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Winnipeg Clinic

COLLECTIVE AGREEMENT

Between

WINNIPEG CLINIC MEDICAL CORPORATION

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

For the Period April 1, 2014 to March 31, 2019

PDF VERSION

Introduction

Introduction

COLLECTIVE AGREEMENT

Between

WINNIPEG CLINIC MEDICAL CORPORATION

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

For the Period April 1, 2014 to March 31, 2019

 

This Agreement Made In Duplicate This ____ Day of ______, 2017

BETWEEN:
THE MANITOBA ASSOCIATION OF HEALTH CARE PROFESSIONALS
(Herein called the “Association”)

– and –

Winnipeg Clinic Medical Corporation
(Herein called the “Clinic”)

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

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

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

Articles

ARTICLE 1: SCOPE AND APPLICATION OF AGREEMENT

101 The Clinic recognizes the Association as the exclusive bargaining agent for all
Radiological Technologists and Dark Room Technicians employed by the Winnipeg
Clinic except those excluded by the Act, as defined in the Manitoba Labour Board
Certificate Number MLB-4868.

 

102 If the Manitoba Labour Board rules that any person is an “employee” within the
bargaining unit within the meaning of the Manitoba Labour Relations Act, then the
Clinic agrees with the Association that it will meet forthwith with representatives of the
Association to negotiate the classification and the salary schedule for such
classification for inclusion in the Collective Agreement, and if the employer and the
Association are unable to reach agreement on such classification and salary
schedule, or either of them, then the matter may be submitted to binding arbitration
by either of the parties pursuant to Article 21 of this Agreement.

 

103 A copy of this Agreement shall be provided by the Clinic to each of the present
employees and to all future employees bound by this Agreement. The Association
and the Clinic shall share equally all costs in connection with the printing and
distribution of the Collective Agreement.

 

104 No employee shall enter into any separate agreement inconsistent with the provisions
hereof.

ARTICLE 2: DEFINITIONS

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

 

202 Approved Training – means training approved by the Canadian Association of Medical
Radiation Technologists.

 

203

a) C.A.M.R.T. means Canadian Association of Medical Radiation Technologists.

b) RT means Registered Technologist certified by and currently registered with the
C.A.M.R.T.

c) A.C.R. means Advanced and Certification, Radiography, certified and currently
registered with the C.A.M.R.T.

d) F.C.A.M.R.T. – means Fellowship of the Canadian Association of Medical Radiation
Technologists, certified and currently registered with the C.A.M.R.T.

 

204 Employee – means any person employed by the Clinic on a full-time or part-time basis
within the bargaining unit as described by Article 101.

 

205 Employer means the Winnipeg Clinic.

 

207 Basic Rate, Salary or Pay means the amounts indicated in Schedules A and B.

 

208 Technologist means a graduate of an approved school of medical radiation
technology and/or an individual who has attained certification and is currently
registered with the Canadian Association of Medical Radiation Technologists.

 

209 Technologist I – a Technologist who is performing assigned routine duties.

 

210 Technologist II – a Technologist who performs work that is of greater responsibility
than that performed by a Technologist I;

or

A Technologist performing more specialized procedures and techniques.

 

211 Technician I – an employee who has on-the-job training and performs only specified
procedures.

 

212 Technician II – an employee who performs under supervision, certain specialized
procedures;

or

An employee who performs duties of a greater responsibility than a Technician I.

ARTICLE 3: EMPLOYMENT STATUS

301 Employees will be advised of their status at the time of their hire and at the time of any
subsequent change.

 

302 Full-time Employee – means an employee who is scheduled on a regular ongoing
basis to work the regular hours described in Article 6. A full-time employee is covered
by all provisions of this Agreement unless otherwise specified.

 

303 Part-time Employee – means an employee who regularly works less than the hours of
work as set out in Article 6, on a scheduled and recurring basis.

 

304 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 vacation,
income protection credits, pensions, and general holidays as per Article 1003.

 

305 A part-time employee reporting for work as scheduled or at the Clinic’s request in the
event of an unforeseen staff shortage, shall be paid not less than three (3) hours pay
at her basic rate if she is sent home due to lack of work.

 

306 Unless otherwise mutually agreed between the Clinic 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.

 

307 Part-time employees who make it known to the Clinic that they are willing to work
occasional additional shifts shall be given preference over casual employees in the
assignment of such shifts, providing they have the necessary qualifications. This
provision shall not apply if it would result in the part-time employee working in excess
of the regular hours of work as per Article 601.

 

308 When part-time employees agree to work additional shifts that are outside their regular
scheduled, it shall not be construed as a change of shift or a callback.

 

309 Probationary Employee

a) Probationary employee is one who has not completed three (3) months of
continuous full-time employment or four (4) months continuous employment for
all others. Until such time as an employee has completed his/her probationary
period as herein above provided he may be subject to discharge without
recourse to the grievance procedure.

b) The probationary period for any given employee may be extended for any period
not exceeding three (3) months, after consultation with the Manitoba Association
of Health Care Professionals.

 

310 Term Employee

a) Term Employee – means an employee engaged for a particular assignment, or
specific period of time as a full-time or part-time employee. The start and
completion dates of the term will be specified in writing. A term employee shall
not be engaged for a period of greater than twelve (12) months, unless mutually
agreed between the Association and the Clinic.

b) A term employee hired to replace a permanent employee:

i) shall be entitled to exercise her seniority rights to apply for positions
posted prior to the expiration of her term of employment;

ii) may be required to complete the term of employment for which she was
engaged before being considered for the position;

iii) may be required to complete a further probationary period upon being
awarded a permanent or new term position.

iv) shall have seniority connected only where she has applied for a position
posted prior to the end of her term of employment, and has been the
successful applicant for that position.

v) shall have seniority rights in matters of demotion, layoff or recall only in
respect to other term employees.

vi) shall not be entitled to the provisions of Article 1409, 1502, 1505, and
2901.

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

viii) All eligible group benefits will come into effect when three (3) continuous
months of full-time employment as a term full-time employee has
occurred.

 

311 Casual Employee

Casual Employee is an employee who is occasionally called in to work by the
employer to:

a) Replace a full-time or part-time employee or

b) Supplement regular staff coverage in situations of unforeseen staff shortage

 

The terms of this agreement shall not apply to casual employees except as provided
for below:

a) casual employees shall receive vacation pay calculated at the rate of 6% for
all hours worked. Vacation pay so earned is payable at the end of each
calendar year

b) casual employees shall be entitled to compensation for overtime in
accordance with Article 7

c) casual employees shall be paid not less than the start rate or the maximum
rate for the position to which they are assigned

d) casual employees are not guaranteed any hours of work. In the event no
wage payment is made during any pay period, the employer shall have no
responsibility to deduct or remit dues for that pay period

e) casual employees shall have Association dues deducted in accordance with
Article 20

f) casual employees reporting for work as requested by the employer and
finding no work available shall be paid at least three (3) hours pay at his/her
basic rate of pay.

g) Article 21 Grievance and Arbitration shall apply to casual employees only with
respect to the matters of Article 207.

h) Casual employees shall accumulate seniority as per Article 1801.

ARTICLE 4: MANAGEMENT RIGHTS

401 Except to the extent expressly abridged by a specific provision of this Agreement, the
Clinic reserves and retains all of its inherent rights to manage the affairs of the Clinic
and to make and alter from time to time rules and regulations to be observed by the
employees, which rules and regulations shall be part of but not inconsistent with this
Agreement.

 

402 The employer, in administering this Collective Agreement will act reasonably, fairly, in
good faith, and in a manner consistent with the Collective Agreement as a whole.

 

403 The Clinic agrees to discuss in advance with the Association all matters which
significantly affect their security of employment or working conditions.

ARTICLE 5: SALARIES

501 Salaries shall be paid to each employee in accordance with Schedule A and B
attached hereto and made part hereof.

 

502 It is understood and agreed that all employees covered by this Agreement shall be
placed at the level of wages as listed in Schedule A.

 

503 In addition to the wages as provided for in Schedule A, all employees covered by this
Agreement shall be paid non-cumulative monthly academic allowances as set out in
Schedule “B” attached.

 

504 Upon promotion, an employee shall receive a salary applicable to their new
classification, which provides for an increase of at least 5% of her former salary. The
anniversary date of each employee for incremental purposes shall be the date on
which the employee last commenced employment with the Clinic.

 

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

 

506 An employee shall be entitled to payment of all wages, vacation pay and other benefits
within five (5) working days following termination.

 

507 Salaries shall be quoted in terms of the gross bi-weekly rates and hourly rates.

 

508 Equivalent gross hourly rates shall be calculated as follows:

Monthly Rate X 12
1950

 

509 A graduate of an approved school of Medical Radiation Technology and/or an
individual who has not attained, or maintained his R.T. may at the discretion of the
employer be paid $50.00 less than the approved Technologist’s scale as set out in
Schedule “A” attached hereto; however, upon attaining his R.T., the $50.00 per month
will be retroactive to the initial date of obtaining same.

 

510 The minimum starting salary of a newly hired employee will be determined by
experience in accordance with the following table:

 

Start 1 Yr. 2 Yr. 3 Yr. 4 Yr.
1950 hours in the previous three years XX
3900 hours in the previous four years XX
5850 hours in the previous five years XX
7800 hours in the previous five years XX

 

A Technologist employed at a classification above a Technologist I shall be paid a starting
salary that is not less than one increment above the salary she would receive if employed
as a Technologist I.

 

511 Increments for Part-time Employees

Part-time employees hired after the date of signing of this Agreement shall receive
increments (calculated from the date of her last increment or her starting date as the
case may be) on the basis of one (1) increment for each 1300 hours worked or one
(1) year’s service, whichever occurs later. In the case of the increment being given
on the basis of 1300 hours worked, it shall be applied to the pay period next following
completion of 1300 hours worked.

An employee whose employment status changes from part-time to full-time shall be
entitled to receive an increment on the later of:

a) one (1) calendar year from the current date of her
last increment, or starting date as the case may be;

or

b) on completion of 1300 hours calculated under the
formula:

B = 1950 – (A X 3/2)

A = Number of hours during which seniority was accrued under part-time status
since the date of her last increment, or starting date as the case may be.

B =Number of hours remaining to be worked as full-time to earn an increment.

The above provision shall not apply to part-time employees prior to the date of
signing of this Agreement until after they receive their next increment in
accordance with the following:

a) Annually if they work one half of full-time hours;

b) On every second anniversary date if they work less than half time.

ARTICLE 6: HOURS OF WORK

601 It is understood and agreed that the normal work day shall not exceed seven and a
half (7 1/2) hours duration, excluding meal periods and including rest periods.

 

602 It is understood and agreed that except as hereinafter expressly provided, the work
week shall not exceed 37 1/2 hours.

 

603 A meal period of one (1) hour’s duration to be scheduled by the employer during each
regular working day.

 

604 A rest period of twenty (20) minutes shall be scheduled by the employer during each
continuous three (3) hour period of duty.

 

605 Normal shift schedules shall be posted at least two (2) weeks in advance and shall be
subject to change as may be necessary for the benefit of the Clinic’s operation The
posted shift schedules shall be subject to change only by mutual agreement.

 

606 If the Clinic considers implementing a significant change to the normal work day, the
normal shift of work, the normal work week, or the normal rotation of shifts, the

Employer will call a meeting of the affected employees to discuss and consider such
changes.

A properly designated representative of the Association shall be given seven calendar
days written notice of the meeting and shall be given the opportunity to attend this
meeting. The notice of the meeting shall contain a detailed outline of the changes,
and the reason(s) for proposing the change(s).

The Clinic agrees to allow the employees up to ten (10) working days to formulate a
reply and 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 Clinic still plans to implement the change, the affected
employees will be given at least thirty (30) calendar days’ notice. Notice time may be
adjusted by mutual agreement.

At any stage following notification of the meeting, the Association shall have the
opportunity to meet with representatives of the Board of the Clinic to discuss the
changes.

 

607 Where an employee is required to attend a meeting called by the Employer on a
scheduled day of rest, the employee shall be compensated in accordance with the
terms of this Agreement.

 

608 The Clinic agrees to meet during the life of the Agreement to review and discuss
flexible scheduling. The implementation of schedules will be subject to agreement
between the Association and the Clinic.

ARTICLE 7: OVERTIME

701 All overtime must be approved in advance and in writing by the Assistant Administrator
or the Administrator of the Winnipeg Clinic.

 

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

 

703 Overtime rates shall be:

a) One and one half times (1 1/2X) the basic rate except as follows:

b) two (2) times the basic rate for all overtime worked in excess of three (3) hours in any
one day,

c) two and one half (2 1/2) times the basic rate for all time worked on a general holiday.

 

704 If mutually agreed upon, an employee may be granted compensatory time off
equivalent to and in lieu of the overtime payment to which the employee would
otherwise be entitled.

 

705 There will be no payment for occasional overtime or deduction for occasional
tardiness of less than fifteen (15) minutes in a day.

ARTICLE 8: CALL BACK TO DUTY

801 An employee designated to be on call or standby shall be paid an allowance of one
(1) hour’s pay for each eight (8) hour period, or a pro-rata portion thereof.

 

802 An employee who is called back to work after their regularly scheduled hours of work
shall be paid at overtime rates for not less than three (3) hours for each such call.
Standby allowance shall not be paid for actual time worked on a callback.

 

803 An employee who is called back to work or is required to travel on behalf of the Clinic
shall:

a) have return transportation provided for by the Clinic;

OR

b) receive forty-four cents ($.44) per mile for use of the employee’s vehicle, subject to a
minimum payment of four dollars ($4.00) for a return trip.

 

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

 

805 Standby will be allocated as equitably as possible amongst those employees who are
willing and qualified to be on standby. In the event that no technologist was willing to
perform standby and callback duty, the Clinic may initiate a rotating scheduled with
no employee having more than seven (7) consecutive days of standby.

ARTICLE 9: RESPONSIBILITY AND RELIEF DUTIES

901 An employee who replaces or relieves or assumes responsibility for a senior position
or a department shall be paid a relieving or responsibility allowance of one dollar and
thirty five cents ($1.35) per hour for all hours worked.

 

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

 

903 Appointments of an employee to a senior position for relief duty shall be confirmed by
the Assistant Administrator or Administrator in writing and in a consistent manner in
each department.

ARTICLE 10: GENERAL HOLIDAYS

1001 A full day’s holiday pay, i.e. seven and one-half (7 1/2) working hours at the regular
rate, shall be granted each employee on each of the following holidays, namely:

  • Good Friday
  • Labour Day
  • Dominion Day (Canada Day)
  • Thanksgiving Day
  • Victoria Day
  • Remembrance Day
  • Terry Fox Day
  • Christmas Day
  • New Year’s Day
  • Boxing Day
  • Louis Riel Day

Plus any other general holiday as declared by the Federal, Provincial or Local
Government authority

 

1002 In addition to the foregoing General Holidays named in 1001, each employee shall be
granted; the afternoon half of her shift off on December 24; and an additional holiday,
in lieu of Easter Monday, as a Floater Holiday. The Floater Holiday shall be scheduled
at a time mutually agreed upon between the Employer and the employee.

 

1003 Part-time employees shall receive payment for general holidays as follows:

a. if she works fifteen days of the previous thirty calendar days the equivalent of their
regular day’s earnings;

b. if she is normally scheduled to work on that day the equivalent of their regular
day’s earnings;

c. if she fails to meet the requirements of (1) or (2), she will receive 5% of the
employee’s total wages, excluding overtime wages, for the four-week period
immediately preceding the holiday.

 

1004 An employee required to work on a general holiday shall be paid two and one half (2
1/2) times their basic rate for all hours worked, or if mutually agreed upon,
compensating time off in lieu of pay.

 

1005 For an employee required to work on Easter Sunday, the day and time worked shall
be treated as a general holiday and subject to the provisions of Article 1001 and 1002.

ARTICLE 11: VACATIONS

1101 An employee with four (4) or less years of service will earn vacation entitlement at the
rate of 1.25 days for each complete month of service (15 days per year).

 

1102 An employee with four (4) years of service but less than fifteen (15) years of service
will earn vacation entitlement at the rate of 1.67 days per each complete month of
service (20 days per year).

 

1103 An employee with fifteen (15) years of service but less than twenty-five years of
service will earn vacation entitlement at the rate of 2.08 days per complete month of
service (25 days per year).

 

1104 An employee with twenty-two (22) years of service or more will earn vacation
entitlement at the rate of 2.5 days per complete month of service (30 days per year).

 

1105 The whole of the calendar year shall be available for the taking of annual vacation.

 

1106 If a Statutory Holiday occurs during an employee’s vacation, the employee shall have
the opportunity to take an additional day of paid vacation.

 

1107 An employee shall be given preference as to the selection of vacation on the basis of
seniority. Employees will make every reasonable effort to complete their selection
within seven (7) working days.

 

1108 An employee who terminates for any reason is entitled to pay in lieu of vacation earned
but not taken, calculated as a percentage of the number of regular paid hours.

ARTICLE 12: INCOME PROTECTION

1201 An employee shall be entitled to payment of basic salary during absence from work
due to illness or injury sustained by the employee to the extent that the employee has
accumulated income protection credits subject to the following conditions:

 

1202 The Clinic agrees to recognize income protection credits accumulated in the employ
of the Winnipeg Clinic prior to the signing of this Agreement.

 

1203 Full-time employees shall accumulate income protection credits at the rate of one day
for every complete month worked.

 

1204 Part-time employees shall accumulate income protection credits on a pro-rata basis
of hours worked compared to full-time employees.

 

1205 The Clinic may recover sick leave benefits paid to a probationary employee if she
terminates before completion of such probationary period.

 

1206 An employee who will be absent due to illness or injury must make every reasonable
effort to inform her supervisor prior to the commencement of their next scheduled shift.

 

1207 The Clinic reserves the right to require a medical certificate or report to determine an
employee’s fitness to perform their normal duties during or following absence due to
illness. Such certificate shall not be required without cause for absence periods of
three (3) days or less.

 

1208 Income protection shall be effective from the date of commencement of employment
and accumulative.

 

1209 All eligible employees shall participate in a Long Term Disability Plan which shall be
paid by the employee. The Clinic shall inform the employees of any major changes
to the Plan.

 

1210 While on vacation, an employee entitled to income protection is hospitalized for
twenty-four (24) hours or is unable to work for a period of three days or more, sick
leave may be substituted for vacation.

The employee must provide a valid medical certificate for all such periods of time. All
periods of vacation displaced shall be reinstated for use at a mutually agreed later
date.

 

1211 Upon retirement, an employee with 20 years of service shall be entitled to receive a
pay-out of 20% of unused sick time. This amount will be increased by 1% per year
beyond 20 years of service to a maximum of 25% of unused sick time.

ARTICLE 13: COMPASSIONATE LEAVE

1301 An employee shall be granted up to four (4) days paid compassionate leave in the
event of death of a spouse, child, parent or sibling (including grand-, step-, or -in-law),
fiance(e) or member of the employee’s household.

 

1302 Necessary time off up to one day at basic pay will be granted an employee to attend
a funeral as a pallbearer or mourner.

 

1303 Compassionate leave may be extended where travel is required, or at the Clinic’s
discretion for other reasons.

 

1304 Compassionate leave for reasons other than death, such as sudden or serious illness
or injury to a family member, or serious personal loss due to fire, flood, or theft, shall
be granted at the Clinic’s discretion. Such leave shall not be unreasonably denied.

 

1305 Compassionate leave may be reduced in whole or in part at the discretion of the Clinic
when the employee is on vacation or unpaid leave of absence.

ARTICLE 14: LEAVE OF ABSENCE

1401 An employee will be required to submit a written request for any leave of absence
referred to in this Collective Agreement, unless otherwise herein stipulated. These
requests will specify the reason for the leave and will be considered on an individual
basis and may be allowed at the discretion of the employer, but such consent shall
not be unreasonably withheld. Unless otherwise indicated in the Collective
Agreement, except in emergencies, such requests must be made at least four (4)
weeks in advance.

 

1402 Overstaying of a leave of absence shall be deemed to constitute a resignation, except
where an employee communicates with the employer for purposes of requesting an
extension of said leave and for extenuating circumstances.

 

1403 Adoption Leave

a) Where an employee adopts a child she/he shall be entitled to commence adoption
leave upon being notified by the agency involved that a child is available for
placement. 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.

b) Up to five (5) months leave without pay shall be granted an employee upon adoption
of a child.

c) Where both parents are employees of the Employer such leave shall apply only one

(1) employee unless otherwise agreed to between the Employer and the employees.

 

1404 Maternity Leave

Up to five (5) months maternity leave without pay will be granted to a pregnant
employee subject to the following conditions:

a) A written request must be submitted at least four (4) weeks in advance of the date of
the intended leave.

b) The employee must have completed at least seven (7) months of continuous
employment in the Clinic prior to the intended date of the leave, unless otherwise
agreed by the Clinic.

c) If requested by the employee, unpaid maternity leave of a shorter or longer duration
may be granted at the discretion of the Clinic.

d) If the employee is unable to continue in her work due to illness as certified by a
physician, she shall be entitled to sick leave and/or unpaid leave of absence until the
start of her maternity leave.

 

1405 Parental Leave

Eligible employees shall be entitled to parental leave in accordance with the
Employment Standards Act.

 

1406 A male employee shall be entitled to one (1) day’s paid leave of absence with pay
within seven (7) days of the birth or adoption of his child.

 

1407 Court Duty – An employee subpoenaed for jury duty or as a witness shall be placed
on leave of absence with pay for the total period of court duty. All benefits of this
Agreement continue to accrue during this period of leave of absence. The employee
shall turn over to the Employer any witness or jury fees received as a result of being
subpoenaed, provided these do not exceed the employee’s regular pay for the period
of the leave.

 

1408 Notwithstanding the provisions of this article, an employee on leave of absence for
court duty is not required to turn over to the employer more than five (5) days of
witness or jury fees per calendar week.

 

1409 Educational leave of absence with pay and reasonable expenses may be granted for
continuing educational programs, subject to the approval of the Employer, who shall
make every effort to grant such leave.

 

1410 Subject to the prior approval of the Administrator, an employee who takes an
educational course outside of working hours that their supervisor indicates is relevant
to her employment, the Clinic will reimburse the employee for the tuition fee to a limit
of $100.00 upon successful completion of the course. Proof of successful completion
will be required.

ARTICLE 15: HEALTH AND WELFARE

1501 Dental Plan – The Clinic agrees to provide a dental plan for all eligible employees who
have completed their initial three (3) month probationary period. Each employee and
their eligible dependants shall be entitled to a maximum coverage of $1,000.00 per
person per year. The Clinic shall pay 70% of all eligible basic claims and 50% of
eligible major and orthodontic claims.

 

1502 All full-time and part-time employees who have completed their probationary period
shall be eligible for a uniform allowance of $115.00 per calendar year.
All uniforms must be approved by the supervisor before the allowance will be paid.
Any increase in the uniform allowance during the life of the Collective Agreement will
be implemented in accordance with the Clinic Policy.

 

1503 Prescription drugs shall be available to the employees and their dependants at cost
at the Winnipeg Clinic Pharmacy.

 

1504 Life Insurance – Each eligible employee shall be entitled to fully paid group life
insurance coverage as follows:

1) Employees without Dependants

a) Life insurance equal to current annual salary as determined April 1st of
each year.

b) Accidental Death and Dismemberment insurance equal to current annual
salary as determined April 1st of each year.

 

2) Employees with Dependants

a) Life Insurance equal to twice the current annual salary as determined April
1st of each year.

b) Accidental Death and Dismemberment insurance equal to twice the current
annual salary as determined April 1st of each year.

 

3) All benefits are subject to the eligibility and insurability provision of the group life
insurance plan.

 

1505 The Clinic shall provide a money purchase equal contribution pension plan for
employees in the bargaining unit. Such a plan shall be consistent with current
provincial pension plan regulations. The Clinic shall notify the Association of any
planned changes to the pension plan.

 

1506 The Clinic agrees to maintain working conditions which are conducive to the safety
and health of its employees.

 

1507 For the purposes of this Article, dependant shall be as deemed under the Canada
Income Tax Act.

 

1508 The Employer agrees to schedule staff meetings a minimum of four (4) times per year.
The meetings will be for the purpose of continuing education, protocol, and policy
changes or other matters relating to the workplace.

ARTICLE 16: TECHNOLOGICAL CHANGE

1601 Technological change means:

a. the introduction by an employer into his work, undertaking or business of
equipment or material of a different nature or kind than that previously used by
him in the operation of the work, undertaking or business, and

b. a change in the manner in which the employer carries on the work, undertaking
or business that is directly related to the introduction of that equipment or material.

 

1602 Notice of technological change.

i) Where an employer who is bound by a collective agreement affecting a unit of his
employees proposes to effect a technological change that is likely to affect the terms
and conditions, or the security, of employment of a significant number of employees
in the unit or to alter significantly the basis upon which the collective agreement was
negotiated, he shall give notice of the technological change to the bargaining agent
bound by the collective agreement at least ninety days before the date on which the
change is to be effected.

Contents of notice

b) The notice referred to above shall be in writing and shall state:

i. the nature of the technological change;

ii. the day on which the employer proposes to effect the technological
change;

iii. the approximate number and type of employees likely to be affected
by the technological change; and

iv. the effect that the technological change is likely to have on the terms
and conditions, or security, of employment of the employees affected
or the alteration that is likely to be made to the basis upon which the
collective agreement was negotiated.

 

Notice to bargain.

c) Where an employer gives notice as per Article 1602 a), the bargaining agent
bound by the collective agreement may serve notice upon the employer to
commence collective bargaining with a view to the revision of the collective
agreement or the conclusion of a new collective agreement, and thereupon the
collective agreement in effect at the time the notice is given terminates on the
earlier of:

i. the date of expiry thereof; or

ii. the day ninety days after the day on which the notice to commence
collective bargaining is served upon the employer; unless it is renewed prior thereto.

 

1603 Arbitration of effect of technological change.
Where an employer bound by a collective agreement affecting a unit of employees
proposes to effect a technological change, he may submit to arbitration the question
of whether the technological change is likely to affect the terms and conditions, or
security, of employment of a significant number of employees in the unit or to alter
significantly the basis upon which the collective agreement was negotiated; and if the
arbitration board finds, in its award, that the technological change is likely to affect the
terms and conditions, or security, of employment of a significant number of employees
in the unit or to alter significantly the basis upon which the collective agreement was
negotiated, the award of the arbitration board shall be deemed to be notice of the
technological change given under Article 1602 a) to the bargaining agent bound by
the collective agreement on the day on which the award is made and Article 1602 c)
applies mutatis mutandis.

 

1604 Failure to serve notice.

a) Where an employer who is bound by a collective agreement affecting a unit of his
employees fails to give notice of a proposed technological change in accordance with

 

1602

a), the bargaining agent may submit to arbitration the question of whether the
employer

(i) has effected a technological change that affected or was likely to
affect the terms and conditions, or security of employment of a significant
number of employees in the unit or that altered or was likely to alter
significantly the basis upon which the collective agreement was negotiated;

or

(ii) proposes, within ninety days after the submission of the question to
arbitration, to effect a technological change that is likely to affect the terms
and conditions, or security, of employment of a significant number of
employees in the unit or to alter significantly the basis upon which the
collective agreement was negotiated.
Effect of affirmative award.

 

b) Where an arbitration board to which a question has been submitted under 1604
a) finds in its award that the employer has effected or proposes, within ninety days of
the date upon which the question was submitted to arbitration, to effect a technological
change that affected or is likely to affect the terms and conditions, or security, of
employment of a significant number of employees in the bargaining unit or that altered
or is likely to alter significantly the basis upon which the collective agreement was
negotiated, the award of the arbitration board shall be deemed to be notice by the
employer given under 1602 a) on the day on which the award is made and 1602 c)
applies mutatis mutandis.

 

1605 Application of Articles 1602, 1603 and 1604.

Articles 1602, 1603 and 1604 do not apply to an employer and a bargaining agent
who are bound by a collective agreement where

 

a) The employer has given to the bargaining agent a notice in writing of the
technological change that is substantially in accordance with Article 1602 b)

i. not less than four days before the day on which the employer and the
bargaining agent revised or renewed the collective agreement or
entered into the collective agreement; or

ii. not later than four days before the last day on which notice requiring
the parties to commence collective bargaining for the purpose of
entering into the collective agreement could have been given pursuant
to section 52 of the Labour Relations Act, if no notice was given under
that section; or

 

b) the collective agreement contains provisions that specify procedures by which
any matters that relate to terms and conditions or security of employment likely to be
affected by technological change may be negotiated and finally settled during the term
of the agreement; or

 

c) the collective agreement contains provisions that

i. are intended to assist employees affected by any technological change to
adjust to the effects of the technological change, and

ii. specify that Articles 1602, 1603 and 1604 do not apply during the term of
the collective agreement to the employer and the bargaining agent; or

 

d) the collective agreement was concluded before this section came into force; or

e) the employer and the bargaining agent agree by way of an agreement that is
ancillary or supplementary to the collective agreement that the employer may make
the technological change.

ARTICLE 17: JOB SECURITY, LAYOFF AND RECALL

1701 A layoff shall be defined as a reduction, in any multiple, of an employee’s hours of
work.

 

1702 The Clinic agrees wherever possible to discuss in advance all matters which
significantly affect the security of employment or working conditions of members in
the bargaining unit.

 

1703 If a reduction in the working force becomes necessary, employees will be laid off in
reverse order of seniority within their occupational classification subject only to the
more senior employees being qualified, competent and willing to perform required
work.

 

1704 Employees on layoff are to be recalled in order of seniority. Such recall shall be made
by registered mail and shall provide up to one (1) weeks’ notice to report back to work.
The employee is required to contact the Clinic within one (1) week of such notice,
confirming their intention to return to work as scheduled or to make other reasonable
alternative arrangements. An employee who declines to return to a position
comparable to that held prior to layoff, without reasonable cause, shall be considered
terminated.

 

1705 In the event of a deletion of an occupied position, as much notice as possible will be
given to the incumbent, who will be entitled to exercise her seniority rights to displace
an employee in a position of equal or lower classification. Any employee thus
displaced shall be entitled to a like exercise of seniority.

 

1706 Any employee affected by Article 1703 and/or 1705 shall be given written notice of
one week per complete year of service, with a minimum notice of one pay period,
maximum of three months. Except when, Executive Council of the Winnipeg Clinic
declares that extraordinary financial or other exigencies caused by loss of approved
facility status, a change in the manner in which the Clinic receives Radiology fees or
any negative change in the current approved schedule of Radiological Examinations.

ARTICLE 18: SENIORITY

1801 Subject to the provisions of clauses 1802, 1803, and 1804, seniority shall be defined
as the total accumulated regular hours paid from the last date that the full-time or parttime
employee was hired by the Clinic. It shall be used as one of the factors in cases
of promotion, vacancy selection, vacation selection, layoff and recall. Seniority
accumulated prior to February 15, 1995 shall be retained.

 

1802 Seniority of an employee will be retained and accrue during:

a) any period of paid leave of absence or income protection,

b) absence on Long Term Disability for up to one (1) year,

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

d) maternity, parental or adoption leave of absence.

 

1803 Seniority will be retained but will not continue to accrue during:

a) unpaid leave of absence of more than five (5) weeks,

b) absence on Long Term Disability of more than one (1) year but not more than
five (5) years,

c) layoff of eighteen weeks or less.

 

1804 Seniority will terminate if an employee:

a) resigns, retires or goes on permanent disability,

b) is discharged and not re-instated,

c) is laid off for more than eighteen (18) weeks.

d) accepts employment as a casual employee.

 

1805 Employer shall provide the Association with a list of employees within the bargaining
unit, showing their names, classification, date employment commenced, seniority,
income protection accumulation, vacation entitlement, anniversary date and main
contact information once annually to MAHCP on January 1 to info@mahcp.ca.

ARTICLE 19: NEGOTIATING COMMITTEE

1901 Two (2) representatives of the Association who are in the employ of the Clinic shall
receive full salary during such time that such representatives are involved in
negotiating a new collective agreement or in negotiating the revision of an existing
collective agreement with the Clinic or who are involved with official grievances and/or
arbitration proceedings and/or labour board hearings involving the Clinic, provided
always that such negotiations, grievances or hearings are conducted during those
times that such representatives would be on duty.

ARTICLE 20: ASSOCIATION SECURITY

2001 The Association agrees to provide the Clinic with a current list of officers and
authorized representatives and shall provide the Clinic with a revised list from time to
time as the occasion may require.

 

2002 An employee who is elected as an Officer of the Association may be granted
necessary leave of absence with pay to conduct Association business away from the
Clinic, provided such absence does not disrupt departmental needs. The Association
will reimburse the Clinic for direct salary and benefit costs incurred during such
absence.

 

2003 The Clinic agrees to deduct the current Association dues from the pay of each
employee in the bargaining unit.

 

2004 The Clinic will remit dues deducted to the Association on a monthly basis, along with
a list of employees from whom deductions have been made, including details of all
changes from the preceding monthly deduction listing.

 

2005 The Association shall notify the Employer in writing of any change in the amount of
dues to be deducted at least one (1) month prior to the effective date of change and
dues shall not be adjusted more frequently than twice in each calendar year.

 

2006 The Clinic agrees to provide a bulletin board for the posting of notices by the
Association, provided however, that no notice will be posted without the prior consent
of the Administrator or designate.

 

2007 The Clinic shall allow a representative of the Association access to an employee at
their workplace for the purposes of communicating matters relating to labour relations,
negotiations, grievances and labour board hearings. The Association will inform the
Administrator or his designate of the visit prior to the occurrence.

 

2008 The parties agree that:

a) There shall be no discrimination against any employee’s race, creed, colour, religion,
nationality, sex, marital status, age, physical defect, sexual preference, political
affiliation, activity and non-activity in Association affairs or business.

b) The Clinic and the Association agree that no form of sexual harassment shall be
condoned in the workplace and it is further agreed that both parties will work together
in recognizing and resolving such problems should they arise. Situations involving
sexual harassment shall be treated in strict confidence by both the Clinic and the
Association.

ARTICLE 21: GRIEVANCE PROCEDURE

2101 Should grievance arise between the Clinic and the employees or the Association
represented by the employees concerning the interpretation, application, meaning,
operation, or any alleged violation of the agreement, including the question of whether
a matter of grievance is arbitrable or not:

2102 Unless dismissed or suspended by the Clinic, the employee shall continue to work in
accordance with the agreement until such time that such grievance is settled by
means of negotiating between the representatives of the Clinic and the Association.

 

2103 General Grievance Regulations

a) The word “days” as used in the Article shall mean working days, other than Saturdays
and Sundays or a general holiday.

b) The discussion and decision made on each grievance shall be limited to the matters
referred to in the written grievance.

c) The employee or the Association, as the case may be, shall within five (5) days of
the occurrence of the incident bringing about the grievance report such incident in
writing to the Administrator or his designate.

d) If the grievance is not settled within five (5) days from the date that the grievance is
set out in writing and filed with the Administrator and a written reply received, then
within five (5) days thereafter, the grievance shall be referred to a Committee
consisting of the Association Representative and the president or other bargaining
representative authorized by the Association and two representatives of the Clinic.
The Clinic shall present the Clinic’s decision to the employee and to the Association
Representative in writing within five (5) days of the matter being referred to the
Committee.

e) If the grievance is not settled within five (5) days from the date that the same is filed
with the Committee referred to in 2203 e), then it may at any time within five (5) days
thereafter be referred by either party to a Board of Arbitration to be composed of one
nominee appointed by the Clinic and one by the Association, such appointments to
be made within ten (10) days of such reference. The two nominees so appointed
shall within ten (10) days of the nomination of the last of them, select a third member
who shall be Chairman. If one of the parties fails or neglects to appoint a nominee
within the time limits above set forth then the other party may apply to the Chief
Justice of the Court of Queen’s Bench of Manitoba to appoint such nominee.
A decision of the majority of such Board of Arbitration shall be final and binding on
both parties hereto.

f) Should the two appointed arbitrators fail to agree upon a Chairman within the time
limit herein provided, then the two arbitrators shall forthwith apply to the Chief Justice
of the Court of Queen’s Bench to select a Chairman.

g) Each party shall be responsible for its individual contract costs and the expenses of
the Chairman and the Arbitration Board shall be shared equally between the Clinic
and the Association.

h) In the case of a grievance involving an alleged unjust layoff, suspension, or
discharge, the decision of the Arbitration Board or the Chairman or decision of the
conferring parties may or may not result in an employee being reinstated with full
compensation for time lost on the basis of the regular hours of work or such other
arrangements as may be deemed just and equitable.

i) If the decision of the Arbitration Board is to reinstate any employee, the Arbitration
Board may deduct any wages earned through other employment since the layoff,
suspension or discharge in question, from the award, if any.

j) The Board of Arbitration shall not have the jurisdiction to rewrite the provisions of this
Agreement, nor to make any decision inconsistent therewith.

ARTICLE 22: DISCIPLINE AND DISCHARGE

2201 The employer shall not discipline or dismiss any employee bound by this agreement
except for just cause.

 

2202 An employee shall be shown any adverse written report concerning their performance
or conduct, and her comments or reply shall also be recorded in their file. The
employee shall be given copies of all such documents. If the employee regards the
report to be inaccurate, the employee may initiate a grievance requesting its correction
or removal from her file.

 

2203 An employee may elect to be accompanied or represented by the Association
representative at any stage of the Grievance/Arbitration procedure.

 

2204 Nothing contained in this Agreement shall preclude settlement of a dispute or
grievance in any manner whatsoever by mutual agreement between the Association
and the Clinic.

ARTICLE 23: JOB POSTINGS

2301 Employer shall provided all job postings within 7 days of posting. Within 30
days of the posting being awarded the employer shall forward a list of all
changes to employee statuses, listing all new hires including but not limited to
names, addresses, classification, rate of pay, terminations, resignations,
retirements and any and all other changes to bargaining unit compliment to
info@mahcp.ca.

 

2302 The Clinic agrees that all vacancies in new or existing classifications within the scope
of this Agreement will be posted on the Departmental or Association bulletin board for
not less than five (5) calendar days. The notice shall set out the classification, title (if
applicable), rates of pay, current and/or anticipated starting and quitting times.

 

2303 Employees shall be given preferential consideration for the filling of vacant positions
on the basis of seniority providing they have the necessary: qualifications; skill; and
ability.

 

2304 All promotions and transfers shall be subject to a three (3) month trial period during
which the employee shall have the right to return to her former position and rate of
pay if the promotion or transfer proves unsuccessful.

ARTICLE 24: WEEKEND PREMIUMS

2401 A weekend premium of forty-five cents ($.45) per hour shall be paid to an employee
for all hours actually worked on any shift where the majority of hours on that shift fall
between 0001 on the Saturday and 2400 hours on the following Sunday.

 

2402

a) Weekend premiums will not be payable while an employee is on stand-by or called
back to work.

b) Weekend premiums will not be included in the calculation of overtime rates.

ARTICLE 25: PERSONNEL FILE

2501 Employees shall have the opportunity to examine their file on request. Except in
extenuating circumstances, such request shall be made to the Clinic in writing one
day in advance, and limited to one request every six months. The Clinic will arrange
with the employee the time and place that the file will be made available. Only one
(1) such file shall be kept.

ARTICLE 26: EMPLOYEE/MANAGEMENT ADVISORY COMMITTEE

2601 The Clinic and the Association agree to cooperate in the formation and operation of a
joint Labour Management Committee. The Committee shall consist of up to three (3)
employee representatives and up to three (3) representatives of the Clinic. The Chair
will alternate between the Clinic and employee representatives for each meeting.

 

2602 The Committee shall meet at the written request of either party with five (5) days
advance notice being given or shall meet at least once every six (6) months. A
meeting agenda and minutes will be prepared and circulated by the presiding Chair.
Employees shall suffer no loss of basic pay for time spent in such meetings.

 

2603 The purpose of the Committee shall be:

a) To provide fuller understanding and confidence between employees and the
Clinic;

b) To discuss workplace issues affecting employees and the Clinic;

c) To make Association Staff Representatives aware of the benefit programs and to
discuss such programs.

 

2604 The Clinic agrees to implement a Workplace Safety and Health Committee in order to
maintain a safe working environment.

ARTICLE 27: JOB SHARING

2701 Job Sharing arrangements are subject to the approval of the Clinic and the
Association and shall be documented and signed by the job sharing employees, the
Clinic and the Association.

ARTICLE 28: NOTICE OF TERMINATION OF EMPLOYMENT

2801 Employment may be terminated voluntarily by an employee by giving one (1) pay
period of notice in writing exclusive of any vacation due.

2802 Employment may be terminated with less notice or without notice:

a) by mutual agreement between the employer and the employee by giving one
(1) pay period of notice in writing exclusive of any vacation due.

b) during the employee’s probationary period.

c) when an employee is discharged for just cause and not re-instated.

d) where the employer issues payment of basic salary equivalent to the period
of notice not given.

ARTICLE 29: DURATION OF AGREEMENT

2901 This Agreement and all of its provisions shall be effective from and retroactive to and
including the first (1st) day of April 2014 A.D.

 

2902 This Agreement shall be in full force and effect until the thirty first (31st) day of
March 2019 A.D., and thereafter until a new Agreement has been concluded.
Provided that either party may give written notice after the first (1st) day of January
2019 of their intention to negotiate a revised Agreement for the period commencing
on the first (1st) day of April 2019 and such negotiations shall commence within
thirty (30) days after notice has been given.

 

2903 This Agreement may be amended during its term by mutual agreement.

 

In Witness Whereof the Parties Have Hereunto Executed This Agreement the Day
Below Written

 

Signed this ____________ day of _______________, 2017
_______________________
_______________________
_______________________
_______________________
_______________________
For the Manitoba Association
of Health Care PRofessionals
_______________________
_______________________
_______________________
_______________________
_______________________for the Clinic

Schdules

Schedule A - WInnipeg Clinic

SCHEDULE "B"

An additional $100.00 per month will be paid to Technologists having an A.C.R. or B.Sc.
/R.T. provided this is a requirement for the function they are performing in the Radiology
Department.

This requirement is determined by a job description approved by the Radiology Director.

Memorandums

Memorandum of Understanding #1

Memorandum of Understanding #1

Between

Winnipeg Clinic

And

The Manitoba Association of Health Care Professionals

Re: Job Share

 

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

 

2. In the event that one (1) of the employees sharing a full-time position resigns, or goes
on an extended leave of absence, and provided the Management decision is to allow this
position to remain a twinning 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 parttime.
The remaining employee wishes to continue working her half of the rotation and she
will be allowed to do so if another employee is willing to work the other half of this rotation.
If you wish to apply for the other half of this rotation, please apply in the normal manner
stating same.”

 

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

 

4. If the Management decision is to no longer allow this position to remain as a twinning
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
her if she wishes to change from part-time to full-time.

 

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

 

6. The remaining employee will then be offered any part-time position that is currently
vacant and if none is available, she shall be dealt with in accordance with Article 17.

 

 

Signed This___________ Day of _________, 2017

_____________________________ ______________________________

_____________________________ ______________________________

_____________________________ ______________________________
On Behalf Of the Association                           On Behalf Of the Clinic

Memorandum of Understanding #2

Memorandum of Understanding #2

Between

Winnipeg Clinic

And

The Manitoba Association of Health Care Professionals

Special Agreement with Employees Sharing a Position

 

We, _________________________________and ________________________________agree to share “twin” a full-time position commencing _____________________________________.

 

We understand that if either one of us resigns from this position, or goes on an extended
leave of absence, the other has the option of applying for the full-time position. We
understand that if the remaining employee does not wish to apply for the full-time position,
the terms of the Collective Agreement and the Memorandum of Understanding will apply.
We agree to work all necessary shifts during the vacation of the other half of the shared
position.

 

I, ________________________ wish/do not wish to be offered additional hours when
available.

I, ________________________ wish/do not wish to be offered additional hours when
available.

 

Date  ____________

 

Employee’s Signature
__________________________________

 

Employee’s Signature
__________________________________

Memorandum of Understanding #3

Memorandum of Understanding #3

Between

Winnipeg Clinic

And

The Manitoba Association of Health Care Professionals

Regarding Application Of Article 602

 

Employees Working Less Than 37 1/2 Hours Per Week Shall Be Offered Any Additional
Hours By Seniority, As And When These Are Available, Up To A Maximum Of 37 1/2 Hours
Per Week, Before Any Of These Additional Hours Can Be Offered To Casual Employees,
Or New Employees.

 

Signed This___________ Day of _________, 2017

_____________________________ ______________________________

_____________________________ ______________________________

_____________________________ ______________________________
On Behalf Of the Association                          On Behalf Of the Clinic

Memorandum of Understanding #4

Memorandum of Understanding #4

Between

Winnipeg Clinic

And

The Manitoba Association of Health Care Professionals

Re: PHLAC

Whereas the Association is concerned about the loss of jobs due to the potential closure of
the Employer’s X-Ray Department;

And whereas the Province of Manitoba continues to explore Health Care Reform;

And whereas the Employer wishes to keep the union advised as to future developments
regarding potential closure of the Laboratory;

1. The Employer agrees to notify the Association and the employees once they are
advised of any plan on the part of the Manitoba Health or Manitoba Health Services
Commission (or its successor) to close the Employer’s Laboratory.

2. The Employer further agrees to discuss and explore the feasibility of applying for
membership in the Provincial Health Care Labour Adjustment Committee.

Signed this ______ day of __________, 2017

____________________________ ____________________________

____________________________ ____________________________

____________________________ ____________________________

____________________________ ____________________________

For the Association                                         for the Clinic