Clinic employees who were covered under
the current Brandon Clinic collective agreement will now
be governed by the Dynacare Winnipeg Collective
Agreement effective April 29, 2015 and, subject to
confirmation from the Manitoba Labour Board, shall be
included in the bargaining unit covered by the Dynacare
Winnipeg Collective Agreement, (“the Winnipeg CBA”)
subject to the following terms and conditions:

a. Article 1.01 will be amended to add “the City of
Brandon”.

 

b. Subject to the foregoing, the terms of the Winnipeg
CBA will apply to the Brandon Clinic Employees
effective April 29, 2015 except as provided below:

i. For all benefits under the Winnipeg CBA, seniority for
the Brandon Clinic Employees shall be their date of
hire with the Brandon Clinic.

ii. Effective April 1, 2014, salaries shall be paid to the
Brandon Clinic Employees in accordance with
Schedule “A” in the Winnipeg Collective Agreement.

iii. The Brandon Clinic Employees who were at the Start
Rate as of April 1, 2014, in Schedule “A” of the
current Brandon Clinic collective agreement will be
red-circled until the Winnipeg CBA Start Rate
exceeds their current hourly rate or the employee
moves to the next salary increment, whichever
occurs first.

iv. As expeditiously as practicable, Dynacare will
transition the Standard Life group benefit plan to
Group Health Benefits Solutions, in accordance with
the Winnipeg CBA.

v. Eligible Brandon Clinic Employees shall participate in
the Health Care Employees Pension Plan (“HEPP”)
effective on April 1, 2016 subject to, and in
accordance with the terms of HEPP and any
applicable legislation. In the interim, eligible Brandon
Clinic Employees shall continue to participate in the
current group RRSP plan.

vi. For 2015, eligible Brandon Clinic Employees will be
required to take the Floater Holiday, as set out in the
Brandon Clinic collective agreement, not later than
December 31, 2015, after which the Floater Holiday
provision shall have no application to the Brandon
Clinic Employees, as this is not a term of the
Winnipeg CBA.

 

SIGNED THIS _______ DAY OF ________, 2015.
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
___________________ ____________________
for the Employer                    for the Association

Schedules

Schedule A

Schedule B

Important Phone Numbers

IMPORTANT PHONE NUMBERS

Health Care Employees Pension Plan (HEPP) 204-942-6591 / 1-888-842-4233

Group Health Benefits Solutions – RCS Insurance204-942-0936

Canada Pension Plan 1-800-277-9914

Community Unemployed Help Centre 204-942-6556 / 1-866-942-6556

Occupational Health Centre 204-949-0811 / 1-888-843-1229

Human Rights Commission 204-945-3352

Workers Compensation Board 204-954-4321 / 1-800-362-3340

Worker Advisor Office 204-945-5787 / 1-800-282-8069

Workplace Safety & Health 204-945-3446 / 1-800-282-8069