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Society for Manitobans with Disabilities

COLLECTIVE BARGAINING
AGREEMENT

-Between-

MANITOBA ASSOCIATION OF HEALTH
CARE PROFESSIONALS
{Herein called the “Association”}

-and-

SOCIETY FOR MANITOBANS WITH
DISABILITIES INC.
{Herein called the “Employer”}

COLLECTIVE AGREEMENT

April1, 2014 to March 31, 2019

PDF VERSION

Introduction

Introduction

COLLECTIVE BARGAINING
AGREEMENT

-Between-

MANITOBA ASSOCIATION OF HEALTH
CARE PROFESSIONALS
{Herein called the “Association”}

-and-

SOCIETY FOR MANITOBANS WITH
DISABILITIES INC.
{Herein called the “Employer”}

COLLECTIVE AGREEMENT

April1, 2014 to March 31, 2019

WHEREAS the Association is the certified bargaining agent for certain specified
employees of the Employer; and

WHEREAS the Association and the Employer desire to promote the morale, well-being
and security of those employees and ensure excellence in provision of habilitative and
rehabilitative services that assist in the development of individual independence and
community based support for persons with disabilities; and

WHEREAS the Association and the Employer have agreed to enter into a Collective
Agreement containing terms and conditions of employment of those employees; including
provisions as to rates of pay and hours of work;

NOW THEREFORE, the Association and the Employer agree to a Collective Agreement
as follows:

ARTICLE 1: SCOPE AND APPLICATION OF AGREEMENT

101 The Employer recognizes the Association as the sole bargaining agent for
employees in the bargaining unit defined in the Manitoba Labour Board Certificate
MLB-6153 or subsequent amendments thereto.

 

102 If the Employer and the Association disagree as to whether a person is an
employee within the terms of The Labour Relations Act for the Province of
Manitoba, and appropriate for inclusion within this Agreement, then either or both
of them may refer the matter to the Manitoba Labour Board for a ruling. Nothing in
this Article waives the right of either party to object to such an application for
grounds including jurisdiction or appropriate forum.

 

103 If a dispute as to employee status under The Labour Relations Act and/or
whether a position is within the scope of the bargaining unit results in a finding
that a person is an employee within the scope of the bargaining unit, then the
Employer and the Association agree to meet forthwith to negotiate the
classification and the salary schedule for that employee, for inclusion in this
Agreement.

 

104 No employee will be required to make any written or verbal agreement which
conflict with the terms of this Agreement.

ARTICLE 2: DEFINITIONS

Wherever used in this Agreement, the following words shall have the meaning
hereinafter set forth.

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

 

201 ASSOCIATION OR UNION – means the Manitoba Association of Health Care
Professionals

 

202 BASIC PAY, RATE OR SALARY- means the amount indicated in Schedule “A”.

 

203 BI-WEEKLY PAY PERIOD – means two (2) consecutive weeks constituting the
regular pay period.

 

204 DAYS – “day” or “days” do not include Saturdays, Sundays, or general holidays
unless specifically indicated in this Agreement.

 

205 DISMISSAL – means the removal of an employee for disciplinary reasons from a
position of employment for just cause.

 

206 EMPLOYEE – means a person employed by the Employer in a position which is
included in the bargaining unit.

 

207 EMPLOYER – means Society for Manitobans with Disabilities, Inc.

ARTICLE 2: DEFINITIONS

Wherever used in this Agreement, the following words shall have the meaning
hereinafter set forth.

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

 

201 ASSOCIATION OR UNION – means the Manitoba Association of Health Care
Professionals

 

202 BASIC PAY, RATE OR SALARY- means the amount indicated in Schedule “A”.

 

203 BI-WEEKLY PAY PERIOD – means two (2) consecutive weeks constituting the
regular pay period.

 

204 DAYS – “day” or “days” do not include Saturdays, Sundays, or general holidays
unless specifically indicated in this Agreement.

 

205 DISMISSAL – means the removal of an employee for disciplinary reasons from a
position of employment for just cause.

 

206 EMPLOYEE – means a person employed by the Employer in a position which is
included in the bargaining unit.

 

207 EMPLOYER – means Society for Manitobans with Disabilities, Inc.

 

208 EMPLOYMENT STATUS shall be defined as:

a) FULL TIME EMPLOYEE- means an employee who is scheduled on a regular
ongoing basis to work the regular hours described in Article 10 (Hours of
Work and Shift Schedules). A full time employee is covered by all provisions
of this Agreement, unless otherwise specified.

b) PART TIME EMPLOYEE – means an employee who is scheduled on a
regular ongoing basis and who regularly works less than the hours of work
as set out in Article 10 (Hours of Work and Shift Schedules)

c) TERM EMPLOYEE- as defined in Article 32 (Term Employees)

d) CASUAL EMPLOYEE- as defined in Article 31 (Casual Employees)

e) PROBATIONARY EMPLOYEE – as defined in Article 30 (Probationary
Employees)

 

209 POSITION – means a position of employment with the Employer that is in the
bargaining unit.

 

210 PROFESSIONAL ORGANIZATIONS

a) COTM- College of Occupational Therapists of Manitoba

b) CPM – College of Physiotherapists of Manitoba

c) MSHA- Manitoba Speech and Hearing Association

 

211 SHIFTS- for identification purpose, shifts will be named as follows:

a) DAY SHIFT – means a shift in which the major portion occurs between 0800
hours and 1600 hours.

b) EVENING SHIFT- means a shift in which the major portion occurs between
1600 hours and 2400 hours.

 

212 STAFF REPRESENTATIVE- means an employee appointed or elected by the
Association who is authorized to represent the Association.

 

213 TERM POSITION -shall be a position filled by a temporary employee or another
employee on terms and conditions set out in Article 32 (Temporary Employee).

 

214 TERMINATION – means the permanent separation of an employee from a
position of employment whereby all commitments to that employee have been
discharged by the Employer.

 

215 TRANSFER – means a change by an employee from one position to another
position with the same salary range.

 

216 WEEKEND – means the period of approximately forty-eight (48) hours which
commences at or about 0001 hours on Saturday and ends at or about 2400
hours on Sunday.

 

217 EFT – Shall be defined as Equiva lent to Full Time

ARTICLE 3: OCCUPATIONAL CLASSIFICATIONS

301 In the event that the Employer creates a new classification, or alters an
existing classification, the job description and wage rate for such classification
shall be established by the Employer with notification to the Association and
affected employees. Written notice of objection must be given to the Employer by
the Association within thirty (30) days after the notification above or such
classification and wage rate shall be considered approved and shall form part of
the Agreement.

 

302 Where the Association objects to the wage rate for a new or altered classification
established by the Employer, negotiations or the Arbitration Procedure set out in
Article 9 must be utilized to resolve the difference within sixty (60) days
following the Employer notifying the Association in a) above.

 

303 Where an employee at any time believes that their position is incorrectly
classified, the employee may apply, in writing, to their Director to be classified to a
different classification.

 

304 The Director shall reply in writing, within ten (1 0) days from the date the
request from the employee was received by the Director.

 

305 If the reply from the Director is not satisfactory, the employee may grieve
commencing at Step 2 of the Grievance Procedure; within fifteen (15) days from
the date the reply was received from the Director.

 

306 A revision to an existing job description to reflect more accurately the job
content of any classification shall not necessarily constitute change in job
content.

 

307 The Employer shall provide a copy of all job descriptions and
classifications to the Association upon establishing or revising them.

 

308 When the Employer is making changes to any position description it will
provide the Association with notice of the changes no less than sixty (60) days
prior to the implementation date. The Employer agrees to meet with the
affected employees and the Association to discuss the changes.

ARTICLE 4: MANAGEMENT RIGHTS

401 The Association recognizes that the Employer retains all the rights, powers and
authority in management except those specifically abridged or modified by this
Agreement. Without restricting the foregoing, the Employer has the sole and
exclusive right to:

a) plan, direct and control the operations and method of operations;

b) maintain order, and efficiency, including making rules that are not inconsistent
with this Agreement;

c) direct the workforce; to transfer, assign jobs or duties; layoff, close or establish
any program or service provided; and

d) discipline, including suspend or discharge any employee for just cause.

 

402 In administering this Agreement, the Employer shall act reasonably, fairly, in
good faith, and in a manner consistent with the Agreement as a whole.

ARTICLE 5: ASSOCIATION SECURITY

501 A copy of this Collective Agreement shall be provided by the Association to each
employee bound by the Agreement. The cost of printing shall be shared equally
by the Employer and the Association. The Association will provide sufficient
copies for Employer administration needs.

 

502 All employees who are Association members in good standing or who may
subsequently become Association members in good standing, shall as a condition
of employment maintain Association membership during the life of this Agreement.
All employees who are not Association members shall not be required to become
members as a condition of employment. All new employees hired shall as a
condition of employment, become Association members within ninety (90) days
from the date of employment and shall as a condition of employment, remain
Association members in good standing during the life of this Agreement. During
the thirty (30) day interval immediately preceding the renewal date of this
Agreement, any member may make application to the Association requesting
termination of their membership.

 

503

a) For time spent with Employer Representatives during negotiations, the
Association will be allowed to have no more than one ( 1 ) employee from
each professional discipline in the bargaining unit present at each bargaining
session.

b) Prior to the commencement of negotiations, the Association shall supply the
Employer with a list of employees on the negotiating committee. Dependent
upon operational requirements, requested leave for such employees shall
not be unreasonably denied.

c) Where such leave of absence has been granted, the Association shall
reimburse the Employer one hundred percent ( 1 OOo/o) of the wages paid to
such employees during the approved absence.

 

504 The duties of the Association Representative shall be to investigate complaints of
an urgent nature and to investigate and present grievances in accordance with
the Grievance Procedure.

Where practicable, Association business should be conducted outside of working
hours. However, Staff Representatives may be entitled to leave their work during
working hours in order to carry out the investigation and processing of
grievances and attendance at disciplinary and grievance meetings with the
Employer. Members of committees established under this Agreement may be
entitled to leave their work during working hours in order to attend such
committee meetings. Permission to leave work during normal working hours
shall first be obtained from the Staff Representative’s or committee member’s
Manager or designate. Such permission shall not be unreasonably denied. All
time spent in performing such Association duties during normal working hours
shall be considered as time worked. Upon resuming duties, the Staff
Representative shall notify the Manager or designate.

 

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

 

506 The Employer agrees to deduct once annually the amount of any special general
assessment made by the Association.

 

507 The Employer will remit dues deducted to the Association monthly, along with a list
of all employees from whom the deductions have been made, indicating employee
status of active, on leave or employment terminated.

 

508 The dues list shall include the name and the classification of each employee.
Addresses and name changes will be included whenever there is a change.

 

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

 

510 The Association shall notify the Employer in writing as to the amounts to be
deducted, not less than one (1) month in advance, and the dues structure shall not
be changed more than twice in any calendar year.

 

511 The Association agrees to provide the Employer with a current list of officers and
authorized Representatives once annually.

 

512 The Employer agrees to provide bulletin board space for use by the Association
in the “Children’s” area at 825 Sherbrook. Other locations shall each have a
binder for information relating to Association business, which shall be accessible
to bargaining unit employees.

 

513 The Employer shall record on the statement of earnings (T 4) of each employee the
amount of dues deducted from their pay and remitted to the Association.

 

514 When a new employee commences employment, the employee’s immediate
supervisor shall advise the Staff Representative. A Staff Representative or an
Association Representative shall have up to th irty (30) minutes, at a time
mutually agreed between the Representative and the Employer, in order to
acquaint new employees covered by this Agreement with information about
general terms and conditions of employment under the Agreement and the
Association’s representation.

 

515

a) Subject to at least two (2) or more weeks written notice of request, subject to
operational requirements and no additional cost to the Employer, leave of
absence without loss of salary or benefits shall be granted to Staff
Representatives for the purpose of attendance at Association meetings or
seminars. It is understood that the Association will reimburse the Employer for
salary, benefits and Manitoba Government payroll tax, if applicable.

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 their term of office, to a maximum of
four ( 4) years.

 

516 Once annually, the Employer is to provide the Association with a seniority list
within thirty (30) days of the request, including the following information about
employees in the bargaining unit name, home address, classification,
employment status (i.e. full time, part time, or casual), salary rate, date of
employment and anniversary date. The employee’s address shall be excepted
only when an employee has expressly instructed the Employer in writing that due
to security concerns personal information should not be disclosed to any third
party. The Association will have forty-five ( 45) days in which to bring any alleged
error to the attention of the Employer. The Employer will correct any errors so
found.

 

517 Employees are required to provide notice of change to name and address to the
Employer in a timely manner.

ARTICLE 6: NON-DISCRIMINATION

601 For the purposes of this Article, the term “harassment” shall be defined in
accordance with The Human Rights Code of Manitoba. The Employer and the
Association agree that no form of harassment shall be condoned in the
workplace and it is further agreed that both parties will work together to
recognize and deal with these problems when they arise.

 

602 The Employer shall maintain and administer a Respectful Workplace policy with
respect to harassment in the workplace that includes the following:

a) a work environment free of harassment;

b) informing all employees of this policy, including their rights and
responsibilities; and

c) a procedure for receiving and investigating complaints of harassment based
on the principles of confidentiality and natural justice.

d) A copy of such policy shall be provided to the Association and made
available to each employee.

 

603 The parties agree that there shall be no discrimination against an employee’s
membership or non-membership in the Association or in matters covered by this
Collective Agreement on the basis of any applicable characteristic set out in The
Human Rights Code of Manitoba, which characteristics are listed below for
information:

a) ancestry, including colour and perceived race;

b) nationality or national origin;

c) ethnic background or origin;

d) religion or creed, or religious belief, religious association or religious activity;

e) age;

f) sex, including pregnancy, the possibility of pregnancy, or circumstances
related to pregnancy;

g) gender-determined characteristics or circumstances other than those listed
in clause (f);

h) sexual orientation;

i) marital or family status;

j) source of income;

k) political belief, political association or political activity;

I) physical or mental disability or related characteristics or circumstances,
including reliance on a dog guide or other animal assistant, a wheelchair or
any other remedial appliance or device.

 

604 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 to the Director or Chief Operating Officer, where the
immediate supervisor is an 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).

 

605

a) The Employer and the Association are committed to reasonable
accommodation in a manner that respects the dignity and privacy of the
employee. Reasonable accommodation is the shared responsibility of the
employees, the Employer and the Association.

b) Where a need has been identified, the parties will meet to investigate and
identify the feasibility of accommodation that is substantial, meaningful and
reasonable to the point of undue hardship.
c) Where necessary, relevant provisions of the Collective Agreement may, by
mutual agreement between the Association and the Employer, be waived.

ARTICLE 7: COMMITIEES

701 The Employer will maintain an Employee/Management Advisory Committee with
equal representation from management and employees, with the total number of
Committee members not to exceed six (6) members (two [2] Staff Representatives
and an Association Representative with two [2) employer representatives and a
Human Resources representative), unless otherwise mutually agreed. This
Committee shall meet quarterly. Subject to mutual agreement, the Committee
may schedule additional meetings. A copy of the minutes shall be provided to the
Provincial MAHCP office via email address designated by MAHCP.
info@mahcp.ca

 

702 This Committee shall be advisory in nature and shall not substitute for staff
meetings or normal lines of communication in effect within the Facility.

 

703 Time spent for attendance at meetings of Committees shall be considered time
worked. This includes the Advisory Committee, Health and Safety Committee,
Benefits Committee, Pension Committee, or any other Committee mutually agreed
by the parties. A copy of the minutes shall be provided to the Provincial MAHCP
office via email address designated by MAHCP. info@mahcp.ca

ARTICLE 8: GRIEVANCE PROCEDURE

801 “Grievance” – a grievance shall mean a complaint in writing concerning the
interpretation, application, administration or alleged violation of this Agreement.
“Grievor” – a grievor is the Association or individual who initiates a grievance.

 

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

 

803 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
Supervisor or their designate.

 

804 Within seven (7) days after the grievance has been filed, the Supervisor or their
designate shall investigate the matter and reply.

 

805 Within seven (7) days after the Supervisor or designate replies to the grievance,
an unresolved grievance shall be submitted to the Director or designate.

 

806 Within fourteen ( 14) days after receiving the grievance, the Director or designate
shall investigate the matter, including a grievance meeting upon request, and
reply.

 

807 If the grievance is not resolved within twenty-eight (28) days of filing, it may be
submitted for bind ing arbitration under Article 21 (Arbitration Procedure) within
the next ensuing fourteen ( 14) days.

 

808 All grievances shall be considered and settled on their individual merits, and not
dismissed by reason of any technicality, subject to undue delay. However, it is
clearly understood that time lim its 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.

 

809 When a grievance cannot be presented in person at any stage of the grievance
procedure, it may be transmitted by mail, courier, 9f facsimile, or email.

 

810

a) Either party may initiate a policy grievance. Such grievances initiated by the
Association shall be made to the Chief Operating Officer or designate and
such grievances initiated by the Employer shall be made to the Executive
Director, or his/her designate and in either case shall be within fifteen (15)
days from the date the Association becomes aware of the action giving rise
to the grievance. The responding party shall reply within fifteen (15) days of
receiving the grievance.

b) Where the parties fail to resolve a grievance under 810 (a) within fifteen (15)
days after receipt of the reply, either party may refer the grievance to the
Arbitration Step of the Grievance Procedure.

 

811 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.

 

812 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.

 

813 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.

 

814 An employee may elect to be accompanied or represented by a Staff
Representative at any stage of the Grievance/Arbitration Procedures, or in any
matter relating to this Collective Agreement.

ARTICLE 9: ARBITRATION PROCEDURE

901

a) For grievances referred to arbitration under Article 8 (Grievance
Procedure), the Arbitrators shall be appointed, in order, from the list set out
below:

i) Arne Peltz;
ii) A. Blair Graham, Q.C.;
iii) John Korpesho; and
iv) Diane Jones, Q.C.

b) Nothing in this Article prevents the parties from appointing a three (3) person
arbitration board, if the parties mutually agree on such a procedure for the
hearing and determination of the grievance. In such cases, the parties shall
name their respective nominees within ten (10) days from the date of referral
to arbitration. Within a further fourteen (14) days, the nominees shall agree
to a Chair. If the parties fail to agree to a Chair, then the next sole Arbitrator
in rotation shall be appointed. Appointment in this manner shall not change
the order rotation for appointment as sole Arbitrator in other grievances

 

902 Should an Arbitrator be unable or unwilling to accept appointment, then the
parties shall contact the next Arbitrator on the list. An Arbitrator who accepts
appointment as Arbitrator or who is unwilling or unable to accept shall be rotated
to the bottom of the list.

 

903 The Arbitrator shall not have the power to add to, subtract or modify or alter in
any way the provisions of the Agreement.

 

904 The Arbitrator shall expressly confine the decision to the precise issue submitted
to the Arbitrator and shall have no authority to make a decision and/or
recommendation on any other issue not so submitted to the Arbitrator.

 

905 The Arbitrator shall hear and determine the grievance and shall issue a decision,
which decision shall be final and binding and enforceable upon the parties, and
upon any employee affected by it.

 

906 Any of the time limits referred to above may be extended by mutual agreement
of the parties.

 

907 Unless the parties agree otheiWise, it is understood that Arbitration hearings
shall not be public hearings.

 

908 The parties shall share equally the fees and expenses of the Arbitrator. All other
fees and expenses for a party’s nominee, witnesses and other costs that party
incurs related to the arbitration shall be the responsibility of that party.

ARTICLE 10: HOURS OF WORK AND SHIFT SCHEDULES

1001 Regular hours of work shall consist of:

a) Seven and one-quarter (7 ~) hours per day except as modified below. In
addition, regular hours of work shall consist of those budgeted weekly hours
of work as allocated by the Employer with the proviso that therapists may
arrange their hours of work in a manner that:

i) is approved by the Employer;
ii) does not conflict with assigned case load requirement; and,
iii) does not result in overtime to the Employer.

 

b) Seventy-two and one half (72 1 /2) hours per bi-weekly pay period excluding
meal periods but including rest periods.

 

1002 Meal and Rest Periods:

a) An employee working less than seven and one quarter (7 1/4) hours in a day
shall receive one (1) fifteen (15) minute rest period with pay.

b) An employee working for seven and one quarter (7 1/4) hours in a day shall
receive two (2) fifteen (15) minute rest periods with pay.

c) Subject to work requirements, employees shall take rest periods at the
approximate mid-point between the beginning or ending of the shift and the
meal period.

d) An employee working more than five (5) hours in a day shall receive a fortyfive
(45) minute meal period without pay.

 

1003 Employees are normally scheduled to work on the days of staff meetings.

Where an employee is required to attend a staff meeting on a day that the
employee was not scheduled, then that employee shall be paid for the meeting
attendance.

 

1004 If mutually agreed upon and if operating requirements permit, an employee may
modify their hours of work on a regular or temporary basis. Such modified hours
shall not entail overtime costs to the Employer, nor shall the employee work less
than their required hours within two (2) bi-weekly pay periods.

 

1005 If the Employer considers implementing a significant change to the normal work
day, start and finish times, or normal work week the Employer 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 notice for an opportunity to attend this
meeting and to express the Association’s opinion in regard to any proposals of the
Employer 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 Employer still plans to implement
the change, the affected employees will be given at least ninety (90) calendar
days’ notice. Notice time may be adjusted by mutual agreement between the
Association and the Employer.

 

1006 An employee who is scheduled but unable to attend work due to weather
conditions that result in a travel advisory, road closure, or a vehicle breakdown in
the course of work, or other reasons beyond the employee’s control which are
satisfactory in the Employer’s discretion, shall suffer no loss of pay for hours
normally scheduled to work. This is on condition that the employee shall notify
the applicable supervisor immediately, and attempt to use the scheduled time for
other work related activities or such duties as may be reasonably assigned by
the supervisor.

ARTICLE 11: SALARIES

1101 Salaries shall be paid to each employee in accordance with Schedules “A” and “B”
which are attached to and form part of this Agreement.

 

1102 An employee’s anniversary date shall be the anniversary of the date on which they
commenced employment with the Employer or the anniversary date of any
subsequent step increase.

 

1103 The effective date for an employee’s increase to a higher increment shall be the
first calendar day of the bi-weekly pay period which includes the date upon which
the employee became eligible for the increase.

 

1104 The minimum salary of a newly hired employee will be determined by experience:

a) on an equivalent full time basis, and

b) related to the position applied for and held, and

c) in accordance with the following table:

1 Yr. 2 Yr. 3 Yr. 4 Yr.
1 year in previous 3 years XX
2 years in previous 4 years XX
3 years in previous 5 years XX
4 years in previous 5 years XX

 

“Related to the position” shall mean experience in the professional discipline of the
posting.

 

1105 Salaries shall be quoted in terms of gross hourly rates and equivalent gross annual
rates.

 

1106 Equivalent gross annual rates shall be calculated as follows:
Annual rates = hourly rates x 1885

 

1107 An employee or their legally authorized designate shall be entitled to payment of
all wages, vacation pay and other benefits within five (5) days after termination or
death.

ARTICLE 12: RESPONSIBILITY PAY

1201 Where the Employer offers an employee temporary appointment to perform the
substantial duties and responsibilities of a position outside of the bargaining unit,
and provided the employee accepts and takes over those duties, the employee
shall be paid in accordance with the compensation system in place for excluded
staff. The employee shall return to their current rate of pay upon notification by the
Employer that such duties have ceased, or, if the employee was assigned for a
specified period, at the end of that period.

 

1202 Temporary rel ief duty shall not normally exceed six (6) consecutive weeks,
however, such temporary relief duty may be extended by mutual agreement
between the Employer and the Association. Any anticipated vacancy in excess of
six (6) weeks or in excess of the mutually agreed upon time shall be posted as a
term position.

ARTICLE 13: SHIFT PREMIUM

1301

a) A shift premium of one dollar ($1.00) per hour will apply to evening and shift
work scheduled by the Employer for all hours scheduled and worked after
6:00p.m.

b) A weekend premium of one dollar and sixty-five cents ($1.65) effective April
1, 2013 per hour shall be paid to an employee for all hours scheduled and
worked on a weekend.

c) There shall be no pyramiding of shift premiums, and only one shift premium
shall be applicable to any hours of work that attract a shift premium. In the
event that the scheduled hours worked fall within both (a) and (b) above,
then the greater of the two premiums shall be paid.

ARTICLE 14: OVERTIME

1401

a) Overtime shall mean any authorized time worked in excess of regular hours
established under Article 10 (Hours of Work and Shift Schedules).

b) An employee who voluntarily extends their regular hours of work, beyond the
amount stipulated in item (a) above, while performing their regular duties, shall
not receive overtime. Such an employee shall bank the extended hours at a
straight time rate up to a maximum allowable bank of thirty-six and one quarter
(36 Y4) hours of work. An employee shall not be permitted to accrue extended
hours beyond the banked maximum unless the Employer provides prior
approval.

c) Any overtime which is the result of an employee voluntarily extending hours
of work beyond the regular hours of work shall be compensated by
equivalent time off calculated at a straight time rate.

d) An employee who, as per the Employer’s request, agrees to extend their
regular hours of work (as stipulated in item (a) shall receive overtime.

 

1402 The Employer shall designate the manner in which overtime is to be authorized.

 

1403 An employee shall not be required to alter their scheduled hours of work to offset
any overtime worked.

 

1404 Any authorized overtime which is required or authorized in writing by the
employee’s supervisor shall be compensated by pay calculated at one and one
half (1 Y2 x) times the regular hourly rate. If mutually agreed upon, an employee
may be granted time off equivalent to and in lieu of overtime payment to which
they would otherwise be entitled.

 

1405 The compensatory time shall be taken at a time mutually agreed by the
Employer and employee. In the event that there is no mutual agreement, the
Employer shall provide at least two (2) weeks notice of date(s) upon which the
compensatory time shall be taken. The Employer may require that all
compensatory time be taken by the end of the fiscal year in which it was earned.

 

1406 For purposes of determining overtime entitlement, all paid leave shall be
considered as hours worked.

 

1407 The Employer will attempt to schedule work to avoid or limit overtime, where
practicable, subject to service and consumer requirements. Workshops and
seminars which may result in overtime will be assigned on an equitable manner
among the employees who are qualified to perform the work.

 

1408 If an employee is called out for overtime work, the employee shall be compensated
by not less than three (3) hours at the overtime rate, providing that the period of
overtime worked is not immediately before or after the employee’s regular
scheduled working hours.

1409 An employee required to work overtime for a period in excess of two (2) hours
immediately following her/his regular shift shall be paid a meal allowance of eight
dollars ($8.00).

ARTICLE 15: GENERAL HOLIDAYS

1501 a) The following days are recognized as general holidays for the purpose of this
Agreement:

  • New Year’s Day
  • August Civic Holiday
  • Louis Riel Day
  • Labour Day
  • Good Friday
  • Thanksgiving Day
  • Easter Monday
  • Remembrance Day
  • Victoria Day
  • Christmas Day
  • Canada Day
  • Boxing Day
  • Any other general holiday proclaimed by federal or provincial statute.

b) Where a general holiday falls on a Saturday or Sunday, the holiday shall be
observed on the day immediately following the general holiday. Nothing in
this Article shall prohibit the parties from altering the date of observance of
any of the general holidays in this Article by agreement.

To be eligible for a general holiday an employee must satisfy the following:

i) The employee must not have been absent from work on the general
holiday, if scheduled to work on the holiday, unless absent due to· illness
or injury.

ii) The employee must not have been absent from work on their last
scheduled day before and the first scheduled day after the holiday
without the consent of the Employer, unless absent due to illness or
injury.

 

1502 Eligible employees not working on the general holiday shall receive general
holiday pay calculated at five percent (5%) of the employee’s total regular wages
for the four (4) week period immediately preceding the general holiday.

 

1503 Eligible employees who are scheduled or required to work on a general holiday
shall receive pay in accordance with Article 1502 and shall be paid for all work
performed on that day at one and one-half ( 1 % x) times their regular rate.

 

1504 Employees who are not eligible for the general holiday and who are scheduled or
required to work on the general holiday shall be paid for all work performed on
that day at one and one-half ( 1 %) their regular rate.

 

1505 Where a general holiday falls during an eligible employee’s vacation or a
scheduled day off other than a Saturday or Sunday, the day shall not be
deducted from the employee’s vacation entitlement.

 

1506 Notwithstanding eligibility requirements for a general holiday without loss of pay,
employees shall receive the afternoon off with pay, on December 24th and
December 31st. Should either day fall on a Saturday or Sunday, the half day
shall be taken on the working day prior to that day. In the event that the
Employer requires that an employee work on the afternoon of December 24th or
December 31st, that employee shall take an alternate half day off at a time to be
mutually agreed with the Employer.

 

1507 An employee who observes religious holidays other than those provided for in
Article 1501 may substitute vacation time, compensatory time or leave without
pay in order to take leave on such holidays. Such arrangements must be
approved in writing by the employee’s immediate supervisor at least ten (10)
days prior to the holiday.

 

1508 A general holiday which occurs while an employee is receiving income protection
benefits will be paid as a holiday, and not deducted from accumulated credits.

 

1509 Subject to Article 1501 (b), where an employee is eligible for a general holiday
that falls on a day that is not a normal work day for the employee, the employee
shall have the option to receive general holiday pay calculated in accordance
with Article 1502 or equivalent time off calculated in accordance with Article
1502. The procedure in Article 1405 shall be followed in arranging such time off.

ARTICLE 16: ANNUAL VACATION

1601 An employee who completes a year of employment since their last date of hire
shall be entitled to a vacation and vacation allowance set out in Article 16.

 

1602 Upon termination of employment, employees shall be paid out for all accrued
vacation entitlement, earned but not taken, at their rate of pay in effect at
termination.

 

1603 Employees shall earn annual vacation with pay at the regular rate of pay on the
following basis:

a) during the first two (2) years of employment, four point one eight (4.18) hours
bi-weekly, to maximum of one hundred eight and three quarter (108 3/4)
hours (fifteen (15) days);

b) commencing the day after completion of two (2) years of employment, five
point five nine (5.59) hours bi-weekly, to a maximum of one hundred fortyfive
(145) hours (twenty (20) days);

c) commencing the day after the completion of nine (9) years of employment,
six point nine seven (6.97) hours bi-weekly, to a maximum of one hundred
eighty-one and one quarter (181 1/4) hours (twenty five (25) days); and

d) commencing the day after the completion of nineteen (19) years of
employment, eight point three seven (8.37) hours biweekly, to a maximum of
two hundred seventeen and one half (217 1/2) hours {thirty (30) days).

 

1604 Subject to 1603, an employee wishing to take paid vacation prior to completion
of any year of employment may take paid vacation up to the vacation entitlement
accrued during that year.

 

1605 The Employer will post an approved vacation schedule not later than April 30th,
having considered operational requirements, and the seniority, circumstances, and
preferences of each employee.
Approved vacations will not be re-scheduled except on application by the
employee and insofar as such change does not affect departmental operations or
disrupt any other employee’s scheduled vacation.

 

1606 Annual vacation will not be reduced as a result of a paid leave of absence, or
unpaid leave of absence of up to thirty (30) consecutive calendar days. For unpaid
leaves of absence that exceed thirty (30) consecutive calendar days, annual
vacation shall be retained but not accrue for the period of time that exceeds that
thirty (30) consecutive calendar days.

 

1607 Vacation entitlement must be taken within a year after completion of any year of
employment. An employee may carry over up to thirty-six and one quarter (36
1/4) hours (five (5) days) of vacation entitlement from any vacation year to the
next vacation year, subject to a maximum number of hours an employee may
accumulate as carried over vacation, of one hundred forty-five (145) hours
(twenty (20) days). The maximum hours of vacation carried over are in addition
to the regular vacation entitlement earned by the employee during any vacation
year.

 

1608 Where operational requirements permit, accrued vacation leave may be taken in
accordance with the preference of employees within a department, subject to the
approval of the Employer. Employee vacation requests shall not be
unreasonably denied. Where conflicts arise as to the scheduling of vacation, all
reasonable methods of resolving the dispute shall be undertaken. If no
resolution can be found, seniority shall govern.

 

1609 Where the Employer has been unable to schedule part or all of an employee’s
vacation within the vacation year and as a result finds it necessary to restrict the
whole or part of the vacation leave of the employee, the Employer may authorize
payment in lieu of vacation. Such pay shall not be subject to deduction of
pension fund contributions. The employee may opt to carry over vacation
entitlement pursuant to Article 1607.

1610 A newly hired employee will have the completed years of service with the most
recent previous employer recognised for the purpose of earning vacation with
pay under article 1603, if such employee meets both of the following criteria:

a) Employment at the most recent previous employer was within a
bargaining unit represented by the association; and

b) The employee commenced employment with the Employer within six (6)
weeks of ceasing employment with the most previous employer.
Any such employee’s anniversary date for vacation purposes is the most recent
date of hire with the Employer, and the employee will earn vacation in accordance
with article 1610.

ARTICLE 17: TRAVEL ALLOWANCE

1701 Effective April 1, 2016, Where an employee is required by the Employer to use a
personal motor vehicle in the course of employment, mileage for such travel shall
be reimbursed at the Province of Manitoba mileage rate in place as of April 1,
2016 for the entire fiscal year. In the following years, the mileage rate shall be
adjusted for the fiscal year, effective April 1.

 

1702 Mileage for travel between home and the SMD office to which the employee
normally reports may not be submitted. The guidelines for calculation and
submission of mileage claims for work related travel are as follows:

a) Within Winnipeg:

(i) Mileage for travel between home and a client appointment may be
submitted.

(ii) For employees who live outside of Winnipeg, mileage may not be
submitted between home and Winnipeg, for travel between home and a
client appointment. Once inside Winnipeg, (i) above applies.

 

b) Rural (applies to all regions outside Winnipeg):

(i) Mileage for travel between home and a client appointment may be
submitted if the distance from home to client is less than home to the
assigned SMD office. Otherwise, mileage for travel is to be claimed from
the assigned SMD office to the cl ient appointment.

 

1703 The Employer shall reimburse the employee for parking costs related to
consumer service away from the employee’s main office location.

 

1704 An employee required to travel overnight on behalf of the Employer shall be
reimbursed for standard room accommodation expenses while on “travel status”,
and be paid the following daily maximum reimbursement for meals:

 

Breakfast Lunch Dinner Daily Max
South of 53rd $6.85 $8.85 $15.70 $31.40
North of 53rd $7.35 $9.35 $16.90 $33.60

For each full calendar day in travel status, an employee may claim up to the daily
maximum reimbursement to cover the cost of purchased meal or groceries, in
lieu of individual meal claims. Where overnight accommodation is not involved,
only the appropriate individual meal expenses may be claimed for
reimbursement.

Receipts are required for overnight accommodation and meals. When an
employee is required to travel outside their regular caseload area, where the
travel is also outside the city, town or municipality of the employee’s residence,
and where no overnight accommodation is required, an employee may claim for
the appropriate individual meal allowance only.

 

1705 An employee who is required to use their own vehicle for the business of the
Employer shall be responsible for arranging and paying insurance coverage for
this purpose as may be required by Manitoba Public Insurance and such
insurance shall include a minimum of one million dollars ($1 ,000,000.00) public
liability and property damage. Such an employee may be required to furnish
satisfactory proof to the Employer that such insurance has been obtained.

 

1706 In the event that damage occurs to the vehicle of an employee who is authorized
to use their own vehicle for work purposes, the Employer shall reimburse the
employee•s deductible when all of the following circumstances are applicable:

a) such damage occurs during the course of performance of the employee•s
authorized duties;

b) MPI has not assessed fault to the employee for any such damage; and

c) the damage to the vehicle arises from circumstances under which MPI does
not cover the deductible.

 

In the event that MPI refunds an employee•s deductible after the Employer has
reimbursed the employee, then the employee shall remit such payment to the
Employer.

ARTICLE 18: INCOME PROTECTION

1801 Employees in the categories specified in Article 1802 below shall receive
payment at the regular rate of pay during absence from work due to illness or
injury sustained by themselves, to the extent that they have accumulated income
protection credits, subject to the following conditions.

 

1802 Full time employees shall accumulate income protection credits from the date of
hire on a bi-weekly basis at the rates set out below:

a) four point one eight (4.18) hours (one point two five (1.25) days per month)
in the first two (2) years of continuous employment;

b) five point five nine (5.59) hours (one point six six (1.66) days per month) in
·the third (3rd) to ninth (9th) year inclusive of continuous employment to a
maximum of one thousand one hundred and thirty-eight point two five
(1, 138.25) hours (one hundred and fifty-seven (157) days);

c) six point nine seven (6.97) hours (two point zero eight three (2.083) days per
month) in the tenth (1oth) year to the nineteenth (191h) year inclusive of
continuous employment to a maximum of one thousand seven hundred and
sixty-one point seven five (1, 761. 75) hours (two hundred and forty-three
(243) days);

d) eight point three seven (8.37) hours (two point five (2.5) days per month) in
the twentieth (20th) year of continuous employment to a maximum of two
thousand and fifty-one point seven five (2,051.75) hours (two hundred and
eighty-three (283) days);

e) part time employees shall accumulate income protection credits from the
date of hire on a pro rata basis, in accordance with Article 2201 (Part-Time
Employees).

 

1803 The Employer agrees to recognize income protection credits accumulated prior to
the signing of this Agreement.

 

1804 Income protection will continue to accrue during a paid leave of absence, or an
unpaid leave of absence of up to thirty (30) calendar days. For unpaid leaves of
absence that exceed thirty (30) calendar days, income protection credits shall be
retained but not accrue for the period of time that exceeds that thirty (30) calendar
days.

 

1805 An employee shall be granted leave of absence up to a maximum of five (5)
days, pro-rated for part-time employees to not less than three (3) days per fiscal
year for providing the needs to the employee’s spouse, child or parent during
illness or significant life crisis. If the employee has sufficient income protection
credits accrued at the time such leave is taken, it shall be paid from, and
charged to the employee’s accrued income protection credits

 

1806 Any leave of absence under this Article shall be separate from any
compassionate care leave an employee may take under The Employment
Standards Code pursuant to Article 22 (Compassionate Care Leave).

 

1807 Where an employee is absent because of illness, the employee shall notify by
telephone their immediate supervisor or appropriately delegated person of their
absence due to illness prior to the employee’s regular hours of work unless it is
not reasonably possible. An employee not notifying as indicated above shall be
considered absent without leave unless an explanation satisfactory to the
Employer is provided.

 

1808 The Employer reserves the right to require a medical examination report and/or
medical certificate as proof of the employee’s fitness to return to work or to
determine the approximate length of illness. The Employer will not require a
certificate for absences of less than three (3) scheduled days except in cases
where the pattern of absence or circumstances surrounding the absence would
cause the Employer to question the validity of the claim. Failure to provide such
a certificate when requested will disqualify an employee from income protection
benefits. An employee who is required to provide a certificate will be made aware
of such requirement prior to the employee’s return to duty. The Employer will
cover any costs over twenty dollars ($20.00) associated with medical notes or
reports that it requires.

 

1809 Time off for routine medical, dental and chiropractic examinations or treatments,
including reasonable travel time shall be granted to an employee, provided the
employee notifies the Employer upon making or learning of the appointment
subject to operational requirements, and such time off shall be charged against
the employee’s accumulated income protection credits.

 

1810 Where an employee on vacation becomes ill to the extent that the employee is
admitted to hospital or is confined to bed for a period of three (3) or more
consecutive days on the written instruction of a medical practitioner, dentist or
chiropractor, and provided the employee notifies the Employer immediately
following the admission to hospital or confinement to bed, or as soon as
reasonably practicable, such employee shall be allowed to use accumulated
income protection credits for the period of hospitalization or confinement.

 

1811 The Employer will provide each employee with a statement of accumulated income
protection credits upon request.

 

1812 When an employee is unable to work and is in receipt of Workers Compensation
benefits as a result of an injury incurred in the course of their duties, the
employee may elect to be paid an additional amount which, when combined with
the compensation benefit, shall ensure the maintenance of gross salary. Such
additional amount shall be chargeable to the employee’s income protection
credits accrued at the time the employee commenced receipt of Workers
Compensation benefits, and such additional payments shall be payable until the
employee’s accrued income protection credits have been exhausted. Where
an employee is absent due to injuries or disabilities for which
compensation is paid under The Workers Compensation Act, vacation leave and
income protection shall accumulate as if the employee were not absent for the
period of up to one (1) year from the date of commencing that leave of absence,
while the employee is receiving benefits for that illness or injury.
Where an employee is injured on the job and is required to leave for medical
treatment and/or is sent home by management due to the injury, the employee
shall incur no loss in regular pay and benefits for the day on which the accident
occurs.

Transportation to the nearest physician or hospital for employees requmng
immediate medical care as a result of an on-the-job accident shall be provided
by or at the expense of the Employer if it is not covered by a medical plan.

 

1813 Subject to Article 1804 (Income Protection) and Article 2303 (b) (Seniority), sick
leave without pay shall be granted to an employee who does not qualify for sick
leave with pay, or who is unable to return to work at the termination of the period
for which sick leave with pay is granted.

 

1814 It is understood that the elimination period for the Long Term Disability Plan is one
hundred and nineteen (119) calendar days. An employee shall be permitted to use
their income protection bank beyond the one hundred and nineteen (119) day
elimination period until depleted if the current LTD plan denies the employee’s
application for benefits.

 

1815 Income protection shall continue to accumulate if an employee is absent on any
period of paid leave of absence, including income protection.

 

1816 Should all income protection credits be exhausted, an employee may use for
bona fide income protection purposes any accrued vacation, compensatory or
overtime available.

 

1817 Disability Insurance Claims and Manitoba Public Insurance Claims: If a claim for
Long Term Disability Benefits or MPI Wage Loss Benefits is approved
retroactively, and income protection credits were paid to the employee during the
period of retroactivity, the employee shall remit the monies to the Employer and
the corresponding income protection credits will be reinstated.

 

1818 For situations where reasonable accommodation becomes an issue, a return to
work plan will be developed for the employee. In such cases, an employee may
be requested to see a specific physician and/or other medical professional in
order that this professional participates in the return to work plan. Costs
generated by these requests will be covered by the Employer.

 

1819 If a general holiday, for which the employee is eligible, falls on a day on which an
employee is receiving income protection benefits, such a day shall be paid in
accordance with the general holiday provisions of this Agreement, and not be
deducted from the employee’s income protection credits.

 

1820 A newly hired employee will have income protection with the most recent
previous employer recognized up to eighty-five (85) days, and completed years
of service for the purpose of earning vacation with pay under 1802, if such an
employee meets both of the following criteria:

a) employment at the most recent previous employer was within a bargaining
unit represented by the Association; and

b) the employee commenced employment with the Employer within six (6)
weeks of ceasing employment with the most recent previous employer.

Any such employee’s anniversary date for income protection purposes is the
most recent date of hire with the Employer, and the employee will earn income
protection in accordance with Article 1802.

ARTICLE 19: LEAVE OF ABSENCE

1901 Except in emergencies such as serious personal loss due to fire, flood, or theft, all
requests for unpaid leave of absence shall be made in writing, stating the reasons
and the expected duration of the leave, and submitted to the Employer at least four
(4) weeks in advance. Such requests will be considered on their individual merits,
but shall not be unreasonably denied.

 

1902 Court 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 their regular basic rate of
pay, and remit to the employer any jury or witness fees received, only for those
days they were 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.

 

1903 Education and Training

a) An employee who, with the approval of the Employer, attends a conference,
workshop, or other education or training that is required for the employee to
perform duties at a satisfactory level, shall be granted leave of absence with
pay for this purpose, and any registration, tuition fees and required materials,
shall be paid by the Employer.

b) If the Employer considers such education or training to be an asset to the
employee’s performance, but not required, or if the education and training is
to satisfy requirements of the employee’s professional governing body, then
the Employer may approve leave with pay of up to five (5) days in a fiscal
year and shall contribute up to eighty per cent (80%) and may contribute to a
maximum of one hundred per cent (1 00%) of any registration, tuition,
required materials.

c) Where an employee is required to prepare presentations on behalf of the
Employer for any conference, workshop or seminar, all pre-authorized time
spent by the employee on preparing such presentations shall be considered
to be time worked.

 

1904 An employee who is elected to public office shall be granted a leave of absence
without pay and without loss of seniority for a period of up to one (1) year. The
Employer may review and may renew such leave of absence annually thereafter.
An employee resuming their employment shall be reinstated in the employee’s
former position or comparable position with no less wages or benefits. Not more
than one (1) employee at one time may be absent on leave granted under this
Article.

 

1905 Seniority and benefits shall continue to accrue during paid leave of absence or
unpaid leave of absence of up to thirty (30) calendar days.

 

1906 For an unpaid leave of absence that exceeds thirty (30) calendar days, seniority
and benefits shall be retained but not accrue during the period of time that
exceeds that thirty (30) calendar days.

 

1907

a) An employee returning from a leave of absence shall be entitled to return to
their former classification and geographical location, within twenty-four (24)
months or such longer period applicable to an employee on a consecutive
maternity or parental leave, subject to the continued funding of the
classification and/or program the employee was working in, and the
employee has the ability and qualifications to perform the requirements of
the position. Where reasonably possible, the therapist shall also be
permitted to return to their former position or case load mix.

b)For leaves of absences in excess of twenty-four (24) months, other than an
absence for consecutive maternity or parental leave, the employee shall
receive preferential consideration for placement in a vacancy in the
classification held prior to the leave of absence, provided the employee has
the ability and qualifications to perform the requirements of the position,
with or without reasonable accommodation, if applicable.

 

1908 Subject to the operational needs of the Employer, reasonable efforts will be made
to accommodate reasonable requests for part time leave of absence. A part time
leave of absence shall mean a temporary partial reduction in an employee’s EFT
on a regular and recurring basis.

ARTICLE 20: PARENTAL LEAVE

2001 Parenting Leave

Parenting Leave consists of Maternity and Parental Leave. Parental Leave
includes Paternity and Adoptive Leave.

 

2002 Maternity Leave

(01) An employee who qualifies for Maternity Leave may apply for such leave in
accordance with either Plan “A” or Plan “B” but not both. The Employer may
require an employee to commence maternity leave if the state of their health is
incompatible with the requirements of their job, and such time shall be in addition
to the leave they are otherwise entitled to under this article.

 

Plan A:

In order to qualify for Plan A, a pregnant employee must:

 

a) have completed six (6) continuous months of employment with the Employer.

b) submit to the Employer an application in writing for leave under Plan A at
least four ( 4) weeks before the day specified by their in the application as the
day on which they intend to commence such leave;

c) provide the Employer with a certificate of a duly qualified medical practitioner
certifying that they are pregnant and specifying the estimated date of their
delivery.

 

(02) An employee who qualifies is entitled to and shall be granted maternity leave
without pay consisting of:

a) A period not exceeding seventeen (17) weeks if delivery occurs on or before
the date of delivery specified in the certificate mentioned in Clause 2002(01)

b) A period of seventeen (17) weeks plus an additional period equal to the
period between the date of delivery specified in the certificate mentioned in
Clause 2002(01) c) and the actual date of delivery, if delivery occurs after the
date mentioned in that certificate.

c) The Employer shall vary the length of maternity leave upon proper
certification by the attending physician or recommendation by Chief
Operating Officer.

 

(03)

a) An employee who has been granted maternity leave shall be permitted to
apply up to a maximum of ten (10) days of their accumulated income
protection against the Employment Insurance waiting period. These ten (1 0)
days shall be pro-rated for part-time employees based on their Staff Year
Equivalent to full-time status.

b) Should the employee not return to work following their maternity leave for a
period of employment sufficient to allow reaccumulation of the number of
income protection days granted under subsection (03)(a), the employee shall
compensate the Employer for the balance of the outstanding days at the
time of termination. Approved income protection granted during the period
of return shall be counted as days worked.

 

Plan B

 

(04) In order to qualify for Plan B, a pregnant employee must:

a) have completed six (6) continuous months of employment with the
Employer;

b) submit to the Employer an application in writing, for leave under Plan 8 at
least four ( 4) weeks before the day specified by them in the application as
the day on which they intends to commence such leave;

c) provide the Employer with a certificate of a duly qualified medical practitioner
certifying that they are pregnant and specifying the estimated date of their
delivery.

d) provide the Employer with proof that they have applied for and been granted
Employment Insurance maternity and parental leave benefits

 

(05) An applicant for Maternity Leave under Plan 8 must sign an agreement with the
Employer providing that:

a) They will return to work and remain in the employ of the Employer for at least
six (6) months following their return to work, except that where an employee
is the successful applicant for a part-time position which commences on the
date of their return from Maternity Leave or at any time during the six (6)
months following their return from Maternity Leave, they must remain in the
employ of the Employer, and work the working hours they would have
otherwise worked in the higher Staff Year Equivalent position during the six
(6) month period, and

b) They will return to work on the date of the expiry of their maternity leave and
where applicable, their parental leave, unless this date is modified by the
Employer, and

c) Should the employee fail to return to work as provided under a) and/or b)
above, the employee is indebted to the Employer for the full amount of pay
received from the Employer as a maternity allowance during their entire
period of maternity leave, which repayment shall be reduced pro rata,
calculated by the percentage of six (6) months actually worked after
returning.

 

(06) An employee who qualifies is entitled to a maternity leave consisting of:

a) A period not exceeding seventeen (17) weeks if delivery occurs on or before
the date of delivery specified in the certificate mentioned in Clause 2002(04)

b) A period of seventeen weeks plus an additional period equal to the period
between the date of delivery specified in the certificate mentioned in Clause
2002(04) c) and the actual date of delivery, if delivery occurs after the date
mentioned in that certificate;

c) The Employer shall vary the length of maternity leave upon proper
certification by the attending physician or recommendation by the Chief
Operating Officer.

 

(07) During the period of maternity leave, an employee who qualifies is entitled to a
maternity leave allowance with the SUB Plan as follows:

a) For the first two (2) weeks an employee shall receive 93°/o of their weekly
rate of pay;

b) For up to a maximum of fifteen (15) additional weeks, payments equivalent to
the difference between the El benefits the employee is eligible to receive and
93% of their weekly rate of pay;

c) It is understood that the amount of the payment made by the Employer under
a) and b) above shall not, when combined with the El benefit, and any other
earnings received by the employee, exceed 93o/o of the employee’s normal
weekly earnings.

d) All other time as may be provided under 1702(06) shall be on a leave
without pay basis.

 

(08) Plan B does not apply to temporary employees or employees who normally are
subject to seasonal layoff.

 

(09) A leave of absence under Plan B shall be considered to be an unpaid leave of
absence. Income protection credits and vacation entitlement shall not accrue.
Parental Leave

 

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

a) Be the natural mother of a child; or

b) Be the natural father of a child or must assume actual care and custody of
his newborn child; or

c) Adopt a child under the law of the province.

 

(11) An employee who qualifies under 2002(1 0) must:

a) Have completed six (6) continuous months of employment; and

b) Except in the case of Adoption Leave, in accordance with 1702(10) c),
submit to the Employer an application in writing for Parental Leave at least
four ( 4) weeks before the day specified in the application as the day on
which the employee intends to commence the leave.

c) In the case of Adoption Leave in accordance with 2002(10)(c), the employee
shall notify the Employer when the application to adopt has been approved
and shall keep the Employer informed as to the progress of the application.
The employee shall be entitled to commence adoption leave upon being
notified by the agency involved that a child is available for placement.

 

( 12) An employee who qualifies for Parental Leave is entitled to Parental Leave
without pay for a continuous period of up to thirty-seven (37) weeks, subject to a
maximum combination of Maternity and Parental Leave of fifty-four (54)
consecutive weeks.

 

(13) Subject to 1702(14), Parental Leave must commence no later than the first
anniversary date of birth or adoption of the child or of the date on which the child
comes into actual care and custody of the employee.

 

( 14) Where an employee takes Parental Leave in addition to Maternity Leave, the
employee must commence the Parental Leave immediately on the expiry of the
Maternity Leave without a return to work unless otherwise approved by the
Employer.

 

2003 A male employee shall be entitled to three (3) consecutive days leave of absence
within seven (7) days of the birth or adoption of a child. One (1) day shall be paid
leave. The other two (2) days may be taken by a combination of banked
compensatory time; vacation or income protection, if sufficient eligible amounts are
accrued; or unpaid leave.

 

2004 An employee may end Maternity or Parental Leave earlier than the expiry date of
the leave by giving the Employer written notice at least two (2) weeks before the
day the employee wants to end the leave.

ARTICLE 21: BEREAVEMENT LEAVE

2101 An employee who is or will be absent on bereavement leave shall notify their
supervisor at the earliest possible opportunity.

 

2102

a) An employee shall be allowed to take up to four (4) days off, without loss
of pay, in the event of the death of a spouse, child, step-child or ward of
the employee, parent, former legal guardian, sibling, grandparent,
grandchild, live-in partner or fiance and shall receive pay at their
regular rate for each scheduled day of work missed within those four ( 4)
days.

b) An employee shall be allowed to take up to two (2) days off, without loss of
pay, in the event of the death of a mother-in-law, father-in-law, brother-inlaw,
sister-in-law, son-in-law and daughter-in-law.

c) An employee shall be allowed to take up to one ( 1 ) day off, without loss of
pay in the event of the death of an aunt or uncle.

d) An employee shall be entitled to unpaid bereavement leave pursuant to The
Employment Standards Code. Such leave shall run concurrently with any
paid leave that is covered above in this Article. Where duration of the
bereavement leave pursuant to the Code is greater than the duration of the
paid bereavement leave above, then an employee is entitled to take the
unpaid leave days, less any paid leave days taken. If the paid leave above
does not apply to a family member that is covered by leave pursuant to the
Code, then the employee is entitled to take unpaid leave under the Code.

 

2103 Leave under 2102 may be taken only in the period which extends from the date
of death up to and including the day following the funeral. However, one ( 1 ) of
the leave days may be reserved and taken at a later date for attendance at a
cremation or burial, if that date is beyond the days leave granted in this Article.
Additional bereavement leave, with or without pay, may be granted at the
discretion of the Employer.

 

2104 Additional bereavement leave of up to two (2) days to attend the funeral of a
family member specified in Article 2102 above shall be granted where such a
funeral is more than two hundred and fifty (250) kilometers from the employee’s
home.

 

2105 Provided that an employee has not received bereavement leave for a death in
Article 2102, an employee shall be allowed to take up to one (1) day off to attend
a funeral as a pall bearer and shall receive pay at their regular rate for the day of
work.

ARTICLE 22: COMPASSIONATE CARE LEAVE

2201 Subject to the provisions of The Employment Standards Code, an employee who
has been employed for at least thirty (30) calendar days is entitled to
Compassionate Care Leave without pay of up to eight (8) weeks to provide care
or support to a seriously ill family member.

 

2202 The provisions of The Employment Standards Code and any amendments shall
apply to all terms and conditions of this leave, including duration, eligible family
members and rights upon return to work.

 

2203 An employee who has been granted Compassionate Care Leave shall, upon
commencement of such leave, be granted up to ten (10) days of income
protection credits, to bridge the employee through the waiting period for
Employment Insurance benefits for Compassionate Care Leave. The income
protection leave shall be granted as long as the federal government agency
administering Employment Insurance benefits allows the income protection
credits to bridge to the waiting period.

ARTICLE 23: SENIORITY, PROMOTIONS AND TRANSFERS

2301 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 the employee
entered the bargaining unit. Seniority accumulated prior to the date of signing of
this Agreement shall be retained.

 

2302 Seniority of an employee will continue to accrue during:

a) leave of absence with regular pay including income protection;

b) accident or illness, including time off while receiving Workers Compensation
benefits up to a maximum of one ( 1) year;

c) layoff of thirteen (13) weeks or less;

d) approved education leave to a maximum of one ( 1) year;

e) approved unpaid leave of absence of up to thirty (30) days in one fiscal year;

f) maternity, parental leave and any compassionate care leave under The
Employment Standards Code;

g) any sick leave without pay necessary to satisfy the elimination period of the
Long Term Disability Plan; or

h) any period of approved unpaid leave of absence for Association purposes of
up to one year.

 

2303 Seniority will be retained but will not continue to accrue during:

a) a leave of absence without pay in excess of thirty (30) days;

b) accident or illness, including time off while receiving Workers Compensation
benefits, in excess of twelve ( 12) months;

c) layoff of more than thirteen (13) weeks and not more than eighteen (18)
months;

d) promotion or appointment to a position outside of the bargaining unit, but has
not completed any trial period.

 

2304 Seniority will terminate if an employee:

a) resigns;

b) is discharged and not reinstated under the grievance procedure;

c) takes an educational leave in excess of one ( 1) year;

d) is laid off for more than eighteen (18) months;

e) fails to report for work as scheduled at the end of a leave of absence,
vacation or suspension, unless for good and sufficient reason;

f) retires;

g) is promoted or transferred to a permanent position outside of the bargaining
unit and completes the trial period; or

h) fails to report for duty within fourteen (14) calendar days after receiving
notification of recall from layoff by registered mail or personal service.

 

2305 All vacancies of at least (six) 6 weeks or more which fall within the scope of this
Agreement shall be posted on the Employer bulletin boards and shall be on the
Employer’s internal electronic mail system for at least ten (10) days. Such
postings shall state the classification, job title, required qualifications, site(s)/work
location(s), current or anticipated hours of work, and wage rate. Job descriptions
shall be available to applicants upon request.

 

2306 A vacancy may be advertised externally to allow for applications from outside of
the bargaining unit, which may be advertised concurrently with an internal
posting. A preference will be given to an applicant from the bargaining unit who
is competent and qualified for the position. Greater competency and
qualifications of an employee shall be the governing factors in the filling of all
vacancies, unless the competence and qualifications are relatively equal among
candidates, in which case seniority shall be the deciding factor.

 

2307 Employees who are unsuccessful applicants for a vacant position shall be
notified in writing. Such an employee shall be supplied with the reasons for nonacceptance
within ten (1 0) days of making a written request to the Director.
Such a request shall be made no later than ten ( 1 0) days from the receipt of the
notification of being the unsuccessful applicant.

 

2308 All voluntary transfers are subject to a three (3) month trial period, which may be
extended up to an additional three (3) months if the Employer so requests and the
Association agrees.

 

2309 During the trial period, if the employee proves to be unsatisfactory in the new
position, or if they wish to revert voluntarily, they shall be returned to their former
position if reasonably possible. All other employees so affected shall be returned
to their former positions if reasonably possible. An employee not returned to their
former position shall be returned to their former occupational classification and
employment status.

 

2310 A full time or part time employee, other than a term employee, who accepts a term
position, will be returned to their former position at the completion of the term
position unless such former position has been deleted. An employee not
returned to the former position shall be returned to the former occupational
classification and employment status.

 

2311 An employee who through advancing years or disability, is unable to perform the
regular duties of their position, shall be entitled to reasonable accommodation
within the bargaining unit.

 

2312 Employees will be advised of their employment status at the time of their
commencement of employment and at the time of any subsequent change and a
copy will be placed in the employee’s personnel file.

 

2313 No employee shall be expected to be relocated to another community unless
mutually agreed upon between the Association and the Employer.

 

2314 A copy of each posting shall be sent to the Association office, within the posting
period.

ARTICLE 24: JOB SHARING

2401 When a full time position is posted, two (2) employees may apply to equally share
that position. The decision to allow two (2) employees to split a full time position
rests solely with the Employer who will consider the needs of the area.

a) Both employees shall be granted part time employment status, and shall
earn benefits as provided for in the Collective Agreement.

b) In the event that one (1) of the employees sharing a full time position is
absent, e.g. sick leave, vacation, leave of absence, etc., the other employee
sharing the full time position may be required to assume those shifts.

c) In the event that one (1) of the employees sharing a full time position
resigns, and the Employer’s decision is to allow this position to remain a job
share position, the position will be posted as full time with the following
wording noted on the job posting:
“This full time position is currently being filled by two (2)
employees working part time. The remaining employee wishes
to continue working their half of the rotation and they will be
allowed to do so if another employee is willing to work the other
half of the rotation. If you wish to apply for the other half of this
rotation, please apply in the normal manner stating same.”

d) Providing there is another employee willing to share the full time rotation, the
remaining employee will be maintained in the shared position.

e) If the Employer’s decision is to no longer allow this position to remain as a
job sharing position, or if no employee is willing to share the rotation with the
remaining employee, the posted position will be offered to the remaining
employee as full time and will be granted to them if they wish to change from
part time to full time.

f) If the remaining employee refuses to accept the position on a full time basis,
the position may be offered to the most suitable applicant for the full time job
posting.

The remaining employee will then be offered any part time position for which
they are qualified, that is currently vacant and if none is available, they shall
be dealt with in accordance with Article 25 (Job Security).

ARTICLE 25: JOB SECURITY

2501 “Layoff” means the temporary or permanent removal from a position of
employment due to lack of work, funding, economical or operational changes.
In the event of a layoff, employees shall receive notice, pay in lieu of notice or a
combination of them as follows:

a) Two (2) weeks notice or pay in lieu of such notice for employee’s with less
than two (2) years of accumulated service; and

b) Four ( 4) weeks notice for employees with two (2) or more years of
accumulated service.

 

2502

a) In the event that the Employer decides that it will be necessary to layoff
one or more employees, the parties agree to meet as far in advance as
possible to explore options to minimize the effect of the layoff.

b) Accordingly, all pending/or vacant positions shall be identified and all laid off
employees and/or employees identified by the Employer to be laid off
(“affected employees”), will be given an opportunity to express their
preference for the available positions. Providing the employee is qualified,
competent, and willing to take the position, the Employer shall re-deploy
affected employees by order of seniority in accordance with their expressed
preference. Should a preferred position not be available then, by order of
seniority, employees may select a position from the remaining vacancies,
provided the employee has the required qualifications for the job.

c) Term positions filled by term employees may be considered in accordance
with the process as outlined above. Should an affected employee be
redeployed into a term position they will maintain their permanent status.

d) All affected employees accepting term and/or lower ranged positions shall
have the opportunity to be re-deployed into the first available comparable
position within their pay range provided they are qualified, competent and
willing to take the position as per the requirements of the position.

e) If, following the process set out above, a mutually agreeable accommodation
in a vacancy or a term position is not achieved, then the procedure for layoff
set out in this Article shall apply.

f) The above are not intended to preclude the exploration of other options.
Further, the exploration of options in no way diminishes the employee’s
rights as outlined in this Article.

 

2503 When a layoff becomes necessary, employees will be laid off in reverse order of
seniority within their occupational classification, subject only to more senior
employees being qualified, competent and willing to perform the required work.

 

2504 In the event of the deletion of an occupied position, as much notice as possible
shall be given to the incumbent.

 

2505 An employee whose position is being deleted in accordance with Article 2503, or
who is being laid off in accordance with Article 2502 will be entitled to exercise
seniority rights, subject to their being qualified, competent and willing to perform
the required work, to displace 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.

 

2506 An employee who exercises their seniority rights shall be entitled to a four ( 4) week
familiarization period. In the event that the employee cannot function effectively in
the position at the conclusion of the familiarization period, they 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.

 

2507 To qualify for recall, it shall be the responsibility of the employee to keep the
Employer informed in writing of her current address and phone number.

 

2508 Employees on layoff are to be recalled· in order of seniority to available positions
in equal or lower paid occupational classifications, subject to their being qualified
and competent to perform the required work. Such right to recall shall be
exercised before a new employee is hired or any other less senior employee is
hired into such position.

 

2509 Such recall shall be made by registered mail, and shall provide for two (2) weeks
notice to report back to work. The employee is required to contact the Employer
within one ( 1) week of such notice, confirming their intention to return to work as
scheduled. An employee who declines to return to a position comparable to that
held prior to layoff, without reasonable cause, shall be considered terminated.

 

2510 An employee recalled to work in a different department, or different classification
from which they were laid off shall have the right to return to the position they held
prior to the layoff should it become vacant within one year of being called back and
such vacancy shall not be subject to the job posting procedure.

 

2511 A “laid off’ employee who declines recall for a position that is not within .2 Staff
Year Equivalent of the position held at the time of lay off will not be considered to
have refused a position and will maintain status on the recall list.

 

2512 Should an employee on recall accept a “term” position and should a regular
position requiring to be filled become available, the employee will be offered the
regular position in accordance with seniority and subject to the employee having
the ability and qualifications and is willing and available to perform the required
work.

 

2513 The employee on a leave of absence who is laid off or whose position is deleted
shall be contacted by telephone and by registered mail. The employee will not
be required to return to the position until the expiry of the employee’s leave of
absence.

 

2514 New employees shall not be hired until employees on the recall list have been
considered for and/or offered an opportunity for recall.

 

2515 The Employer shall not contract out bargaining unit work resulting in the
reduction of hours or layoff _of employees.

 

2516 An employee who is displaced from their job as a result of technological change
shall be given an opportunity to fill any vacancy for which they have seniority and
for which they have competency and the qualifications to perform. If there is no
vacancy, they shall have the right to displace employees with less seniority, in
accordance with the layoff procedures specified in this Agreement.

 

2517 Supervisors and other employees of the Employer whose positions are not
classified within the bargaining unit shall not work on a regular and recurring
basis on duties and responsibilities which are normally performed by the
bargaining unit except in the case of education or emergency or where there is
mutual agreement between the parties to do so.

 

2518

a) In the event that a layoff is longer than thirty (30) days, vacation with pay
accumulation shall be calculated at the applicable rates set out in Article
1603 (Annual Vacation), with each shift providing one tenth (1/10) of the
applicable bi-weekly accumulation.

b) In the event that a layoff is longer than thirty (30) days, income protection
accumulation shall be calculated at the applicable rates set out in Article
1202 (Income Protection), with each shift providing one tenth (1/10) of the
applicable bi-weekly accumulation.

c) In the event that a layoff is longer than thirteen (13) weeks, seniority will be
calculated according to the duration of time over which an employee is
recalled. (eg: if called back for one (1) shift, it would be one (1) day of
seniority; if recalled for four ( 4) shifts over two (2) weeks, then it would be
two (2) weeks seniority)

d) Employees are to be paid for General Holidays in accordance with either
eligible fulltime Article 14 (General Holidays) or part time Article 33 (Part
Time Employees).

e) Participation in benefit plans is subject to the provisions of each plan;

f) Any period of time during a layoff when the employee works additional
available shifts or works in a term position shall not extend the period set out
in Article 2304(d). However, an employee on layoff who is recalled into a
term position shall retain their right to be recalled into a regular position while
working in the term position.

 

2519 The Employer agrees to notify the Association in advance, of all matters which
significantly affect the security of employment or major working conditions of
members of the bargaining unit.

 

2520 Secondment is a temporary transfer of an employee(s) from one Employer to
another Employer for special projects, the terms of which shall be negotiated with
the Association.

ARTICLE 26: TECHNOLOGICAL CHANGE

2601 The Employer and the Association recognize that technological change can offer
significant improvements in the quality and quantity of services to consumers.

 

2602 For purposes of this Agreement, technological change means a combination of
all three of:

a) the introduction of equipment or material into the Employer’s operations of a
different nature and kind than that previously used in the Employer’s
operations; and

b) a change in the manner in which work is carried on that is directly related to
the introduction of that equipment or material; and

c) is likely to affect the security of employment of regular employees in the
bargaining unit.

 

2603 The Employer agrees that it will endeavour to introduce technological change in
a manner which, as much as is practicable, will minimize the disruptive effects on
services to the employees and consumers.

 

2604 Where the Employer intends to introduce technological change, the following
procedure will be followed:

a) the Employer will provide the Association with 90 calendar days’ notice prior
to the date the change is to be effective;

b) during this period, the parties will meet to discuss the steps to be taken to
assist the employees who could be affected;

c) where retraining is to be provided, it shall be provided during the employees’
normal working hours where possible; and

d) at the request of either party, a Technological Change Implementation
Committee will be established. The Committee will consist of two (2) worker
representatives selected by the Association and two (2) management
representatives. The role of the Committee will be to facilitate the
implementation of the technological change in a manner consistent with this
Article.

 

2605 The notice mentioned in Article 2604 shall include the following:

a) The nature of the change;

b) The date on which the Employer proposes to effect the change;

c) The approximate number, classification(s) and location of employees likely
to be affected by the change; and

d) The effects the change may be expected to have on the employee(s)’
working conditions and terms of employment.

 

2606 The provisions of this Article are intended to assist employees affected by
technological change and sections 83, 84 and 85 of The Labour Relations Act do
not apply during the term of this Agreement.

ARTICLE 27: NOTICE OF TERMINATION

2701 Except under extenuating circumstances, employees shall give two (2) weeks
notice of termination.

 

2702 Employment may be terminated with less notice or without notice:

a) by mutual agreement between the Employer and the employee;

b) during the employee’s probationary period; or

c) where an employee is discharged for just cause

ARTICLE 28: DISCIPLINE AND DISCHARGE

2801 An employee shall have the right to reasonable access to make copies of any
material contained in their personnel file without charge.

 

2802 No employee shall be disciplined or discharged without just cause.

 

2803 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 they are a danger to themselves or others, and to
be represented at such a meeting by an Association Representative, unless they
refuses such representation.

 

2804 An employee shall be notified in writing of the reasons for their discipline or
dismissal. A copy shall be forwarded to the Association Representative unless the
employee elects otherwise.

 

2805 Employees shall be shown any adverse report concerning their performance or
conduct, and their comments or reply shall also be recorded in their personnel file.
Upon request, they shall be given copies of such documents. If they regard the
report to be inaccurate, they may also initiate a grievance requesting its correction
or removal from their file.

 

2806 Any disagreement as to the accuracy of information contained in the file may be
subject to the grievance procedure and the eventual resolution thereof shall
become part of the employee’s file.

 

2807 An employee who considers themself to have been wrongfully disciplined,
suspended, or discharged shall be entitled to submit a grievance under Article 20
(Grievance Procedure).

 

2808 The Employer shall maintain only one (1) personnel file, containing all records
relating to the employee’s employment. An employee may examine their personnel
file upon request, and upon reasonable notice to the Employer, with supervision
designated by the Employer or by mutual agreement. Upon request, an employee
shall be given a copy of any document placed in their personnel file.

 

2809 The Employer agrees not to introduce as evidence any derogatory entry from the
employee’s file at any hearing unless the employee has previously been made
aware of its contents at the time of filing or a reasonable time thereafter.

ARTICLE 29: PERFORMANCE APPRAISALS

2901 When performance appraisals are conducted, the following guidelines shall apply:

 

a) performance appraisals shall be in writing and the contents shall be discussed
with the employee;

b) the employee shall sign the performance appraisal for the sole purpose of
indicating that they are aware of its contents;

c) the employee shall have the right to add comments to be attached thereto;

d) the employee shall be given a copy of the performance appraisal.

e) Performance appraisals shall only be conducted by out of scope management.

 

 

2902 If the employee regards the report or evaluation to be inaccurate, unfair or
unreasonable, they may also initiate a grievance requesting its correction or
removal from their file.

ARTICLE 30: PROBATIONARY EMPLOYEES

3001 Probationary Employee – is one who was hired at a level of .6 Staff Year
Equivalent or more and who has not completed three (3) months of continuous
employment; or is one who was hired at a level of .5 Staff Year Equivalent or
less, and who has not completed six (6) months of continuous employment.
Until such time as an employee has completed their probationary period, they
may be subject to discharge without recourse to the grievance procedure. In the
event that an employee is to be discharged during the probationary period,
written notice shall be served to the employee and the Association. The
probationary period of any given employee may be extended after consultation
with the Association.

 

3002 In the event that the Employer terminates the employment of a probationary
employee, the employee may grieve the termination at Step 2 of the grievance
procedure within ten (10) days from the date that employment was terminated.
The C.O.O. or designate shall hold a meeting to discuss the grievance with the
employee and an Association Representative. The decision of the C.O.O. or
designate at this stage shall be final and binding and shall not be referred to
arbitration.

ARTICLE 31: CASUAL EMPLOYEES

3101 Casual Employees – means an employee who is called in to work occasionally or
on an unscheduled day-to-day basis to replace or supplement regular staff. The
terms of this Agreement shall not apply to the casual employee except as
provided for below.

 

3102 Casual employees shall receive vacation pay calculated at the rate of four
percent (4%) of hours worked in any given bi-weekly pay period or six percent
(6°/o ), as applicable under The Employment Standards Code.

 

3103 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. Casual employees who do not
work for a period of twelve (12) months shall be considered to have had their
service broken. Any subsequent hours worked shall be accumulated as a new
hire.

 

3104 Casual employees required to work on a recognized holiday, including
Remembrance Day, shall be paid at the rate of time and one half (1 % x) their
basic rate of pay.

 

3105 Casual employees shall be entitled to compensation for overtime worked in
accordance with Article 8 (Overtime).

3106 Casual employees are not guaranteed any specific number of hours of work.
The provisions of the hours of work article (Article 7- Hours of Work and Shift
Schedules) respecting meal periods and rest periods shall apply to casual
employees.

 

3107 The Employer agrees to deduct Association dues from casual employees in
accordance with Article 19(Association Security). In the event that no wage
payment is made during any pay period, the Employer shall have no
responsibility to deduct to submit dues for that bi-weekly pay period.

 

3108 A casual employee reporting for work as requested by the Employer and finding
no work available shall be granted three (3) hours pay at their basic rate of pay.

 

3109 Article 20 (Grievance Procedure) and 21 (Arbitration Procedure), contained in
the Collective Agreement apply to casual employees only in respect to matters of
this Article.

 

3110 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.

 

3111 Casual employees shall receive increments on the basis of one ( 1) increment
upon completion of the full time equivalent hours. Such increments shall be
applied on the first day of the first bi-weekly pay period following completion of
the full time equivalent hours

ARTICLE 32: TERM EMPLOYEES

3201 Term employee – means an employee engaged for a fixed period of time or until
completion of a particular project or special assignment. Such employee is
covered by all the terms of the Collective Agreement except as modified herein.

 

3202 A term employee shall not be engaged for a period greater than twelve (12)
months, 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).

 

3203 For situations related to WCB and/or illness and/or accident, and/or
Maternity/Parental Leave, or where there is a term 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 term position will expire upon the
return of the current incumbent to her position, subject to a minimum of twentyfour
(24) hours notice. Any term positions directly resulting from the above
procedure will be posted in the same manner.

 

3204 A term employee hired for a particular project or special assignment may be
required to complete the term, project, or assignment for which they were
engaged before being considered for another position within the bargaining unit.
At the conclusion of the term for which they were engaged, the term employee
shall be entitled to exercise their seniority rights when applying for vacant
positions for which they are qualified.

 

3205 A term employee hired to temporarily replace a full time or part time employee
shall be entitled to exercise their seniority rights to obtain a vacant position for
which they are qualified prior to the expiration of their term.

 

3206 A term employee may not be eligible for transfer during their probationary period.

 

3207 A term employee may be required to complete a further probationary period up
to a maximum of three (3) months upon assuming another position in the
bargaining unit if that position is within a different or specialized area.

 

3208 A term employee shall have no seniority rights in matters of demotion, lay off and
recall.

 

3209 A term employee, who applies for is awarded a posted position prior to the end
of their period of temporary employment, shall have their service connected for
seniority purposes.

 

3210 A term employee shall not be terminated and re-hired for the purpose of
extending the period of term employment in the same position without prior
approval of the Association. Where a term employee completed their 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 term position.

ARTICLE 33: PART TIME EMPLOYEES

3301 Part time employees shall be covered by all provisions of this Agreement, unless
otherwise specified, and will receive a pro-rata share of salary, annual vacations,
and income protection credits.

 

3302 Unless otherwise mutually agreed between the Employer and the employee, part
time employees shall receive their entitled vacation over a period of time
equivalent to the vacation period of a full time employee.

 

3303 Part time employees who make it known to the Employer, in writing, that they are
willing to work occasional additional shifts shall be given preference of such shifts
over casual employees within the employee’s normal caseload area; or, within
Winnipeg if the employee normally works in Winnipeg.

 

3304 A part time employee reporting for work at the Employers request in the event of
an unforeseen staff shortage shall be paid no less than three (3) hours at her basic
rate.

 

3305 Step Increases

a) The calculation of hours worked in this Article shall include all regular hours
actually worked by an employee, and shall also include paid income
protection leave, vacation with pay, general holiday with pay, and any other
leave paid by the Employer.

b) An employee who is not at the maximum step of the pay scale in their
classification is eligible to be moved forward one ( 1) step on the salary scale,
if the employee has completed one thousand eight hundred and eight-five
(1885) hours worked or completed two (2) years of employment, whichever
arises sooner. The hours worked or years of employment for the purpose of
this Article shall be calculated from the most recent event among the
following:

i) date of hire; or

ii) date eligible for the previous step increase.

ARTICLE 34: SAFETY HEALTH AND WELFARE

3401 The Employer shall arrange for a pension plan, group life insurance plan, longterm
disability plan, health and welfare benefits and dental plan for its
employees. Employees shall be eligible and/or required to join these plans in
accordance with the terms and conditions of each plan.

 

3402 Benefit Plan Advisory Committee
One ( 1) employee representative elected by the Association may participate in
the Benefit Plan Advisory Committee in accordance with the terms of reference
of that Committee. The Committee shall have full access to all pertinent
information concerning the benefit plan.

 

3403 The Employer shall provide the Association with a copy of all employee health
and welfare benefit master plan text and amendments. In addition, the Employer
shall provide the Association with a copy of the annual report for all employee
health and welfare benefits plans and the actuarial valuation for the pension plan
when received.

 

3404 The parties to this Collective Agreement endorse the importance of a safe and
secure environment, in which employees must work. The parties will work
together in recognizing and resolving Workplace Safety and Health issues, in
accordance with The Workplace Safety and Health Act. The Workplace Safety
and Health Committee in place for 825 Sherbrook Street shall operate with one
( 1) Association delegate for the purpose of ensuring health and safety in the
workplace and the identification of health and safety hazards

ARTICLE 35: EMPLOYEE ASSISTANCE PROGRAM

3501 The Employer and the Association recognize that many conditions and
circumstances can affect work performance, which include emotional,
behavioral, psychological, psychiatric, chemical dependency problems, as well
as financial, legal or family problems. Employees with these or related problems
will have access to an E.A.P. program arranged and paid for by the Employer.
The Employer may change the E.A.P. service provider, subject to the
requirement that the E.A.P. is substantially similar in the aggregate.

 

3502 The job security and/or future employment opportunities with the Employer will
not be jeopardized by utilizing this service.

ARTICLE 36: TERM OF AGREEMENT

3601 This agreement shall be effective April 1, 201 4. The effective date of the
provisions of the new collective agreement shall be at the date of ratification,
except as specifically stated regarding salaries and retroactive payment for the
Labour Market Adjustment. The Salary scales set forth in the collective
agreement shall be effective April 1, 2014, in respect of work performed by
employees who remain employed in the bargaining unit as of the date of
ratification. Retroactive Payments will be made to any employees that are
employed within the bargaining unit as of the date of ratification, for work
performed from April 1, 2014 up to and including March 31 , 2016. Such
retroactive payment shall be made within sixty (60) days of ratification. No
retroactive payments will be made to employees that have had their employment
terminated or have resigned from their employment prior to the date of
ratification.

 

3602 This Agreement shall be in full force and effect until March 31, 2019 and
thereafter until a revised Collective Agreement is executed or this Agreement is
terminated by two (2) weeks written notice by either party.

 

3603 This Agreement may be amended during its term by mutual agreement.

 

3604 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) calendar days and not less
than thirty (30) calendar days prior to the expiration date hereof.

 

3605 If notice is not given under Article 3604, within thirty (30) calendar days prior to the
expiration date of the Agreement, this Agreement shall be renewed without change
for a further period of one (1) year.

 

3606 It is agreed that neither the Association nor the Employer shall sanction or
consent to any strike or lockout during the term of this agreement.

 

3607 All employees shall have the right to refuse to do the work of striking or locked
out employees.

 

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

Memorandums

MEMORANDUM OF UNDERSTANDING #1

MEMORANDUM OF UNDERSTANDING #1

between

SOCIETY FOR MANITOBANS WITH DISABILITIES SERVICES INC.

and

MANITOBA ASSOCIATION OF HEALTH CARE PROFESSIONALS

RE: EMPLOYMENT SECURITY

 

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

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

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

 

1. The Employer shall notify the Association, in writing, at least sixty (60) calendar
days prior to implementation of a plan to reduce the number of employees
covered by the provisions of this Collective Agreement by layoff.

2. In the event that circumstances arise beyond the Employer’s control that require
layoffs in a shorter time period. The Employer will provide as much notice as
possible to the Association in such an event. The parties will make efforts to
accelerate the discussions required in this Memorandum.

3. 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 Employer and the Association, no later than twenty (20)
days after the above.

4. The Employer and the Association agree to meet to consult on the process for
the layoffs developed by the Employer within five (5) days after discussions in #3
above.

5. The Employer will, wherever reasonably possible, carry out these reductions by
way of attrition.

 

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

MEMORANDUM OF UNDERSTANDING #2

MEMORANDUM OF UNDERSTANDING #2

between

SOCIETY FOR MANITOBANS WITH DISABILITIES SERVICES INC.

and

MANITOBA ASSOCIATION OF HEALTH CARE PROFESSIONALS

RE: GRIEVANCE INVESTIGATION PROCESS

 

The process is intended to create a harmonious relationship in order to promptly resolve
grievances in an economical fashion.

On this basis, the parties are committed to the utilization of the following process where it
is mutually agreed to be appropriate.

The parties hereto agree that the following conditions shall apply to the implementation
and operation of the Grievance Investigation Process:

 

Part 1 GENERAL

 

1. It is understood that this process is to continue concurrent with the Collective
Agreement.

 

2. Ms. Aurelia Last has been appointed by the parties to act as Grievance
Investigator and has accepted this appointment.

 

3. It is recognized that Grievance Investigation is a voluntary process and either
party may request that any grievance be submitted to Grievance Investigation,
however both parties must agree on each case to be so submitted. Where such
mutual agreement cannot be reached then the provisions of the Collective
Agreement regarding Arbitration shall apply.

 

4. It is understood that the opinion of the Grievance Investigator is advisory in
nature and is non binding on either party. Where one or both of the parties does
not accept the opinion of the Investigator then the option shall remain to utilize
the Arbitration procedure contained in Article 9 of the Collective Agreement.

 

5.

a) It is understood that where the parties agree to abide by the opinion of the
Investigator, it is done so on a without precedent or prejudice basis.

b) An opinion expressed by the Grievance Investigator regarding any issue
shall not be submitted to any future Grievance Investigation nor to any
Arbitrator.

 

6. The Grievance Investigator shall conduct an investigation into each grievance
jointly submitted to them. It is expected that a hearing will be required in the
normal course of the investigation. Within seven (7) days of a grievance being
submitted to them, the Grievance Investigator shall schedule a hearing to be held
within the thirty (30) day period following submission to them. The Grievance
Investigator is empowered to fulfil their role in any manner deemed by them to be
most effective given the individual circumstances of each case. The Grievance
Investigator’s general role is to:

a) Investigate each grievance jointly submitted;

b) define the issue(s) in dispute;

c) provide an opinion as to an appropriate resolution of the dispute.

 

7. The Grievance Investigator is expected to give a verbal opinion at the conclusion
of a hearing, and to submit a brief written opinion to each of the parties within
seven (7) days following a hearing. Where no hearing is held, it is expected that
the Grievance Investigator will provide them written opinion within seven (7) days
following completion of their investigation.

 

8. Where either or both parties choose not to accept the opinion of the Grievance
Investigator, they shall, within seven (7) days following receipt of the
Investigator’s written opinion, submit it in writing to both the Investigator and the
other party, their reasons for non acceptance. Such reasons shall not be
admissible at any future arbitration hearing or Grievance Investigation
proceeding.

 

9. The parties shall jointly prepare guidelines to assist the Grievance Investigator in
meeting the expectations of the parties. These guidelines may be amended from
time to time during the Collective Agreement as circumstances warrant and as
mutually agreed. The parties shall meet through Staff Representatives of the
MAHCP and the Employer at the request of either of these two bodies to review
the operation and utilization of the trial Grievance Investigation Process.

 

10. Nothing shall preclude the parties from resolving any grievance in any mutually
agreed manner either before, during or after its referral to the Grievance
Investigation Process.

 

11. It is expressly understood that the Grievance Investigation Process is intended to
provide a cost-effective, informal, and timely alternative to conventional
arbitration.

 

Part 2 SUBMISSION OF GRIEVANCE

 

1. In all cases the grievance procedure contained in the Collective Agreement will
continue to apply, however, where the grievance procedure has been exhausted
and a party has certain time limits to refer the matter to arbitration, that party
might instead within this time limit, advise the other party in writing of its desire to
refer the matter to the Grievance Investigation Process. Where such a request is
made, the time limits referenced in the grievance procedure shall be temporarily
suspended until:

a) the other party advises the party who has made such a request that it does
not agree to refer the matter to the Grievance Investigation Process, or

b) fourteen ( 14) days have elapsed from the date the request was made and
the other party has failed to respond, or

c) fourteen (14) days have elapsed from the date upon which the Grievance
Investigator issued their written opinion.

When any one of the events referred to in a), b) or c) above occur the time limits
for referring the matter to arbitration shall commence as if the grievance
procedure had been exhausted on that date.

 

Part 3 HEARINGS

 

  1. Hearings will normally be held on the premises of the facility where the grievance
    originated from, however, the Investigator may, with the consent of both parties,
    choose a more appropriate location in such instances as where several
    grievances originating from different locations can be heard at the same hearing.
  2. The parties agree not to be represented at any Grievance Investigation hearing
    by legal counsel. Attendance at hearings shall be limited to a maximum of four
    ( 4) employees from the bargaining unit and/or the Association, and four ( 4)
    Employer representatives. This stipulation shall not prevent the Grievance
    Investigator from requesting the attendance of any other person who can assist in
    clarifying the issue in dispute.
  3. The parties agree to provide the Investigator with a jointly prepared statement of
    facts in an effort to narrow the scope of any dispute and to minimize the need to
    present evi9ence through witnesses. The Grievance Investigator may through
    the course of their investigation determine additional facts relevant to the
    resolution of the matter and shall advise the parties accordingly.
  4. Hearings shall be held in an informal manner; however, the Investigator shall
    conduct any hearing in a manner deemed by them to be effective. Witnesses
    will not give evidence under oath but the Investigator may act as a participant in
    attempting to resolve areas of conflicting evidence.

 

Part 4 GUIDELINES FOR GRIEVANCE INVESTIGATOR

  1. The Grievance Investigator shall be expected to accept the role for the entire
    Collective Agreement.
  2. While appointed the Grievance Investigator may not act on behalf of one of the
    parties either as counsel or nominee at conventional arbitration. They may serve
    as sole Arbitrator or Chairman of an arbitration board hearing a dispute involving .
    one or both of the parties except in the case of a dispute which has previously
    been referred to them in their capacity as Grievance Investigator.
  3. While it is not expected to be as detailed as an Arbitrator’s Award, the parties do
    expect the written opinion to be a concise statement of the reasoning followed in
    reaching their conclusions. A detailed review of the positions of the parties or
    arbitral jurisprudence is not expected nor is any recounting of non germane fact
    or argument. The opinion should contain sufficient information to assist the
    parties in preventing similar future disputes.
  4. The parties shall each pay for their own costs associated with referring and
    processing a grievance through the Grievance Investigation Process except that
    the cost to the Employer shall be based on a flat rate of $250 dollars per year.
  5. The Grievance Investigator is empowered to consider any grievable matter put to
    them by the parties including a question of whether or not an issue is grievable.
  6. The opinion of the Grievance Investigator is expected to be an informed estimate
    of the likelihood of the grievance being sustained or denied in the event of its
    being referred to arbitration.
  7. The Grievance Investigator will be provided with any documentation which might
    provide assistance to them carrying out their role.
Signed this ____________ day of _______________, 2016
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE EMPLOYER
_______________________
_______________________
_______________________
_______________________
_______________________
FOR THE ASSOCIATION

MEMORANDUM OF UNDERSTANDING #3

MEMORANDUM OF UNDERSTANDING #3

between

SOCIETY FOR MANITOBANS WITH DISABILITIES SERVICES INC.

and

MANITOBA ASSOCIATION OF HEALTH CARE PROFESSIONALS

RE: SLP NORTHERN SERVICE PROVISION

 

1. The Employer is required to provide Speech Language Pathology services
throughout Manitoba, specifically including communities North of the 53rd
parallel, currently including Thompson, Flin Flon, The Pas, and surrounding
communities (the “region”).

 

2. The parties recognize that it will not always be possible or practicable to have an
employee resident in the region. However, where the Employer determines that
this region requires staff or additional staff to provide the services, and
determines that it has budgetary ability to provide the services, the Employer will
make all reasonable efforts to post vacancies and recruit employees to work in
the region, whether as residents of the region, or by providing regular service to
the region.

 

3. The Employer will continue to designate terms and conditions for bargaining unit
vacancies that include a preference or requirement for an employee to provide
regular service to the region. Subject to the terms and conditions of a specific
vacancy posting applied for by an employee or prospective employee, no
employee will be required to change their current city or town of residence to
maintain their current position by reason of this Memorandum of Understanding.

 

4. In the event that there are insufficient employees available and experienced in
the Employer’s method of program delivery to provide the required service, the
Employer may solicit interest from employees for assignment to the region. In
the event that there are insufficient employees, then the Employer may
designate the most junior employee.

 

5. The Employer and Association understand that some travel to the region will be
required in order to provide appropriate service to the region. However, to the
extent reasonably possible, and subject to program or professional requirements
for service delivery, the Employer shall:

a) endeavour to utilize available technology to assist in service delivery, to
reasonably limit travel; and

b) allocate the service delivery among a number of employees within required
service areas.

 

6. Employees assigned to work in the region, who do not reside in the region, shall
be paid a premium of ten percent (10°/o), based on their current hourly rate for all
hours of work performed in relation to the case load of the region. Time spent in
travel status shall be subjet to the premium.

 

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

Schedules

Schedule "A" Salaries

SCHEDULE "8" - Northern Allowance

SCHEDULE “8” – Northern Allowance

 

1. A “Northern Allowance” shall be paid to bargaining unit employees who live and
work North of the 53rct parallel, as a bi-weekly supplem~nt to existing wages,
subject to the eligibility criteria and conditions in this Schedule. The provisions of
this Schedule shall take effect on the first full bi-weekly pay period after April 1,
2008.

 

2. The employee shall be supporting one ( 1) or more dependents. A “dependent”
includes the following:

a) spouse living with and dependent on the employee for main and
continuing support;

b) unmarried child under eighteen (18) years of age;

c) an unmarried child over eighteen (18) years of age but under twenty-one
(21) years if in full time attendance at school, university, college or similar
educational institution; or

d) an unmarried child of any age with a physical or cognitive disability, and
provided that such a child is dependent on the employee for main and
continuing support.

 

3. A bi-weekly supplement is paid to applicable employees in the following two (2)
categories as follows:

a) Without dependent spouse or child:
effective the first full bi-weekly pay period after April 1 , 2008, one
hundred and five dollars ($105.00) per bi-weekly pay period;
effective April 1, 2009, one hundred and ten dollars ($11 0.00) per
bi-weekly pay period;

b) With dependent spouse or child:
effective the first full bi-weekly pay period after April 1 , 2008, one
hundred fifty-five ($155.00) per bi-weekly pay period; and
effective April 1, 2009, one hundred sixty five dollars($165.00) per
bi-weekly pay period.

 

4. Effective the first full pay period after April 1 , 2007, both the dependent and nondependent
supplements shall be increased by 3°/o.

 

5. For part-time employees the bi-weekly supplement shall be paid on the basis of
one-tenth (1/10) of the bi-weekly amount for each day that the employee works
during a bi-weekly pay period, regardless of the number of hours worked on
each day.

 

6. The supplement in this Schedule is payable in respect of paid vacation and
eligible general holidays and for periods in which an employee is receiving
income protection or is on other authorized leave with pay. The supplement is
not payable during periods of absence without pay. The supplement shall not be
calculated as part of an employee’s pay for regular pay, but shall be paid as a
flat amount in addition to the rate that the employee is paid for the work actually
performed. Therefore, the supplement shall not be included in the calculation of
overtime payments, pension plan, group life insurance plan, income protection,
vacation pay or any other employee benefits or other remuneration.

Important Phone Numbers

IMPORTANT PHONE NUMBERS

Canada Pension Plan 1-800-277-9914

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

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

Human Rights Commission 945-3352 / 1-888-884-8681

Manitoba Association of Health Care Professionals 772-0425 / 1-800-315-3331

Manitoba Blue Cross 775-0151 / 1-800-873-2583

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

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

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