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WRHA Pharmacy Program

COLLECTIVE AGREEMENT

-Between-

MANITOBA ASSOCIATION OF HEALTH CARE PROFESSIONALS

-and-

THE WINNIPEG REGIONAL HEALTH AUTHORITY REGIONAL PHARMACY PROGRAM

Concordia Hospital
Deer Lodge Centre
Health Sciences Centre
Seven Oaks General Hospital
Victoria General Hospital
Riverview Health Centre

For the Period April 1, 2014 to March 31, 2018

PDF VERSION

Introduction

Introduction

THIS COLLECTIVE AGREEMENT

BETWEEN

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

-and-

THE WINNIPEG REGIONAL HEALTH AUTHORITY REGIONAL PHARMACY PROGRAM
(Herein called the “Employer”)

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 to ensure the continued availability of quality
health care services; 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, in consideration of the premises and covenants herein contained, the Association and the Employer agree with each other AS FOLLOWS:

Articles

ARTICLE 1: SCOPE AND APPLICATION OF AGREEMENT

101 The Employer recognizes the Association as the sole
bargaining agent for employees in the bargaining units
defined in the Manitoba Labour Board Certificate
MLB # 6677 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 Manitoba Labour Relations Act, 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.

 

103 If the Manitoba Labour Board rules that such person is
an employee within the terms of the Manitoba Labour
Relations Act, and appropriate for inclusion in this
Agreement, then the Employer and the Association
agree to meet forthwith to negotiate the classification
and salary schedule for that employee, for inclusion in
this Agreement. If the Employer and the Association
are unable to reach an agreement on the classification
and/or salary schedule, then either or both of them
may refer the matter for Arbitration as provided for in
the Grievance Procedure.

 

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

 

105 Deer Lodge Centre only:
Nothing in this Agreement shall be construed as an
abridgement or restriction of any employee’s
constitutional rights or of any right conferred in an Act
of the Legislative Assembly of the Province of
Manitoba or an Act of the Parliament of Canada.

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 APPROVED TRAINING means training as approved
by the authorized parent society.

 

202 BASIC PAY, RATE or SALARY means the amount
indicated in SCHEDULES “A” and “B” plus shift
premiums for employees on permanent evenings
and/or nights.

 

203

a) Probationary Employee – means an employee who
has not completed six (6) months or five hundred
and twenty (520) hours (whichever comes first) of
continuous full-time or part-time employment. Until
such time as an employee has completed her
probation period, she may be subject to discharge
for just cause without recourse to the grievance
procedure. In the event that an employee is to be
discharged during the probation period, written
notice shall be served to the employee and the
Association.

The probation period for any given employee may
be extended after consultation with the
Association.

b) Time frames of continuous employment mentioned
in subsection a) above will be extended for any
period of unpaid leave, sick leave, or Worker’s
Compensation in excess of two (2) calendar
weeks

 

204 For identification purposes, 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.

c) Night shift means a shift in which the major portion
occurs between 2400 hours and 0800 hours.

 

205 Weekend means the period of approximately fortyeight
(48) hours which commences at or about 0001
hours on Saturday and ends at or about 2400 hours on
Sunday.

 

206 Transfer means a change by an employee from one
position to another position with the same salary range.

 

207 Bi-weekly period means two (2) consecutive weeks
constituting the regular pay period.

 

208 Definition of Continuous Service/Length of Employment
“Length of Employment” shall mean the period of time
since an employee last became a full-time, part-time
or temporary employee for purposes of calculating all
entitlements pursuant to this Agreement including, but
not limited to, vacation, bonus vacation and preretirement
leave and “Length of Service” shall have a
similar meaning. Conversion from full-time, part-time
or temporary status to casual status shall be
considered a break in service and no period of casual
employment or prior full-time, part-time or temporary
employment shall be included in an employee’s
length of employment or length of service even when
a casual employee subsequently becomes a full-time,
part-time or temporary employee.”

 

209 Demotion means a change of employment from one
classification to another classification with a lower
maximum rate of pay within the bargaining unit.

 

210 Promotion means a change of employment from one
classification to another classification with a higher
maximum rate of pay within the bargaining unit.

ARTICLE 3: EMPLOYMENT STATUS

301 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.

 

302 An employee means a person employed by the
Employer in a position which is included in the
bargaining unit.

 

303 Full-time Employee – means an employee who is
scheduled on a regular ongoing basis to work the
regular hours described in Article 11 (Hours of Work).
A full-time employee is covered by all provisions of this
Agreement, unless otherwise specified.

 

304 Part-time Employee – means an employee who
regularly works less than the hours of work as set out
in Article 12 (Hours of Work), on a scheduled and
recurring basis.

 

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

a) replace a full-time or part-time employee; or

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

 

306 Temporary Employee – means an employee engaged
hired into a term position for a fixed period of time or
until completion of a particular project or special
assignment.

ARTICLE 4: TEMPORARY EMPLOYEE

401

a) A temporary employee shall not be hired for a
period greater than fifty-four (54) weeks unless
mutually agreed by the Association and the
Employer. (This provision shall not apply in
situations where an employee is absent indefinitely
due to illness, injury or WCB claim.) In these
cases, the maximum duration of such leave and the
maximum duration of the term of employment to
replace that employee shall be twenty-four (24)
months. Such employee is covered by the terms of
this Agreement.

For situations related to WCB and / or illness and /
or accident and / or Maternity / Parental Leave,
Compassionate Care 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 his position, subject to a
minimum of forty-eight (48) hours’ notice. Any term
positions directly resulting from the above
procedure will be posted in the same manner.

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

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

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

e) A temporary 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 discipline or specialized area of practice.

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

g) A term employee who is awarded a position and
who commences employment within six (6) weeks
of termination of their previous position will be
entitled to transfer of benefits from their previous
position to their new position as specified below:

i) accumulated income protection benefits;
ii) length of employment applicable to rate at
which vacation is earned;
iii) length of employment applicable to preretirement
leave;
iv) length of employment applicable for
qualification for the Magic 80 pension
provisions;
v) length of employment applicable to next
increment date;
vi) continuation of all Benefit Plans subject to
reapplication in accordance with HEB plan
rules;
vii) seniority credits.

 

h) A temporary employee shall not be terminated and
re-hired for the purpose of extending the period of
temporary employment in the same position without
prior approval of the Association. Where a
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
temporary position.

ARTICLE 5: CASUAL EMPLOYEE

501 Casual Employee means an employee as defined
under Article 305.

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

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

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

c) Casual employees shall be entitled to shift premium
as outlined in Article 17 (Shift Premium and
Weekend Premium).

d) Casual employees required to work on a
recognized holiday, including Remembrance Day,
shall be paid at the rate of time and one half (1 ½ X)
their basic rate of pay.

e) Casual employees shall be entitled to compensation
for overtime worked in accordance with Article 13
(Overtime).

f) Casual employees are not guaranteed any specific
number of hours of work. The provisions of the
hours of work article respecting meal periods and
rest periods shall apply to casual employees.

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

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

i) Casual employees placed on Standby shall be
entitled to compensation in accordance with Article
14 (Standby and Callbacks).

j) Articles 26 and 27, (Grievance Procedure and
Arbitration Procedure) contained in the Collective
Agreement apply to casual employees only in
respect to matters of this Article.

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

l) Effective July 17, 2000 except where a different
date is listed below, 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.

Effective Dates: The Winnipeg Regional Health
Authority – Deer Lodge Centre Site – August 21,
2003.

m) Casual employees shall receive increments on the
basis of one (1) increment upon completion of the
full-time equivalent hours, in accordance with Article
1201. Such increment shall be applied on the first
day of the first pay period following completion of
the full-time equivalent hours.

ARTICLE 6: PART-TIME EMPLOYEES

601 Part-time employee means an employee as defined
under Article 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 vacations, income protection credits and
pre-retirement leave.

 

602 Part-time employees will be paid four point six two
(4.62) percent of their basic pay in lieu of time off on
general holidays or alternative time off. Such holiday
pay shall be included on each regular pay cheque, and
is in addition to payment for time worked on a general
holiday.

 

603

a) Unless otherwise mutually agreed between the
employee and the Employer, part-time employees
shall receive their entitled vacation over a period of
time equivalent to the vacation period of a full-time
employee, who is earning vacation at that same
rate.

Vacation time is to be utilized or scheduled on
day(s) that the part-time employee would
otherwise be scheduled to be at work as part of
her/his established EFT.
Part-time employees are not entitled to unpaid
vacation days.

b) Part-time employees shall earn vacation pay on a
pro-rata basis in accordance with this formula:

Hours Paid at Regular Rate of Pay Full-time hours X Entitlement of a Full-time Employee

 

Actual vacation accrual rate will be based on years
of service. Accumulated hours, based on their
normal EFT, shall govern the amount of paid
vacation time for the current vacation year.
Part-time employees, who work additional
available shifts or hours, shall accrue vacation pay
on the additional available shifts or hours worked.
Such additional vacation pay shall at the option of
the employee, be as follows;

a) as vacation if that was the Employer’s past
practice/policy as at December 31, 2010;

b) as additional vacation pay on any day not
scheduled to work;

c) on an annual basis on a payday just prior to or
subsequent to the end of the vacation year,
dependent on Employer policies.

 

604

a) Applicable to all sites except as noted:
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 at their sites over casual
employees, provided such written notice is provided
prior to the shift being awarded to a casual
employee. However, such shifts shall not be
construed as a change of shift or a callback
provided that the part-time employee has worked
less than the hours of work outlined in Article 12.
Part time employees who are offered and decline
extra available shifts, are not entitled to make any
claim for that shift over other part time or casual
employees to whom the shift was subsequently
awarded to.

b) Concordia Hospital:
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 for such shifts over casual employees.
Such additional shifts shall be offered on a seniority
basis. It is further understood that such additional
shifts shall be offered only to the extent that they will
not incur any overtime costs to the Employer.

 

605

a) A part-time employee reporting for work as scheduled
who is sent home because of lack of work shall
receive pay for the scheduled hours not worked.

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

 

606 Seven Oaks General Hospital only:
A part-time employee 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 1343 hours worked or one (1)
year’s service, whichever occurs later. In the case of
the increment being given on the basis of 1343 hours
worked, it shall be applied to the pay period next
following completion of 1343 hours worked.
An employee whose employment status changes from
part-time to full-time shall be entitled to receive an
increment on the latter 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 1343 hours calculated under the
formula:

B = 2015 – (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 worked as fulltime
to earn an increment.

 

607 Victoria General Hospital only:
A part-time employee will normally be granted an
increment within the salary range of her classification
as follows:

a) Annually on her anniversary date if she worked at
least 1008 regular hours since her previous
anniversary date; or

b) Otherwise every second year on her anniversary
date.

ARTICLE 7: OCCUPATIONAL CLASSIFICATIONS

701 The brief descriptions, listed in Appendix “A” are
intended to illustrate the general terms under which
positions are classified in this Agreement. In each
instance, a classification is based on procedures,
duties and responsibilities specified in the job
description in effect at the time this Agreement was
negotiated. The Employer reserves the right to assign
duties and responsibilities and to alter job descriptions,
but is required to negotiate the value of any material
change in job content during the term of this
Agreement.

702

a) 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
forty-five (45) calendar days after the notification
above or such classification and wage rate shall be
considered approved and shall form part of the
Agreement.

b) Where the Association objects to the wage rate for
a new or altered classification established by the
Employer, as referenced in a) above, the parties
shall commence negotiations and attempt to reach
agreement as to an appropriate salary range
within 30 days. Failing such agreement, the matter
shall be referred to arbitration in accordance with
Article 27 – Arbitration.

c) Any dispute as to whether a classification falls
within the bargaining unit shall be referred to the
Manitoba Labour Board for determination.

d) Where an employee believes that there has been a
material or substantial change in her job content
since she was last classified, she shall be entitled to
request a review of her classification.

e) The Employer will examine the duties of the
employee, compare them with job description and
give a decision as to the validity of the request.

f) If the decision in (e) is not satisfactory to the
employee, she may treat this request for change in
classification as a grievance as defined in Article 26.

g) A revision to an existing job description to reflect
more accurately the job content of any classification
shall not necessarily constitute evidence of a
(substantial – CH, SOGH, VGH) change in job
content.

 

703 The Employer agrees to provide the Association with
a current copy of job descriptions for all classifications
which fall within the scope of this Agreement within
sixty (60) days of signing.

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

Any revision to a job description shall be discussed
with the affected employees prior to implementation.

ARTICLE 8: MANAGEMENT RIGHTS

801 Except as expressly provided in this Agreement, the
Employer has the authority and responsibility to
manage, operate and generally regulate its facility,
affairs and functions.

 

802 The Employer agrees to exercise its management
rights and to administer the terms of this Agreement in
a consistent, equitable and non-discriminatory
manner.

ARTICLE 9: SALARIES

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

 

902 In implementing this Agreement, each employee shall
be placed not lower than the same increment level and
in the same classification to which she was entitled
under the previous Agreement.

 

903

a) Applicable to all site except as noted:
An employee’s anniversary date for incremental
purposes shall be the date on which she last
commenced employment with the Employer, except
as per Article 904.

b) Concordia Hospital only:
An employee’s anniversary date for incremental
purposes shall be the date on which she last
commenced employment with the Employer.
Increments shall be paid effective from the actual
anniversary date.

c) Seven Oaks General Hospital:

An employee’s anniversary date for incremental
purposes shall be the anniversary of the date on
which she last commenced employment with the
Employer.

d) Victoria General Hospital:
An employee’s anniversary date for incremental
purposes shall be the date on which she last
commenced employment with the Employer.
Increments will be paid effective from the
employee’s anniversary date unless otherwise
provided for in this Agreement.

 

904

a) Applicable to all sites except as noted:
Increments will not be delayed due to a paid leave
of absence, or an unpaid leave of absence of four
(4) weeks or less or an employee participating in a
return to work program. An employee’s anniversary
date for increment purposes shall be delayed by
one (1) day for each day of unpaid leave of absence
in excess of four (4) weeks.

b) Concordia Hospital:
Increments will not be delayed due to a paid leave
of absence, or an unpaid leave of absence of four
(4) weeks or less.

c) Victoria General Hospital:
When an employee takes an unpaid leave of
absence, the annual date on which she will be paid
and increment will be delayed for that period of time
that the unpaid leave of absence exceeds a total of
four (4) weeks. Increments will not be delayed due
to an educational leave of absence up to one (1)
year.

 

905 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

 

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

 

907 Equivalent gross annual rates shall be calculated as
follows:
Annual rates = gross hourly rates x annual hours as
per Schedule A

 

908 An employee shall be entitled to payment of all wages,
vacation pay and other benefits on the next payroll
processing date after termination or death.

 

909 Where applicable, employees who are eligible for
registration shall be paid at the start rate shown in
Schedule “A” until the anniversary date immediately
following registration.

ARTICLE 10: SENIORITY

1001 Seniority shall be defined as the total accumulated
regular hours paid from the last date the employee
entered the bargaining unit. Seniority accumulated
prior to the date of signing of this Agreement shall be
retained.

 

1002 Seniority of an employee will continue to accrue during:

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

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

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

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

e) educational leave of two (2) years or less;

f) she is on any period of Maternal and/or Parenting
Leave;

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

h) any period of unpaid leave of absence due to injury
or illness which may be compensable by D & R for
a period of up to two (2) years from the date of the
first absence from work related to the injury or
illness.

 

1003 Seniority will be retained but will not continue to accrue
during:

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

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

c) educational leave in excess of two (2) years;

d) layoff more than twenty-six (26) weeks and not
more than five (5) years.

 

1004 Seniority will terminate if an employee:

a) resigns or retires

b) is discharged and is not re-instated.

c) is laid off for more than five (5) years.

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

ARTICLE 11: VACANCIES, TERM POSITIONS, AND NEW POSITIONS

1101 Promotion means a change of employment from one
classification to another classification with a higher
maximum rate of pay within the bargaining unit.

 

1102

a) Upon promotion, an employee shall receive a salary
within the salary range applicable to her new
classification, which provides an increase of at least
5% above her former salary.

b) An employee’s anniversary date for the purpose of
annual increment shall not be changed as a result
of a promotion.

 

1103 All vacancies which fall within the scope of this
Agreement shall be posted for at least seven (7)
calendar days. Such postings shall state the
classification, job title, required qualifications, site(s)/
work location(s), current or anticipated shift and hours
of work, and wage rate. A copy of the posting shall be
sent to the Association office within the posting period.
Job descriptions shall be available to applicants upon
request.

 

1104 Seniority shall be considered as a factor in vacancy
selection (including promotion and transfer) and if all
other selection criteria are relatively equal, it shall be
considered as the governing factor. Selection criteria
shall be available to applicants on request.

 

1105 In a selection process where there are external
applicants and the selection criteria are relatively equal
amongst applicants, preference shall be given to
employees presently in the employ of the Employer
who have submitted a written application for the
vacant, term or new position.

 

1106 An employee who applies for a posted vacancy and
who is unsuccessful shall be, upon written request,
given the reasons in writing as soon as reasonably
possible.

 

1107 All promotions and 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.

 

1108 During the trial period, if the employee proves to be
unsatisfactory in the new position, or if she wishes to
revert voluntarily, she shall be returned to her 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 her
former position shall be returned to her former
occupational classification, employment status and
step on scale including any increments or general
increases that occurred during that period.

 

1109 A full-time or part-time employee, not applicable to a
temporary employee, who accepts a term position, will
be returned to her former position at the completion of
the term position if reasonably possible. An employee
not returned to her former position shall be returned to
her former occupational classification and employment
status and step on scale including any increments or
general increases that occurred during that period.

 

1110 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.

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.

Where necessary, relevant provisions of the Collective
Agreement may, by mutual agreement between the
Association and the Employer be waived.

An employee who through advancing years or
disablement, is unable to perform her regular duties,
shall be given preference for transfer to any suitable
vacant position within the bargaining unit which
requires the performance of lighter work of which she
is capable. She will be paid at the same increment
level in the new position as she was paid in her
previous position.

ARTICLE 12: HOURS OF WORK AND SHIFT SCHEDULES

1201 Regular full-time hours of work will be (See Schedule

A):
a) 2015 annual hours
seven and three-quarter (7 ¾) consecutive hours
per day, an average of seventy-seven and onehalf
(77 ½) hours per bi-weekly period. OR

b) 1950 annual hours
seven and one half (7 ½) consecutive hours per
day, an average of seventy-five (75) hours per biweekly
period. OR

c) 1885 annual hours
seven and one-quarter (7 ¼) consecutive hours
per day; an average of seventy-two and one-half
(72 ½) hours per bi-weekly period. OR

d) 2080 annual hours
eight (8) consecutive hours per day; an average of
eighty (80) hours per bi-weekly period.
as is applicable to the classification.

 

1202 Regular hours of work shall be deemed to:

a) Include a rest period of fifteen (15) minutes to be
scheduled by the Employer during each
continuous three hour period of duty.

b) Exclude a meal period of at least thirty (30)
minutes to be scheduled by the Employer during
each working day.

c) Meal periods and rest periods shall not be
combined unless mutually agreed between the
Employer and the employee on an incidental
basis.

 

1203 Shift schedules governing a period of two (2) weeks or
more shall be posted not less than one month before
the first day of the schedule.

 

1204 Employees desiring to exchange shifts shall jointly
apply to do so, in writing, as far in advance as possible.

 

1205 Any exchange in shifts requested by employees and
approved by the Employer shall not result in overtime
costs to the Employer.

 

1206

a) Health Sciences Centre, Concordia Hospital and
Deer Lodge Centre:

Except by mutual agreement between the Employer
and a majority of the affected employees, shift
schedules shall provide for:

i) not less than fifteen (15) hours off between
shifts;

ii) not less than eight (8) days off in any two
consecutive pay periods;

iii) not more than eight (8) consecutive working
days, and whenever possible, seven (7) or
less or to accommodate scheduling requests
over a general holiday long weekend.

 

b) Seven Oaks General Hospital:
Except by mutual agreement between a majority of
the affected employees and the Employer, shift
schedules shall provide for:

i) not less than fifteen (15) hours off between
shifts;

ii) not less than eight (8) days off in any two
consecutive pay periods;

iii) not more than seven (7) consecutive working
days except that eight (8) consecutive days
may be required to comply with another
provision of this Article or to accommodate
scheduling requests over a general holiday
long weekend.

 

c) Victoria General Hospital:
Except by mutual agreement between the Employer
and a majority of employees affected, shift
schedules shall provide for:

i) not less than fifteen (15) consecutive hours off
at any time;

ii) not less than eight (8) days off in any two
consecutive biweekly pay periods;

iii) not more than seven (7) consecutive working
days except that eight (8) consecutive days
may be required to comply with another
provision of this Article or to accommodate
scheduling requests over a general holiday
long weekend.

 

1207

a) Health Sciences Centre:
Employees shall be given as many weekends off as
is reasonably possible. The Employer shall
endeavour to schedule employees to work not more
than one weekend in every four.

 

Pharmacy Technicians:

The Employer shall schedule employees to work
not more than one weekend in every two.

 

b) Concordia Hospital and Seven Oaks General
Hospital:

Except by mutual agreement between a majority of
affected employees and the Employer, shift
schedules shall provide for as many weekends off
as is reasonably possible. The Employer shall
endeavour to schedule full-time employees to work
not more than fifty (50%) percent of weekends.

 

c) Deer Lodge Centre:

Employees shall be given as many weekends off as
is reasonably possible. The Employer shall
endeavour to schedule employees to work not more
than one weekend in every four.

 

d) Victoria General Hospital:

The Employer shall endeavour to schedule
employees to work not more than one (1) in four (4)
weekends.

 

1208 Whenever reasonably possible, days off shall be
granted consecutively.

 

1209 Unless given seven (7) days prior notice, a full-time
employee who works on a day which she was not
scheduled to work shall be paid the greater of double
time or overtime rates. This Article will not apply to
employees on Standby.

 

1210 Unless given seven (7) days prior notice, an employee
whose shift is changed shall be paid at overtime rates
for the first shift worked which varies from the posted
schedule.

 

1211 If the Employer considers implementing a significant
change to the normal work day, start and finish times,
normal shift of work, normal work week, or normal
rotation of shifts 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 days (7) notice for an opportunity
to attend this meeting and to express the Association’s
opinion in regard to any proposal 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 sixty (60) days notice. Notice time may
be adjusted by mutual agreement between the
Association and the Employer.

 

1212 Employees who are required to rotate shifts shall be
assigned to work either day shift and evening shift or
day shift and night shift.

There shall be at least as great a number of day shifts
assigned as there are evening or night shifts unless
otherwise mutually agreed. This provision does not
apply to employees who have agreed to work
permanently on evening shift or night shift or who have
accepted a position that has been posted as having a
non-conforming shift pattern.

 

1213 Upon request, an employee who is required to
commence or terminate her shift between 0001 hours
and 0600 hours, and who does not have her own
transportation, will have transportation provided by the
Employer.

 

1214 Self-Scheduling and/or Flex-Time Provisions
This Article shall not preclude the implementation of
self-scheduling and/or flex-time by mutual agreement
between the Association and the Employer. Any such
agreement shall take the form of an addendum
attached to and forming part of this agreement.

 

1215 An employee who is required to remain on duty or
return to work during her meal period shall be paid at
overtime rates for that entire meal period.

 

1216 Whenever an employee is called in to work within one
(1) hour of the start of the shift and reports for duty
within one (1) hour of the start of shift, she shall be
entitled to pay for the full shift. In such circumstances
the scheduled shift hours shall not be extended to
equal a full shift.

ARTICLE 13: OVERTIME

1301 Overtime shall mean any authorized time worked in
excess of regular hours established under Article 12.

 

1302 The Employer shall designate the manner in which
overtime is to be authorized.

 

1303 An employee shall not be required to alter her
scheduled hours of work to offset any overtime worked.

 

1304 There will be no payment for occasional overtime of
less than fifteen (15) minutes in one day.

 

1305

a) Applicable to all sites except as noted:
Overtime rates shall be:

i) one and one-half times (1 ½X) for the first
three (3) hours of authorized overtime in any
one day

ii) two times (2X) the basic rate of pay for
authorized overtime in excess of three (3)
hours in any one day

iii) two times (2X) the basic rate of pay during the
second of two consecutive shifts;

iv) two and one-half times (2 ½X) the basic rate
on a general holiday;

v) for time worked on a day not scheduled to
work – see Article 1209.

 

b) Victoria General Hospital:
Authorized overtime for employees shall be
compensated as follows:

i) One and one half (1½ X) times the employees
basic rate during the employees first two (2)
hours of overtime on a scheduled work day
and two (2) times the employees basic rate for
any additional hours on that same day.

ii) Two (2) times the employee’s basic rate on a
full time employees scheduled day off.

iii) Two (2) times the employees basic on the
second of two consecutive shifts; or

iv) Two and one half (2½ X) times the employees
basic rate on a general holiday.

 

c) Seven Oaks General Hospital:
Overtime rates shall be:

i) one and one-half times (1 ½ X) the basic rate
except as follows:

ii) two times (2X) the basic rate of pay for time in
excess of three (3) hours in any one day;

iii) two times (2X) the basic rate for the second of
two consecutive shifts;

iv) two and one-half times (2 ½ X) the basic rate
on a general holiday;

v) for time worked on a day not scheduled to
work – see Article 1209.

 

1306 Article 1305 c) will be interpreted on the following
basis:

a) Two consecutive shifts shall be deemed to occur
when staff work to the regular stop time of the
second shift and where:

i) The two shifts overlap (stop time and start
time) by seventy-five (75) minutes or less;

ii) The two shifts are continuous (no overlap or
gap); or,

iii) The two shifts have a gap (between end time
and start time) of forty-five (45) minutes or
less.

 

b) For periods of overlap, staff shall not get the
period of overlap paid twice. The rate of payment
for the period of overlap shall be calculated based
on time worked as part of the regularly scheduled
shift. For clarification Article 1216 does not have
application related to this Agreement.

 

c) The parties have agreed that the ability to work the
entirety of the additional shift as well as the rate of
pay/overtime attributable to the additional shift are
relevant factors for consideration by management
when distributing additional available shifts.

 

1306 If mutually agreed upon, an employee may be granted
paid time off equivalent to and in lieu of the overtime
payment to which she would otherwise be entitled.

 

1307

a) Applicable to all sites except as noted:
An employee performing overtime for a period in
excess of two (2) hours shall be granted five dollars
($5.00) for a meal and a further five dollars ($5.00)
for each subsequent four (4) hour overtime period.

b) Concordia Hospital:
Where an employee would otherwise miss a meal
by virtue of being required to work for more than
two (2) hours of overtime, said overtime period
commencing not more than one (1) hour following
his/her regular shift or ending not more than one (1)
hour preceding his/her regular shift, he/she shall be
provided with a meal allowance of five dollars
($5.00).

 

1308 For purposes of determining overtime entitlement, all
paid leave shall be considered as hours worked.

 

1309 No employee shall be required to work overtime
against his wishes when other employees who are
capable and qualified to perform the duties are willing
and available to perform the required work.

 

1310 In every period of overtime, a paid rest period of twenty
(20) minutes shall occur during each continuous three
(3) hours, unless the overtime worked is a full shift in
which regular meal/rest periods shall occur.

 

1311 Telephone Consultation(s):
When an employee is consulted by telephone outside
of her regular working hours and is authorized to
handle bona fide work related matters without returning
to the work place, the following shall apply:

a) a employee who has not completed her regular
daily or biweekly hours of work shall be paid at her
basic rate of pay for the total accumulated time
spent on telephone consultation(s). If the total
accumulated time spent on telephone
consultation(s) is less than fifteen (15) minutes, the
employee shall be compensated at her basic rate of
pay for a minimum of fifteen (15) minutes.
Accumulated time spent on telephone
consultation(s) extending beyond fifteen (15)
minutes shall be compensated at the next higher
fifteen (15) minute interval.

b) An employee who has completed her regular daily
or bi-weekly hours of work shall be paid at the
applicable overtime rate for the total accumulated
time spent on telephone consultation(s). If the total
accumulated time spent on telephone consultation(
s) is less than fifteen (15) minutes, the
employee shall be compensated at the applicable
overtime rate for a minimum of fifteen (15) minutes.
Accumulated time spent on telephone consultations
extending beyond fifteen (15) minutes shall be
compensated at the higher fifteen (15) minute
interval.

c) For purposes of calculation as per a) and b) above,
accumulated time spent on telephone consultations
shall be calculated from 0001 to 2400 hours daily.

d) Employees consulted by telephone outside of their
regular working hours shall document all calls
received and shall submit a log of all such calls to
their supervisor for processing.

 

1312 Overtime worked as a result of the changeover from
Daylight Saving Time to Central Standard Time shall
be deemed to be authorized overtime.

ARTICLE 14: STANDBY AND CALLBACKS

1401 Standby is that time duly authorized by the Employer
during which an employee is required to be available to
return to work without undue delay.

 

1402 An employee designated by the Employer to be on
standby shall be paid an allowance of two (2) hours
basic pay for each eight (8) hour period, or a pro rata
payment for any portion thereof.

 

1403 An employee returning to work on a callback outside of
her scheduled working hours shall be paid at overtime
rates for not less than three (3) hours for each such
callback.

 

1404 An employee other than an employee who is required
by the Employer to use a personal motor vehicle as a
condition of employment, who is required to return to
work on a callback or otherwise travel locally on behalf
of the Employer shall be reimbursed for return taxi fare,
or reimbursed in accordance with the Province of
Manitoba mileage rates for use of a personal motor
vehicle, subject to a minimum mileage payment of
$4.00 return.

 

1405

a) Applicable to all sites except as noted:

i) A callback is defined as a callback to return to
the Centre received by an employee during the
period between completion of regularly
scheduled hours of work and subsequent
starting time. A callback shall be calculated from
the time the employee arrives at the Centre until
she leaves the department.

ii) When an employee returning on a callback who
is en route and the callback is cancelled, that
employee shall be paid for not less than one
hour at straight time rates.

 

b) Concordia Hospital:

i) A callback is defined as a callback to return to
the Hospital received by an employee during the
period between completion of regularly
scheduled hours of work and subsequent
starting time. A callback shall be calculated
from the time the employee arrives at the
Hospital until all callback work has been
completed as confirmed with the supervisor in
charge. A callback is a call to return to the
Hospital and not relating to a particular patient.

ii) When an employee returning on a callback who
is en route and the callback is cancelled, that
employee shall be paid for not less than one
hour at straight time rates.

 

c) Seven Oaks General Hospital:

i) A callback is defined as a callback to return to
the Hospital received by an employee during the
period between completion of regularly
scheduled hours of work and subsequent
starting time. A callback shall be calculated
from the time the employee arrives at the
Hospital until she leaves the Department.

ii) When an employee returning on a callback who
is en route and the callback is cancelled, that
employee shall be paid for not less than one
hour at straight time rates.

 

d) Victoria General Hospital:

i) A callback shall be calculated from the time the
employee arrives at the Hospital until all
callback work has been completed as confirmed
with the supervisor in charge.

ii) When an employee returning on a callback who
is en route and the callback is cancelled, that
employee shall be paid for not less than one
hour at straight time rates.

 

1406 The Employer shall provide suitable parking facilities
for employees who are required to return to the work
site on a callback.

 

1407 Seven Oaks General Hospital only:
An employee called in to work more than once during
the twelve (12) hours, or who works more than four (4)
of the eight (8) hours immediately preceding her next
scheduled shift shall at the employee’s option receive a
minimum eight (8) hour rest period.

 

1408 Escort Duty

a)

(i) An employee called in to escort a patient
when she/he is not on standby or provided
she/he does not qualify for pay at overtime
rates in accordance with Article 13, shall be
paid for all time involved with the patient
assignment including travel time required to
return to the facility, subject to a minimum
guarantee of three (3) hours pay at regular
rates of pay. All hours worked in excess of
seven and three-quarter (7.75) hours shall be
paid in accordance with Article 13.

(ii) When an employee is required to escort a
patient while on a scheduled shift, overtime
rates of pay will apply in accordance with
Article 13 for all hours worked in excess of
the scheduled shift length (i.e. 7.75 hours,
11.625 hours).

(iii) A full-time or part-time employee scheduled
or called in for escort duty when she/he is not
on standby whose escort duty is cancelled,
shall be paid or assigned work for a period of
three (3) hours.

A casual employee whose Escort Duty is
cancelled prior to her/his arrival at the facility
shall not be entitled to the payment or work
noted above. If her/his Escort Duty is
cancelled after she/he has reported for duty,
she/he shall be paid or assigned work for a
period of three (3) hours.

It is understood that the full-time, part-time or
casual employee shall have the right to
refuse the assigned work and as such she/he
shall not be entitled to the minimum payment
noted above.

 

(iv) When an employee on escort duty is no
longer involved with the patient assignment,
time and return travel time will be paid as
follows:

  • For each subsequent 24 hour period that
    the employee is awaiting return travel
    she/he shall be paid wages for one regular
    shift (or overtime in accordance with Article
    13)
  • For each portion of a 24 hour period that
    the employee is awaiting return travel or
    travelling to return to the facility, the
    employee will be paid the greater of hours
    worked plus actual hours in travel
    status (or overtime in accordance with
    Article 13) or a prorated shift based on the
    portion of the 24 hour period away

(v) Where an employee is responsible for the
care and control of equipment and/or drugs,
and such equipment and/or drugs is not
readily portable (as determined by the
Employer) and requires the employee’s full
attention, then the employee shall be
considered as being still “on duty” as if
she/he was still involved with the patient and
shall be paid accordingly.

 

b) An employee going out on escort duty will not
suffer any loss in basic salary as a result of
missing any portion of a scheduled shift.
Therefore, an employee who is unable to return
from escort duty in time to work a scheduled shift
or portion thereof shall be paid for the missed
hours at her/his basic salary. Where an employee
misses only a portion of her/his scheduled shift
while on escort duty, she/he will be expected to
work the remainder of her/his shift.

 

c) An employee required for escort duty on a
Recognized Holiday shall be paid in accordance
with Article 21, and Article 13 if applicable, for all
time involved with the patient assignment including
travel time required to return to the facility.

 

d) An employee on escort duty out of province/
country shall be provided with a travel advance for
all anticipated travel expenses (transportation,
meals, accommodation) before commencing
escort duty, unless the employee chooses to make
alternate arrangements.

 

e) An employee on escort duty within the province
shall be provided with a ten dollar ($10.00) meal
advance at the commencement of escort duty for
each five hour period of anticipated escort duty,
unless the employee chooses to make alternate
arrangements. A subsequent travel/ expense claim
will be submitted in accordance with the Employer
travel policy.

ARTICLE 15: EMERGENCY/DISASTER

1501

a) In any emergency or disaster (a sudden generally
unexpected occurrence or set of circumstances
that overwhelms the Employer’s available
resources and causes a major impact requiring
immediate action) declared by the CEO/COO or
designate, employees are required to perform
duties as assigned notwithstanding any contrary
provision in this agreement. Compensation for
unusual working conditions related to such
emergency will be determined by later discussion,
between the Employer and the Association, and/or
by means of the grievance procedure if necessary,
except that the provisions of Article 13 shall apply
to overtime hours worked.

b) The importance of disaster plan exercises and fire
drills is mutually acknowledged by the Employer
and the Association and, to this end, participation
of all employees is encouraged. Where overtime is
worked by reason of a disaster plan exercise or
fire drill, overtime will be paid in accordance with
Article 13.

ARTICLE 16: TRAVEL EXPENSES

1601 An employee other than an employee who is required
by the Employer to use a personal motor vehicle as a
condition of employment, who is required to return to
work on a callback or otherwise travel locally on behalf
of the Employer shall be reimbursed for return taxi fare,
or reimbursed in accordance with the Province of
Manitoba mileage rates for use of a personal motor
vehicle, subject to a minimum mileage payment of
$4.00 return.

ARTICLE 17: SHIFT PREMIUM AND WEEKEND PREMIUM

1701

a) An employee scheduled and required to work any
hours between 1800 hours and the next succeeding
2400 hours, as part of her regular shift, shall be paid
an evening shift premium of one dollar ($1.00) [one
dollars and seventy-five cents ($1.75) effective
April 1, 2016] per hour for the hours worked
between 1500 hours and 2400 hours.

b) An employee scheduled and required to work a shift
where the majority of the hours fall between 2400
hours and 0600 hours, shall be paid a night shift
premium of two dollars and five cents ($2.05) [two
dollars and 50 cents ($2.50) effective April 1, 2016]
per hour for that entire shift.

c) Notwithstanding the above, where a shift includes
hours within both the evening and night shifts, shift
premiums shall be paid on the basis of hours
worked within that shift.

d) Notwithstanding the above, where an employee
works a “modified” (12-hour) shift, evening and
night premiums shall be paid in accordance with
the hours within the shifts as defined in Article 205.

 

1702 A weekend premium of one dollar and sixty five cents
($1.65) [two dollars ($2.00) effective April 1, 2016] 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 hours on the Saturday and
2400 hours on the following Sunday.

ARTICLE 18: ANNUAL VACATION

1801 The vacation year is the period commencing April 1st
and ending March 31st of the following year. Every
employee hired before April 1st will be granted vacation
at her basic rate of pay during the ensuing year.
Notwithstanding the dates of the vacation year,
vacation entitlement shall be calculated as at the end
of the last full pay period of the vacation year.

 

1802 The whole of the calendar year shall be available for
vacations to be taken; however, vacation earned in any
vacation year is to be taken the following vacation
year, unless otherwise mutually agreed between the
employee and the Employer.

 

1803 Terminal vacation pay shall be calculated in
accordance with 1804 and shall be based on the
employee’s rate of pay on the date of termination.

 

1804 a) Employees shall be entitled to paid vacation,
calculated on the basis of vacation earned at the
following rates:

  • Fifteen (15) working days per year commencing in
    first (1st) year of employment
  • Twenty (20) working days per year commencing
    in fourth (4th) year of employment
  • Twenty-five (25) working days per year
    commencing in eleventh (11th) year of
    employment
  • Thirty (30) working days per year commencing in
    twenty-first (21st) year of employment
    Vacation entitlement for the vacation year following
    completion of the third (3rd), tenth (10th) and twentieth
    (20th) years of continuous employment shall be
    determined by a pro-rata calculation based upon the
    two (2) rates of earned vacation.

 

1805 An additional five days’ vacation will be granted to an
employee in the year of her twentieth (20th)
anniversary of her employment and every
consecutive five (5) years until termination of her
employment. Such days shall be prorated for a PT
employee. Such additional vacation shall be taken in
the vacation year during which the anniversary will
occur.

 

1806 An employee who has not completed one (1) year’s
continuous employment as of March 31st shall be
granted a pro-rata vacation.

 

1807 The Employer shall post vacation entitlements not
later than February 1st each year, and allow employees
to express their preference before March 1st.

 

1808 The Employer will post an approved vacation schedule
not later than March 31st, 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.

 

1809 Annual vacation will not be reduced as a result of a
paid leave of absence, or unpaid leave of absence of
four (4) weeks or less.

 

1810 Employees on Workers’ Compensation will continue to
accrue paid vacation for a period of one (1) year from
the date of the first absence from work, related to the
occurrence of the compensable injury or illness.

 

1811 Victoria General Hospital only:
Employees on Workers’ Compensation or in receipt of
income protection will continue to accrue paid vacation
for a maximum period of one (1) year.

 

1812 Upon request, an employee may be permitted to
retain up to three (3) days of her regular vacation for
the purpose of taking such time off for personal
reasons such as religious observance or special
occasion, as long as adequate notice is given to
accommodate scheduling. Carry over of these three
(3) retained vacation days will be allowed subject to a
written request being received by the appropriate
manager sixty (60) days prior to the end of the current
vacation year. Such days shall be paid out if not
taken by the end of the vacation year to which they
were carried over.

ARTICLE 19: INCOME PROTECTION

1901 An employee who is absent due to illness or injury
which is not eligible for compensation by either the
Workers’ Compensation Board subject to 1912 a) or by
Manitoba Public Insurance (MPI) as a result of a motor
vehicle accident subject to 1912 b), shall be paid her
regular basic salary to the extent that she has
accumulated income protection credits. The Employer
reserves the right to verify that a claim for income
protection is not made with respect to an injury for
which lost earnings are compensated by Manitoba
Public Insurance.

 

1902 A full-time employee shall accumulate income protecttion
credits at the rate of one and one-quarter days per
month.

Of each day and a quarter of income protection credits
earned, one day* shall be reserved exclusively for the
employee’s personal use as specified in this Collective
Agreement. The remaining one quarter of a day* shall
be reserved for either the employee’s use or for use in
the event of family illness as specified in 1905. The
Employer shall maintain an up to date record of the
balance of income protection credits reserved for each
of these purposes.

  • *In the employee’s first year of employment, amend
    “one day” to read “three quarters of a day” and
    amend “one quarter of a day” to read “one half of a
    day”.
  • Eighty (80) percent of the balance will be reserved
    for the employee’s personal use.
  • Twenty (20) percent of the balance will be reserved
    for either the employee’s personal use or for use in
    the event of family leave in accordance with 1905.

 

1903 The Employer agrees to recognize income protection
credits accumulated prior to the signing of this
Agreement.

 

1904 Income protection will continue to accrue during a paid
leave of absence, or an unpaid leave of absence of
four (4) weeks or less. For unpaid leaves of absence
that exceed four (4) weeks, income protection credits
shall be retained but shall not accrue for that period of
time that exceeds four (4) weeks.

 

1905 Subject to the provisions of Article 1902, an employee
may use income protection for the purpose of providing
care in the event of an illness of a spouse, child,
parent, mother-in-law, or father-in-law.

 

1906 An employee who will be absent due to illness or
injury shall inform her supervisor or designate prior to
commencement of her/his next scheduled shift(s). An
employee will give notice as specified below or as
soon as reasonably possible.

Prior to day shift one and one half (1 ½) hours
Prior to evening shift three (3) hours
Prior to night shift three (3) hours

An employee returning to work following an absence
of one (1) week or more shall provide a minimum of
48 hours’ notice, or less if mutually agreeable, prior to
returning to work.

 

1907 The Employer reserves the right to require a medical
certificate or report to determine an employee’s fitness
to perform her normal duties or to determine eligibility
for income protection benefits. Such certificate shall
not be required without cause after an absence of less
than three (3) days.

 

1908 Upon sufficient notification to the Employer, and
providing such time off does not unduly disrupt the
departmental operations, employees shall be allowed
time off with pay to attend appointments with a doctor,
dentist, chiropractor, physiotherapist, or other
recognized medical therapist recommended by a
physician. The time utilized for such appointments shall
be deducted from accumulated income protection to
the nearest one-quarter hour. When non local
resources are utilized, a maximum of one (1) day may
be claimed from income protection.

 

1909 Where an employee qualifies for sick leave involving
hospitalization or bereavement leave for immediate
family only (spouse/common law spouse, child or
parent; does not include step-children, spouse/
common law spouse’s parents or grandparents),
during his period of vacation there shall be no
deduction from vacation credits for such absence.
The period of vacation so displaced shall either be
added to the vacation period or reinstated for use at a
later date, provided proof of hospitalization is given.

 

1910 The Employer will provide each employee with a
statement of accumulated income protection credits
upon request.

 

1911 Part-time employees shall accumulate income protecttion
credits on a pro rata basis.

 

1912

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

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

The employee may elect to submit an application to
the Employer requesting that the Employer supplement
the award made by the Workers’ Compensation
Board for the loss of wages to the employee by
an amount equal to ten percent (10%) of the WCB
payment. The Employer’s supplement shall be
charged to the employee’s accumulated income
protection credits and such supplement shall be
paid until the employee’s accumulated income
protection credits are exhausted, or until one
hundred and nineteen (119) calendar days have
elapsed since the first day of supplement,
whichever is less.

If, at any time, it is decided by the Workers’ Compensation
Board that any payment to be made to
the employee by the Employer must be offset
against benefits otherwise payable by the Workers’
Compensation Board, then such payment shall not
be payable.

 

b)

i) Where an employee is unable to work
because of injuries sustained in a motor
vehicle accident she must advise her
supervisor as soon as possible and she must
submit a claim for benefits to Manitoba Public
Insurance. Failure to do so shall disentitle her
from income protection benefits. It is expressly
understood that an employee may not receive
compensation from both Income Protection
and from MPI.

ii) Subject to b) i), where an employee has
applied for MPI benefits and where a loss of
normal salary would result while awaiting the
MPI decision, the employee may submit an
application to the Employer requesting an
advance subject to the following conditions.

iii) Advance payment(s) shall not exceed the
employee’s basic salary as defined in Article 2
(exclusive of overtime), less the employee’s
usual income tax deductions, Canada Pension
Plan Contributions and EI contributions.

iv) The advance(s) will cover the period of time
from the date of injury in the motor vehicle
accident until the date the final MPI decision is
rendered. In no case shall the total amount of
the advance exceed the lesser of:

A) the total net income protection which would
otherwise be claimed by the employee in
the one hundred and nineteen (119)
calendar day elimination period; or,

B) seventy percent (70%) of the value of the
employee’s accumulated income protection
credits.

 

v) The employee shall reimburse the Employer
by assigning sufficient MPI payments to be
paid directly to the Employer to offset the total
amount of the advance or by repayment to the
Employer immediately upon receipt of
payment made by MPI directly to the
employee.

vi) In the event that MPI disallows the claim,
including any appeal, the employee shall be
paid for the absence in accordance with the
income protection provisions of this
Agreement and the Employer shall recover
the total amount of the advance by payroll
deduction.

vii) Upon request, the Employer will provide a
statement to the employee indicating the
amount of advance payment(s) made and
repayment(s) received by the Employer.

 

c)

i) Subject to “b)”, an employee who has
accumulated sufficient income protection
credits may elect to submit an application to
the Employer requesting that the Employer
supplement the MPI payments.

ii) The amount of such supplement will equal ten
percent (10%) of the employee’s regular net
salary not earned due to the time loss. Regular
net salary will be based on the employee’s
basic salary as defined in Article 202 of the
Collective Agreement (exclusive of overtime),
less the employee’s usual income tax
deduction, Canada Pension Plan contributions
and Employment Insurance contributions.

iii) The Employer’s supplement shall be charged
to the employee’s accumulated income
protection credits and such supplement shall
be paid until the employee’s accumulated
income protection credits are exhausted, or
until one hundred and nineteen (119) calendar
days have elapsed since the first day of
supplement, whichever is less.

iv) If at any time it is decided by Manitoba Public
Insurance that any payment to be made to the
employee by the Employer must be offset
against benefits otherwise payable by
Manitoba Public Insurance, then such
payment shall not be payable.

v) An employee who is in receipt of MPI benefits
shall continue to accrue seniority, income
protection and vacation to the extent that they
have accrued income protection credits or for
one hundred and nineteen (119) days whichever
is less.

 

1913 An employee who is unable to work by reason of
accident or illness which is not covered by income
protection shall be granted an unpaid leave of
absence for a period of one (1) month per year of
service up to a maximum of one (1) year.

 

1914 It is understood that the elimination period for the
Disability & Rehabilitation Plan is one hundred and
nineteen (119) days. An employee may claim income
protection benefits for a period of time not to exceed
this elimination period providing they have sufficient
income protection credits.

 

1915 Health Sciences Centre only:
An employee may utilize up to five (5) days income
protection credits before or after the Employment
Insurance Maternity Benefit period. This clause is only
applicable to an employee who has completed six (6)
months continuous employment with the Centre and
who does not meet the requirements of Clause 2102.

 

1916 Concordia Hospital, Deer Lodge Centre, Seven Oaks
General Hospital and Victoria General Hospital:
An employee, other than a probationary employee,
shall be entitled to utilize up to five (5) days income
protection credits before they are earned. The
Employer will recover from a terminating employee as
paid sick leave granted but not earned.

 

1917 Income protection cannot be claimed for any additional
shift that was picked up at overtime rates.

Note* This Article refers to anyone working beyond a 1.0 EFT.

 

1918 For informational purposes only, the Employer agrees
to provide the Association with a copy of any current
policies regarding income protection utilization within
thirty (30) days. The Employer further agrees to
provide the Association with copies of any
subsequent amendments to the policy within thirty
(30) days.

ARTICLE 20: BEREAVEMENT AND COMPASSIONATE LEAVE

2001 An employee who is, or will be absent on bereavement/
compassionate leave shall notify her supervisor
at the earliest possible opportunity.

 

2002 Bereavement leave of up to four (4) working days
without loss of pay shall be granted in the event of the
death of a spouse, live-in partner, child, step-child,
parent, step-parent, sibling, step-sibling, father-in-law,
mother-in-law, grandparent, grandparent-in-law,
grandchild, brother-in-law, sister-in-law, daughter-inlaw,
son-in-law, former legal guardian, fiancé and any
other relative who resides in the same household.
Unless other arrangements have been made, such
days may be taken only in the period which extends
from the date of notification of death up to and
including the day following funeral proceedings.

One (1) bereavement leave day may be retained for
use in the case where actual interment or cremation is
at a later date.

 

2003 Where travel in excess of two hundred (200) km (one
way travel) is required, bereavement leave, in
accordance with 2002, shall be extended by up to two
(2) additional working days when required.

 

2004

a) Applicable to all sites except as noted:

i) Necessary time off up to one day without loss of
pay shall be granted an employee to attend a
funeral as a pallbearer.

ii) Subject to operational requirements, every
reasonable effort shall be made to grant leave of
absence without loss of pay of up to one (1) day
to an employee to attend a funeral as a mourner.

 

b) Victoria General Hospital:
Necessary bereavement leave up to one (1) day
shall be granted to an employee without loss of
basic pay to attend a funeral as a pallbearer or
mourner.

 

2005 Compassionate leave for purposes other than death,
such as serious personal loss due to fire, flood, or theft,
may be granted at the Employer’s discretion.

ARTICLE 21: GENERAL HOLIDAYS

2101 A day off with pay shall be granted to every full-time
employee on or for each of the following general
holidays:

  • 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 July 1
  • Boxing Day
  • and any other holiday declared by the Federal,
    Provincial or Local Government Authority.

2102 An employee scheduled and required to work on any
General Holiday shall be paid one and one-half (1 ½X)
times her basic rate for regular daily hours. In addition
a full-time employee shall be granted a compensating
paid day of rest within thirty (30) days before or after
the holiday. If a compensating day is offered to, but by
mutual agreement, not taken by an employee, then
that employee shall receive an additional day’s pay at
the basic rate in lieu thereof.

 

2103 Employees shall be allowed to bank up to five (5)
alternative days off in lieu of general holidays, for the
employee’s future use, at a time mutually agreed to
between the employee and the Employer.

 

2104 The Employer will ensure that all employees receive at
least two (2) General Holidays, in addition to
Christmas Day or New Year’s Day, on the days on
which they actually occur, and consecutive with days
off.

 

2105 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.

 

2106

a) Applicable to all sites except as noted:
The Employer agrees to distribute time off as
equitably as possible over Christmas and New
Year’s endeavoring to grant each employee as
many consecutive days off as reasonably possible
over either Christmas Day or New Year’s Day

b) Concordia Hospital, Seven Oaks General Hospital
and Victoria General Hospital:
An employee required to work on either Christmas
day or New Year’s Day shall receive not less than
three (3) consecutive days off incorporating the
other of those holidays.

 

2107 Deer Lodge Centre only:
Whenever a general holiday falls on the regular day off
or a day of paid leave of an employee, he shall be
granted an alternate day off with basic pay. If mutually
agreed by the employee and the Employer, the
Employer may give the employee an extra day’s pay at
the basic rate in lieu of an alternate day off.

 

2108 Victoria General Hospital only:
Where a general holiday falls during a period of a fulltime
employee’s vacation, the day shall be paid as a
general holiday and not as a day of vacation.

ARTICLE 22: RESPONSIBILITY PAY

2201 An employee temporarily assigned to perform
substantial duties and responsibilities of a higher salary
classification for at least one (1) entire shift shall be
paid a rate in the higher salary range which is at least
five percent (5%) higher than the regular basic salary
to which she would otherwise be entitled.

 

2202 Temporary relief 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 23: LEAVE OF ABSENCE

2301 Except in emergencies, 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.

 

2302 Except under extenuating circumstances, failure to
return to duty as scheduled following a leave of
absence, without authorization, will be deemed to
constitute a voluntary resignation.

 

2303

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

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

 

b) All time spent subpoenaed as a witness on a work
related matter shall be considered time worked and
overtime rates shall apply as per Article 13.

 

2304 An employee shall be entitled to necessary time off to
attend Citizenship Court to become a Canadian
Citizen.

 

2305 Upon written request, the Employer shall allow leave of
absence of up to two (2) months without pay and
without loss of seniority so that an employee may be a
candidate in a federal, provincial or municipal election.
An employee who is elected to public office shall be
granted leave of absence without pay for the term of
her office.

 

2306 Seniority and benefits shall continue to accrue during a
paid leave of absence, or an unpaid leave of absence
of four (4) weeks duration or less.

 

2307 Seniority and benefits shall be retained but not accrue
during an unpaid leave of absence of more than four
(4) weeks duration.

 

2308 Employees will pay the Employer’s and employee’s
share of Group Health, Dental, Group Life and D&R
when on any period of unpaid LOA.

Subject to the terms of the plan, where an employee
is on any return to work program where all or a
portion of the employees’ wages are being paid by
the Employer, the Employer will pay the Employer’s
share of premiums on the condition that the employee
is paying their share.

It is understood this does not negate Article 2805

 

2308 An employee’s anniversary date for increment
purposes shall be delayed by one (1) day for each day
of unpaid leave of absence in excess of four (4) weeks.

 

2309 An employee on any leave of absence up to one (1)
year covered by this collective agreement shall have
the right to return to her former classification. The
Employer shall make every reasonable effort to assure
that the employee returns to her former position.

 

2310 Consistent with the operational needs of the
Department, every effort will be made to accommodate
reasonable requests for part-time leave of
absence. A part-time leave shall mean a leave of
absence which is granted to an employee which
results in her being absent from work for a portion of
her normal schedule, on a regular recurring basis
over a defined period of time.

 

2311 Career Development

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

 

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

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

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

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

iv) Educational leave of over one (1) year, is
subject to annual review.

 

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

 

d) During the life of this Agreement, the Employer will
attempt to provide the equivalent of five (5) days of
inservice education for each employee, during the
regular working hours.

 

e) 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.

 

f) If an employee takes a course outside of working
hours, and if before the employee takes the
course, her supervisor indicates the course is
relevant to her employment, the employer will
reimburse the employee for the tuition fee to a limit
of $200 upon successful completion of the course.
Proof of successful completion will be required.

 

2312 The Employer may grant military leave to an
employee to fulfill her obligations in the Reserves,
subject to the provisions of Article 2301 and 2302.

 

2313 Compassionate Care Leave
An employee shall receive compassionate care leave
without pay to provide care or support to a seriously ill
family member, subject to the following conditions:

 

a) An employee must have completed at least thirty
(30) days of employment as of the intended date
of leave.

 

b) An employee who wishes to take a leave under
this section must give the Employer notice of at
least one (1) pay period, unless circumstances
necessitate a shorter period.

 

c) An employee may take no more than two (2)
periods of leave, totaling no more than eight (8)
weeks, which must end no later than twenty-six
(26) weeks after the day the first period of leave
began. No period of leave may be less than one
(1) week’s duration.

 

d) For an employee to be eligible for leave, a
physician who provides care to the family member
must issue a certificate stating that:

 

i) a family member of the employee has a serious
medical condition with a significant risk of death
within twenty-six (26) weeks from:

A) the day the certificate is issued; or
B) if the leave was begun before the certificate
was issued, the day the leave began;

and

2) the family member requires the care or support
of one or more family members.
The employee must give the employer a copy of
the physician’s certificate as soon as possible.

 

e) A family member for the purposes of this Article
shall be defined as:

i) a spouse or common-law partner of the
employee;

ii) a child of the employee or a child of the
employee’s spouse or common-law partner;

iii) a parent of the employee or a spouse or
common-law partner of the parent;

iv) a brother, sister, step-brother, step-sister,
uncle, aunt, nephew, niece, grandchild or
grandparent of the employee or of the
employee’s spouse or common-law partner;

v) a current or former foster parent of the
employee or of the employee’s spouse or
common-law partner;

vi) a current or former foster child, ward or
guardian of the employee, or of the
employee’s spouse or common-law partner;

vii) the spouse or common-law partner of a
person mentioned in any of the clauses iii),
iv), v) and vi);

viii) any other person whom the employee
considers to be like a close relative, whether
or not they are related by blood, adoption,
marriage or common-law relationship.

 

f) Unless otherwise mutually agreed an employee
may end her/his compassionate leave earlier than
eight (8) weeks by giving the Employer at least
forty-eight (48) hours notice. Any additional
available shifts resulting from compassionate care
leave being granted shall be subject to forty-eight
(48) hours notice of cancellation.

g) Seniority shall accrue as per Article 1003 a).

h) Subject to the provisions of Article 1902 the
employee may apply to utilize income protection
credits to cover part or all of the two (2) weeks
Employment Insurance waiting period.

i) In the event that the death of a family member
occurs during this period of leave, the employee
shall be eligible for Bereavement Leave as outlined
in Article 2002.

ARTICLE 24: PARENTAL LEAVE

2401 Parenting Leave
Parenting Leave consists of Maternity and Parental
Leave. Parental Leave includes Paternity and
Adoptive Leave. This article shall also apply to same
sex relationships.

 

2402 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 her health is incompatible
with the requirements of her job, and such time shall
be in addition to the leave she is 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 her in the application as the
day on which she intends to commence such leave;

c) provide the Employer with a certificate of a duly
qualified medical practitioner certifying that she is
pregnant and specifying the estimated date of her
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
2402(01) c), or

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 2402(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 the Department
Head.

 

(03)

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

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

 

(04)

Plan B:

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

a) have completed six (6) continuous months of
employment with the Employer if she is a full-time
employee and seven (7) continuous months of
employment with the Employer if she is a part-time
employee;

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

c) provide the Employer with a certificate of a duly
qualified medical practitioner certifying that she is
pregnant and specifying the estimated date of her
delivery.

d) provide the Employer with proof that she has
applied for Employment Insurance benefits and that
the CEIC has agreed that the employee has
qualified for and is entitled to such Employment
Insurance benefits pursuant to the Employment
Insurance Act.

 

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

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

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

c) should she fail to return to work as provided under
a) and/or b) above, she is indebted to the
Employer and she shall repay a portion of the “top
up” as follows:
Monetary value of top up provided
(value is based on hours paid at regular
rate of pay in 6 months prior to leave) x no. of hours not worked
Hours of service required to be worked
(based on monetary value)

 

(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
2402(04) c), or

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 2402(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 Department
Head.

 

(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% of her weekly rate of pay;

b) for up to a maximum of fifteen (15) additional
weeks, payments equivalent to the difference
between the EI benefits the employee is eligible to
receive and 93% of her 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 EI benefit, and any
other earnings received by the employee, exceed
93% of the employee’s normal weekly earnings.

d) all other time as may be provided under 2402(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.

 

(10) Sections 52 through 59.1 (2) inclusive of the
Employment Standards Act respecting maternity leave
shall apply “mutatis mutandis”.
Parental Leave

 

(11) 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.

 

(12) An employee who qualifies under 2402(11) must:

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

b) Except in the case of Adoption Leave, in
accordance with 2402(11) 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
2402(11)(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.

 

(13) An employee who qualifies in accordance with
2402(11) and 2402(12) is entitled to Parental Leave
without pay for a continuous period of up to thirtyseven
(37) weeks. In no case, however, shall any
employee be absent on Maternity Leave plus Parental
Leave exceeding fifty-four (54) consecutive weeks.

Where Maternity and/or Parental Leave exceeds
seventeen (17) weeks, the employee may elect to
carry over to the next vacation year any remaining
current annual vacation and their vacation accrual to
date, to a maximum of 10 vacation days, prorated for
part-time employees. The balance of the current
annual vacation not carried over will be paid out at a
time immediately following the period during which EI
benefits were payable (even if this period extends into
the following vacation year).

Any vacation earned up to the time of the
commencement of leave in accordance with Article
1801 will be retained and will be available to be taken
in the following vacation year.

 

(14) Subject to 2402(15), 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.

 

(15) 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.

 

2403 Partner Leave:
An employee shall be entitled to three (3) day’s leave
of absence with pay within seven (7) days of the birth
or adoption of the child.
This clause shall also apply to same sex
relationships.

 

2404 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.

 

2405 A full time or part time permanent employee who
resigns as a result of the employee’s decision to raise
a dependent child or children, and is re-employed,
upon written notification to the Employer shall be
credited with accrued service accumulated up to the
time of resignation for the purpose of long service,
vacation entitlement benefits and wage scale
increments as defined in this agreement.
The following conditions shall apply:

  • The employee must have accumulated at least
    four (4) years of accumulated service at the time of
    resigning.
  • The resignation itself must indicate the reason for
    resigning.

The break in service shall be for no longer than five
(5) years, and during that time the employee must not
have been engaged in remunerative employment for
more than three (3) months.

Upon return the employee shall be given preference
over external candidates, and previous seniority shall
be taken into consideration as an external applicant.
After 5 years the employee will then be considered an
external candidate with no previous seniority.

ARTICLE 25: ASSOCIATION SECURITY

2501 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.

 

2502 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 her membership.

 

2503

a) When meeting with the Employers to conduct joint
negotiations, a maximum of sixteen (16) employees
will be entitled to leave of absence without loss
of regular pay or benefits, to participate in negotiations
in which both the Employer and the Association
are represented, as follows:

  • Regional Health Authorities (to include Employers
    within the RHA) – Up to three (3)
    representatives each;
  • All Employers within the WRHA – Up to ten (10)
    representatives in total, with no more than three
    (3) representatives from any one Employer;
  • All other employers – Up to two (2) representatives
    each.

b) When meeting with the Employer to conduct local
negotiations, the number of employees entitled to
leave of absence without loss of regular pay or
benefits, to participate in negotiations in which both
the Employer and the Association are represented,
shall be as follows:

  • Regional Health Authorities (to include Employers
    within the RHA) – Up to two (2) representatives;
  • All Employers within the WRHA – Up to three (3)
    representatives
  • All other employers – Up to two (2) representatives.

c) In the event that any Employer and the Association
agree that negotiations shall be conducted on a
local basis, the maximum number of employees
entitled to leave in accordance with Article 2503 a)
above, shall be reduced by the number of
representatives listed in Article 2503 b) above.

d) Prior to the commencement of negotiations, the
Association shall supply the Employer(s) with a list
of employee representatives for negotiations.
e) Subject to the mutual agreement of the parties, the
total number of employees referred to above may
be altered, provided any additional employees are
on wage recovery. In such cases, the Association
shall reimburse the Employer for salary, benefits
and Manitoba Government Payroll Tax.

 

2504 Representatives of the Association and/or grievors
shall suffer no loss of pay or benefits as a result of their
involvement in Grievance or Arbitration pro-ceedings or
Labour Board hearings related to the Employer.

 

2505 The Employer agrees to deduct the current Association
dues from the pay of each employee in the
bargaining unit.

 

2506 The Employer agrees to deduct once annually the
amount of any special general assessment made by
the Association.

 

2507 Such dues shall be forwarded by the Employer to the
Association within thirty (30) days after the end of each
month, together with a list of all employees from whom
the deductions were made and details of all changes
from the proceeding month’s deduction listing. If
available, appropriate electronic copies of said
information shall also be sent to the Association office.
The Employer may, at it’s discretion, choose to remit
dues to the Association via an electronic funds transfer
method.

 

2508 The Association shall hold the Employer harmless with
respect to all dues so deducted and remitted, and with
respect to any liability which the Employer might incur
as a result of such deduction.

 

2509 The Association shall notify the Employer in writing as
to the amount(s) of current Association dues, and such
dues shall not be changed without one (1) month’s
prior notice, or more than twice in any calendar year.

 

2510 The Association agrees to provide the Employer with a
current list of officers and authorized representatives
once annually.

 

2511 The Employer agrees to provide bulletin board space
for use by the Association in each department where
members of the bargaining unit are employed. The
Employer reserves the right to request the removal of
posted material if considered damaging to the
Employer and the Association agrees to comply with
this request.

 

2512 The Employer shall record on the statement of
earnings (T4) of each employee the amount of dues
deducted from her pay and remitted to the Association.

2513 A representative of the Association will be granted up
to thirty (30) minutes to familiarize a new employee
with the Association and this Agreement during the
period of orientation. A representative of Management
may choose to be present during such time.

 

2514 Association Leave:

a) Subject to at least two (2) or more weeks written
notice of request, and no additional cost to the
Employer, leave of absence without loss of salary or
benefits shall be granted to association
representatives for the purpose of attendance at
Association 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 her term of office, to a maximum
of four (4) years.

c) Applicable to the MAHCP President position only:
Subject to four (4) weeks written notice of request,
an employee elected or selected to the MAHCP
President position shall be granted an unpaid leave
of absence for a period of up to two (2) years.

 

2515 The Employer will provide the Association with a
seniority list within thirty (30) days of the last pay period
in October, including the following information about
employees in the bargaining unit: name, *home
address, classification, employment status (i.e. full81
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
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. Electronic copies of said information shall be
sent to the Association office.

The Employer will provide to the Association one (1)
additional updated seniority list per year, upon request,
for Association administrative purposes only.

* See Memorandum of Understanding re: Article 2515

ARTICLE 26: GRIEVANCE PROCEDURE

2601 Should a dispute arise between the Employer and an
employee or the Association concerning the interpretation,
application or alleged violation of this Agreement.

 

2602 The employee and her supervisor shall first attempt to
resolve the dispute by means of discussion.

 

2603 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
Department Head or his designate.
2604 Within seven (7) days after the grievance has been
filed, the Department Head or his designate shall
investigate the matter and reply.

 

2605 Within twenty-eight (28) days after the incident became
apparent, the unresolved grievance shall be submitted
to the Divisional Director, Human
Resources or designate.

 

2606 Within seven (7) days after receiving the grievance, the
Divisional Director, Human Resources or
designate shall investigate the matter, conducting a
hearing upon request, and reply.
The Grievance investigation Process (GIP) as
outlined in MOU #6 requires that all grievances that
have reached the stage where they would be referred
to Arbitration are referred to the grievance
investigator prior to proceeding to Arbitration,
UNLESS the Executive Director of the Association
(MAHCP) and the Director at the Provincial Health
Labour Relations Services (PHLRS) agree that it shall
not be investigated or mediated by the individual
named as the Grievance Investigator.

 

2607 If the grievance is not resolved within thirty-five (35)
days after the incident became apparent, it may be
submitted for binding arbitration under Article 27 within
the next ensuing fourteen (14) days.

 

2608 All grievances shall be considered and settled on their
individual merits, and not dismissed by reason of any
technicality. However, it is clearly understood that time
limits established therein are for the sake of procedural
orderliness and are to be adhered to. The time limits
specified above may be extended by the mutual
agreement of the parties as confirmed in writing.

 

2609 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.

 

2610 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.

 

2611 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.

 

2612 An employee may elect to be accompanied or
represented by an Association representative at any
stage of the Grievance/Arbitration procedure, or in any
matter relating to this Collective Agreement.

 

2613 Every effort will be exerted by the Employer and the
Association to resolve grievances expeditiously. The
parties shall consider all grievances on their individual
merits.

 

2614 Nothing in this Agreement shall preclude settlement
of a grievance by written mutual agreement between
the Employer and the Association in any manner
whatsoever, or voluntary written extension of
stipulated time limits.

 

2615 Civil Liability Indemnification

a) If an action or proceeding is brought against any
employee covered by this Agreement for an
alleged tort committed by the employee in the
performance of the employee’s duties, except in
instances of gross negligence then:

(i) The employee, upon being served with any
legal process, or upon receipt of any action or
proceeding as hereinbefore referred to, being
commenced against the employee shall
advise the employer of any such notification
or legal process;

(ii) The Employer shall pay any damages or
costs awarded against any such employee in
any such action or proceedings and all legal
fees; and/or

(iii) The Employer shall pay any sum required to
be paid by such employee in connection with
the settlement of any claim made against
such employee if such settlement is approved
by the Employer before the same is finalized;
provided in every case the conduct of the
employee which gave rise to the action did
not constitute gross negligence of the
employee’s duty as an employee;

 

b) In accordance with Subsection (a) above, the
Employer or Employer’s Insurance Provider shall
appoint counsel. The Employer accepts full
responsibility for the conduct of the action and the
employee agrees to co-operate fully with
appointed counsel.

ARTICLE 27: ARBITRATION PROCEDURE

2701 If mutual agreement is not reached by both parties to
choose a single Arbitrator within ten (10) days from the
time that the matter is referred to arbitration the
Employer and the Association shall nominate their
respective appointees to a three (3) person Arbitration
Board.

 

2702 Within fourteen (14) days, the appointees shall agree
to a third member to act as Chairperson of the
Arbitration Board.

 

2703 If either party fails to nominate their appointee, or if
they fail to agree to a chairperson, the Minister of
Labour shall be requested to make such appointment.

 

2704 The finding of the sole arbitrator, a majority of
arbitrators, or the chairperson in the absence of a
majority, shall be conclusive and binding upon all
parties affected, but no such finding or award shall be
inconsistent with the terms of this Agreement. If
necessary, the arbitrator(s) may be requested to clarify
the terms of such award.

 

2705 Each party shall be responsible for the costs of its
nominee, and the costs of the sole arbitrator or
chairperson shall be shared equally by the Employer
and the Association.

ARTICLE 28: SAFETY HEALTH AND WELFARE

2801 The Employer shall provide and maintain necessary
safety and protective clothing or equipment where
required and install safety devices where necessary.
All such items remain the property of the Employer,
and when no longer required must be returned by the
employee.

 

2802 In recognition of the fact that during the performance of
their duties, employees may have their clothing or
other personal property damaged, the Employer
agrees to make appropriate compensation, providing
established departmental procedures and policies have
been followed.

 

2803

a) Applicable to all sites except as noted:
Dental Plan
The current dental plan will pay a percentage of
basic and major dental expenses in accordance
with the 1996 Manitoba Dental Association Fee
schedule. The 1996 fee schedule will continue to
apply until such time as the fee schedule may be
amended by the Employer following consideration
of the recommendation of the Health Sciences
Centre Board Management Staff Council.

b) Concordia Hospital, Deer Lodge Centre and Seven
Oaks General Hospital only:
The parties agree that the HEBP Dental Plan shall
continue to remain in effect on a 50/50 cost shared
basis for the life of this Agreement.

c) Victoria General Hospital only:
The Employer agrees to make deductions from
employees’ wages and forward premium payments
or provide HEBP Dental Insurance coverage for
employees. An equivalent amount of premium shall
be paid by the employer. Employee participation in
this plan is mandatory. Coverage and benefits
payable are subject to the limitations of the plan.

 

2804 Medicare Premiums
It is agreed that if MHSC premiums are introduced
during the life of this Agreement, the parties will meet
to discuss and decide on an equitable sharing of the
cost of these premiums.

 

2805 Disability & Rehabilitation Plan

a) The Employer agrees to participate in the HEB
Disability and Rehabilitation (D&R) Plan. The
benefit levels will be as stipulated in the D&R Plan.
The Employer will pay the D&R premium to a
maximum of two point three (2.3%) percent of
base salary.

The parties agree that income protection credits
and Workers Compensation benefits will be used
where applicable, to offset the elimination period.
Once the elimination period has been exhausted,
and subject to the approval of the employees’
application for D&R benefits by HEB, the
employee may commence drawing disability
benefits. It is understood that the elimination
period for the D&R Plan is one hundred and
nineteen (119) calendar days. An employee may
claim income protection benefits for the period of
time not to exceed this elimination period and
payment of accrued income protection within the
elimination period represents the maximum
amount of income protection available to the
employee regardless of the dispensation of the
D&R application or the status of the D&R
application on the 120th calendar day. An
employee may not utilize income protection
contiguous to the date of termination of D&R
coverage.

 

b) Where an employee has been away from work due
to illness for four consecutive weeks the employee
must complete all required documentation and
make application for coverage under the HEB
D&R Plan. The Employer and the Association are
willing to assist the employee with completion of the
documentation/application should the
employee request.

c) Subject to compliance with 2805 b), in the event;

i) an employee does not have sufficient accrued
income protection to cover the 119 calendar
day elimination period, or

ii) the employee’s D&R application has not been
approved by the end of the elimination period,
the Employer shall pay the D&R Premium, Health
Plan Premium, and Dental Plan Premium in
respect of any portion of the elimination period
where the employee is not in receipt of paid
income protection or in respect of the period of
time between the end of the elimination period and
the date of final disposition of the employee’s D&R
application.

 

2806

a) Applicable to all sites except as noted:

Pension Plan

Every eligible employee shall, as a condition of
employment, participate in the HealthCare
Employees Pension Plan. Contributions and
benefits shall be in accordance with the provisions
of the Plan.

 

b) Deer Lodge Centre:

The Centre will continue to participate in the Public
Service Superannuation Pension Plan and the
Healthcare Employees Pension Plan-Manitoba
(HEPP) in accordance with the terms and
conditions, including established contribution rates
as set out in the appropriate Trust Agreements,
Pension Plan Text and other applicable written
policies and guidelines.

 

2807 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 Occupational Health and
Safety issues. In accordance with the Workplace
Safety and Health Act, the Employer agrees to make
reasonable and proper provisions for the maintenance
of a high standard of health and safety in the
workplace and will provide safety equipment where
required and install safety devices where necessary.
The Workplace Safety and Health Committee shall
operate with Association representation for the
purpose of ensuring health and safety in the workplace
and the identification of health and safety hazards.

 

2808 Health examinations required by the Employer shall be
provided by the Employer and shall be at the expense
of the Employer.

 

2809 Health Spending Account (HSA)
A Health Spending Account will be provided in
accordance with the terms and conditions of the HEB
Manitoba plan.

 

2810 Where an employee cannot arrive as scheduled at the
Worksite due to whiteout/blizzard conditions as
declared by Environment Canada or due to road
closures as declared by police agencies or Manitoba
Infrastructure and Transportation, the employee may
be rescheduled if the employer determines that
alternate work is available and that it can be
rescheduled during the following two (2) consecutive
bi-weekly pay periods. Where the rescheduling of
such alternate work cannot be accommodated or the
employee chooses not to be rescheduled, she/he
may take the time from banked time which includes
banked overtime, General Holidays or vacation.

 

2811 Employees who are unable to leave the workplace
due to road closures, as declared by the Manitoba
Infrastructure and Transportation shall be provided an
area to rest.

 

2812 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.

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.

Where necessary, relevant provisions of the Collective
Agreement may, by mutual agreement between the
Association and the Employer be waived.

An employee who through advancing years or
disablement, is unable to perform her regular duties,
shall be given preference for transfer to any suitable
vacant position within the bargaining unit which
requires the performance of lighter work of which she
is capable. She will be paid at the same increment
level in the new position as she was paid in her
previous position.

 

2813 Upon application, each employee on the Workplace
Safety & Health Committee shall be granted paid
educational leave in accordance with the Workplace
Safety & Health Act Section 44 (1).

 

2814 Rehabilitation and Return to Work (RTW) Program
The Employer agrees to actively participate and
facilitate the rehabilitation and return to work of ill,
injured or disabled employees even when she/he is
not covered under the D&R, WCB or MPI programs.
Any such employee will be supernumerary in nature
when reasonably possible. The Association shall be
notified by the Employer if there is a request for a
Rehabilitation and Return to Work Program for an
employee. The Employer shall include the
Association in the initial meeting with the employee to
review the provisions of the program to ensure that
the work designated is within her/his restrictions and
limitations. If required, the Employer shall schedule
subsequent (progress) review(s) with the Association
and the employee and may proceed without the
Association’s involvement subject to the Union’s
concurrence. Where appropriate, by agreement
between the Employer and

ARTICLE 29: PRE RETIREMENT LEAVE

2901 A full-time employee who retires at or after age fifty-five
(55) with ten (10) or more years of service, or at any
time due to permanent disability or where the sum of
the employee’s years of age and length of continuous
employment total eighty (80) or more (“Magic 80”),
shall be granted four (4) days of paid pre-retirement
leave per year of service or portion thereof.
Where an employee takes pre-retirement leave as
salary continuance, pre-retirement leave will accrue
during the salary continuance period. This final preretirement
leave entitlement will be paid to the
employee with their final salary payment.

 

2902 Employees who have worked on a part-time basis
during their employment with the Employer shall
receive a pro-rata portion of pre-retirement leave
based on their actual hours worked as compared to
those of a full-time employee.

 

2903 Calculation of pre-retirement leave shall begin from the
date of the employee’s last commencing employment
with the Employer and shall be based on the
employee’s total length of continuous employment as
at the date of retirement.

 

2904 Payment shall, at the option of the employee, be made
in a lump sum or as a continuation of salary until the
scheduled retirement date is reached.
Where the employee chooses to take a lump sum
payment, the last day worked shall be considered the
retirement day and benefits shall cease on that day.
Where the employee chooses to take pre-retirement
leave as a continuation of salary until the scheduled
retirement date, all benefits shall continue until that
date.

 

2905 Effective date of ratification, April 27, 2007. As
established under the Civil Service Superannuation
Plan, former civil service employees may carry-over
vacation credits to retirement in accordance with
following:

a) Commencing up to four (4) years prior to the
employee’s retirement date, an employee may bank
up to 50 days of vacation credits provided that a
maximum of one year’s vacation credits are carried
forward from one vacation year to the next.

b) An employee may only bank a maximum of fifty (50)
vacation days.

c) An employee must provide in writing his or her
intended retirement date at the time she/he
commences banking vacation credits for this
purpose.

 

2906 Effective April 1, 2010, where an employee is entitled
to pre-retirement leave in accordance with this article,
and the employee dies prior to receiving this benefit,
the benefit shall be paid to her/his estate.

 

2907 Buyback of Pension
Pre-retirement pay may be utilized to directly fund the
buyback of pension service in accordance with
Revenue Canada limits and restrictions. Contributions
for this purpose must also conform to the Healthcare
Employees Pension Plan (HEPP) Trust Agreement,
HEPP Plan Text, and other applicable written HEPP
policies and guidelines.

ARTICLE 30: DISCIPLINE AND DISCHARGE

3001 No employee shall be disciplined or discharged
without just cause.

 

3002 In all instances where the Employer considers that an
employee warrants disciplinary action other than a
verbal warning, the employee shall be given advance
notice of the nature of the concern.

The employee shall be entitled to a meeting prior to the
imposition of discipline or discharge, unless he is a
danger to himself or others, and to be represented at
such a meeting by an Association representative,
unless he refuses such representation.

 

3003 An employee shall be notified in writing of the reasons
for her discipline or dismissal. A copy shall be
forwarded to the Association Representative unless the
employee elects otherwise.

 

3004 Employees shall be shown any adverse report
concerning her performance or conduct, and her
comments or reply shall also be recorded in her
personnel file. Upon request, she shall be given
copies of such documents. If she regards the report to
be inaccurate, she may also initiate a grievance
requesting its correction or removal from her file.

 

3005 An employee who considers herself to have been
wrongfully disciplined, suspended, or discharged shall
be entitled to submit a grievance under Article 26
(Grievance Procedure).

 

3006 An employee may examine her personnel file upon
request. Only one such file shall be maintained. Upon
request, an employee shall be given a copy of any
document placed in her personnel file.

 

3007 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.

 

3008 An employee subject to disciplinary action shall, after
four (4) years from the date the disciplinary measure
was initiated request in writing that her record be
cleared of that disciplinary action, provided the
Employee has not accumulated any additional
disciplinary actions. The Employer shall confirm in
writing to the employee that such documentation has
been removed.

ARTICLE 31: JOB SECURITY

3101

a) Applicable to all sites except as noted:

i) In the event of a layoff, employees other than
probationary and temporary employees shall
receive notice or pay in lieu of such as follows:

A) two (2) weeks’ notice for layoff of up to eight
(8) weeks;

B) for a layoff of eight (8) or more weeks, notice
would be based on one week per year of
service, with a minimum of two (2) weeks
notice and a maximum of eight (8) weeks.

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

 

b) Concordia Hospital:

i) In the event of a layoff, employees other than
probationary and temporary employees shall
receive notice or pay in lieu of such notice as
follows:

two (2) weeks notice for each year of
employment (seniority) of up to a maximum
of three (3) months’ notice.

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

 

c) Victoria General Hospital:

i) In the event of a layoff, employees other than
probationary and term employees will receive
one (1) week’s notice per year of service with a
minimum of two (2) week’s notice to a maximum
of twelve (12) week’s notice, or pay in lieu of
such notice.

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

 

3102 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.

 

3103 In the event of the deletion of an occupied position, as
much notice as possible shall be given to the
incumbent.

 

3104 An employee whose position is being deleted in
accordance with Article 3103, or who is being laid off
in accordance with Article 3102 will be entitled to
exercise seniority rights, subject to her 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.

 

3105 An employee who is demoted due to a reason other
than unsatisfactory performance shall continue to be
paid her current basic salary until the rate for the
classification to which she was demoted exceeds her
current rate. The application of this provision as it
relates to the layoff/recall procedure shall be limited to
a three (3) year period from the date the employee
assumes a position in a lower paid classification or until
the salary scale of the lower position reaches her level
of salary, whichever occurs first.

 

3106 An employee who exercises her seniority rights shall
be entitled to a six (6) week or two hundred and forty
(240) hours (whichever is greater) familiarization
period. In the event that the employee cannot function
effectively in the position at the conclusion of the
familiarization period, she shall be placed directly onto
layoff status and the person originally displaced from
the position shall, if not yet recalled, be returned to the
position.

 

3107 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.

 

3108 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.

 

3109 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
her 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.

 

3110 An employee recalled to work in a different department,
or different classification from which she was laid
off shall have the right to return to the position she 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.

 

3111 Technological change shall mean the introduction by
the 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 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.
In the event of a technological change which will
displace or affect the classification of employees in
the bargaining unit:

a) The Employer shall notify the Association at least
one hundred and twenty (120) days before the
introduction of any technological change, with a
detailed description of the project it intends to
carry out, disclosing all foreseeable effects and
repercussions on employees.

b) The negotiation of the effects of technological
change will take place not later than ninety (90)
days prior to the intended date of implementation.

c) If the Association and the Employer fail to agree
upon measures to protect the employees from any
adverse effects, the matter may be referred by
either party to arbitration as provided for under the
terms of this Agreement.

 

3112 An employee who is displaced from her job as a
result of technological change shall be given an
opportunity to fill any vacancy for which she has
seniority and for which she has competency and the
qualifications to perform. If there is no vacancy, she
shall have the right to displace employees with less
seniority, in accordance with the layoff procedures
specified in this Agreement.

 

3113 Where new or greater skills are required than are
already possessed by affected employees under the
present methods of operations, such employees
shall, at the expense of the Employer, be given a
training period during which they may acquire the
skills necessitated by the new method of operation.
There shall be no reduction in wage or salary rates
during the training period of any such employee.

 

3114

a) If the Employer sub-contracts work or introduces
technological change which results in the
displacement of a number of employees, the
Employer shall guarantee alternate employment to
all employees with three (3) or more years of
continuous service with the Employer. Where the
alternative employment is of a lower paying
classification, the employee shall continue to
receive the salary of the higher paid classification
until the salary of the lower paid classification
passes that of the higher classification. The
application of this provision shall be limited to a
three (3) year period from the date the employee
assumes a position in a lower paid classification or
until the salary scale of the lower position reaches
her level of salary whichever occurs first.

b) Any employee with less than three (3) years of
employment to whom the Employer cannot offer
alternative employment shall receive severance
pay on the basis of one (1) week per year of
service.

 

3115 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
have been determined as being solely within the
bargaining unit except in the case of education or
emergency or where there is mutual agreement
between the parties to do so. The parties agree that
past practice, effective June 23, 2000, shall be
deemed to have received mutual agreement in this
regard. The parties further agree that the provisions
of this Article shall in no way supersede the
provisions of the Memorandum of Understanding Re:
Transfer of Service/Mergers/Amalgamation/Consolidation.

 

3116 Notwithstanding Article 604, employees laid off, or
who have had their work reduced in accordance with
Article 3101, and who have made their availability for
additional available shifts known to the Employer in
writing, shall be given preference for such shifts, over
part-time and casual employees, up to their EFT prior
to layoff or reduction of hours, provided they are
qualified, competent and willing to perform the
required work.

The employee shall be given such preference for
available shifts until a position becomes available that
is an equal or greater EFT than their last previous
position, or for the duration of 6.03 (d), whichever
occurs first.

Should the employee not work the entire shift for any
reason, the employee will be paid for the hours
actually worked.

In the event that the employee accepts available shifts
in accordance with the above, the provisions of the
Collective Agreement shall be applicable except as
modified hereinafter:

a) Vacation pay shall be calculated in accordance
with Article 1804, and shall be paid at the
prevailing rate for the classification, at the
employee’s step on scale prior to layoff, on each
pay cheque, and shall be prorated on the basis of
hours paid at regular rate of pay;

b) Income protection accumulation shall be
calculated as follows:
Additional available hours Entitlement of a
Worked by the laid off employee X full-time employee
Full-time hours

c) In the event that the layoff is longer than twenty-six
weeks, seniority will be calculated in accordance
with regular hours worked;

d) The Employee shall be paid four point six two
percent (4.62%) of the basic rate of pay in lieu of
time off on General Holidays. Such holiday pay
shall be calculated on all paid hours and shall be
included in each pay cheque;

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 five
(5) year period referenced in Article 10. However,
an employee on layoff who is recalled into a term
position shall retain her right to be recalled into a
permanent position while working in the term
position.

 

3117 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.

 

3118 Secondment is a temporary transfer of an employee(s)
from one Employer to another Employer, the terms of
which shall be negotiated with the Association.

ARTICLE 32: NON-DISCRIMINATION

3201 The parties agree that there shall be no
discrimination, interference, restriction, harassment or
coercion based on the applicable characteristics cited
in Section 9 of the Human Rights Code of Manitoba.

 

3202 The Employer 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 dealing with such
problems should they arise. Situations involving sexual
harassment shall be treated in strict confidence by both
the Employer and the Association.

 

3203 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. The Employer shall notify the Association
as soon as possible after receipt of the report. Every
reasonable effort will be made to
rectify the abusive situation to the mutual satisfaction
for the parties. Situations involving abuse shall be
treated in a confidential manner by the Employer, the
Association and the employee(s).

ARTICLE 33: PERFORMANCE APPRAISALS

3301 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 she is 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.

 

3302 If the employee regards the report or evaluation to be
inaccurate, unfair or unreasonable, she may also
initiate a grievance requesting its correction or removal
from her file.

ARTICLE 34: NOTICE OF TERMINATION

3401 Employment may be terminated voluntarily by an
employee, by giving at least four (4) weeks’ notice in
writing exclusive of any vacation due.

 

3402 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;

c) where an employee is discharged for just cause.

ARTICLE 35: COMMITTEES

3501 The Employer will maintain an Employee/Management
Advisory Committee with equal representation from
management and employees. This Committee shall
meet at the request of either party, for the purpose of
discussing matters of concern to either party. The
parties shall co-chair this committee and shall chair
alternate meetings.

 

3502 This Committee shall be advisory in nature and shall
not substitute for staff meetings or normal lines of
communication in effect within the Facility.

 

3503

a) Basic pay or equivalent time off, with a minimum of
one (1) hour guaranteed to employees who are not
on duty, will be granted to employees appointed by
the Association to attend meetings of the
Employee/Management Advisory Committee and
any other joint committee which is created by the
mutual agreement of the Association and the
Employer, and to which the Association is required
to appoint representatives.

b) Basic pay or equivalent time off, with a minimum of
the one (1) hour guaranteed to employees who are
not on duty, will be granted to employees appointed
by the Association to attend meetings of the
Workplace Health & Safety Committee or to perform
such other duties as may be specified in the
Workplace Safety & Health Act or as prescribed by
regulation.

In accordance with the Workplace Safety & Health
Act, a member of the Workplace Health and Safety
Committee is entitled to take time off from her
regular work duties in order to carry out her duties
as a committee member under this Act and the
regulations. The member shall be paid by the
Employer at her regular or premium pay as
applicable, for all time spent carrying out her duties
as assigned by the committee or Employer as a
committee member.

 

3504 The parties agree to utilize the existing Employee /
Management Advisory Committee to discuss, review
and make recommendations relative but not limited
to:

  • Staff recruitment and retention,
  • Training, retraining and continuing education,
  • Program Management,
  • Efficiency of equipment utilization,
  • Program delivery and new program implementation,
  • Ongoing communications,
  • Professional practice issues,
  • Job enrichment,
  • Orientation,
  • Workplace security,
  • Unresolved issues relating to workload, staffing or
    shift schedule.

Association staff shall be entitled to attend meetings
as part of the employee delegation. Minutes shall be
kept and distributed to members.

The parties further agree that the committee may
request assistance from other resources such as
financial staff or representatives of other agencies or
organizations when dealing with issues.

ARTICLE 36: JOB SHARING

3601 When a position is posted, two (2) employees may
apply to share that position. The decision to allow two
(2) employees to split a 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
the position is absent, e.g. sick leave, vacation,
leave of absence, etc. the other employee sharing
the position may be required to assume those
shifts.

 

c) In the event that one (1) of the employees sharing
the position resigns, and the Employer’s decision
is to allow this position to remain a job share
position, the position will be posted with the
following wording noted on the job posting:

“This position is currently being filled by two
(2) employees working part-time. The
remaining employee wishes to continue
working her portion of the position and she
will be allowed to do so if another employee
is willing to work the other portion of the
position. If you wish to apply for the vacant
portion of this position, please apply in the
normal manner stating same.”

 

d) Providing there is another employee willing to
share the position, 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 position with
the remaining employee, the posted position will
be offered to the remaining employee.

 

f) If the remaining employee refuses to accept the
position, the position may be offered to the most
suitable applicant.

The remaining employee will then be offered any
part-time position for which she is qualified, that is
currently vacant and if none is available, she shall
be dealt with in accordance with Article 31.

ARTICLE 37: TERM OF AGREEMENT

3701 This agreement and all its provisions shall be effective
April 1, 2014 except as otherwise provided.

 

3702 This Agreement shall be in full force and effect until
March 31, 2018 and thereafter until a revised Collective
Agreement is executed or this Agreement is
terminated by two (2) weeks written notice by either
party.

 

3703 This Agreement may be amended during its term by
mutual agreement.

 

3704 Should either party to this Agreement desire to amend
or terminate the Agreement, or to negotiate a new
Agreement, such party shall notify the other party in
writing of its intention not more than ninety (90) days
and not less than thirty (30) days prior to the expiration
date hereof.

 

3705 If notice is not given under Article 3704, within thirty
(30) days prior to the expiration date of the Agreement,
this Agreement shall be renewed without change for a
further period of one (1) year.

 

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

Memorandums

MEMORANDUM OF UNDERSTANDING #1

MEMORANDUM OF UNDERSTANDING #1

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

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

 

Whereas there may be a need to examine the delivery of
health care within the facility/region, and

 

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

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

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

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

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

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

6. In the event of #5 above occurring or in the event of the
closure of a facility/region, and in conjunction with #7
below, the Employer will make every reasonable effort to
achieve necessary funding for retraining and
redeployment of employees.
7. The Employer will also co-operate with other
facilities/regions, with the Provincial Health Labour
Relations Services and/or the Government of Manitoba,
to participate in the establishment of a broader
redeployment and retraining effort.

MEMORANDUM OF UNDERSTANDING #2

MEMORANDUM OF UNDERSTANDING #2

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: TRANSFER OF
SERVICE/MERGERS/AMALGAMATION/CONSOLIDATION

Applicable where there is a transfer of service, merger,
amalgamation or consolidation and where mobility does
not apply and where both the sending and receiving sites
are participants at the MAHCP Central table negotiations.

 

WHEREAS the way services are provided by the Employer
may change as a result of continuing health reform initiatives;

 

AND WHEREAS the above initiatives may impact upon the
employment security of employees covered by this
Agreement;

 

AND WHEREAS the Employer and the Association desire to
assist employees who may be directly impacted by such
initiatives;

 

IT IS THEREFORE AGREED THAT:

(i) The Employer will provide all relevant information to
the Association in a timely manner as it becomes
available.

(ii) The Employer and the Association will meet to
discuss matters of mutual concern and agree to
make every effort to examine all possible options,
including, but not limited to, redeployment issues.

(iii) For the purpose of application of Article 31 should
the Employer:

a) merge or amalgamate with another service
provider; or

b) centralize or consolidate with another service
provider; or

c) transfer or combine any of its operations or
functions to another service provider; or

d) take over any of the functions of another service
provide.
it will not be considered contracting out or subcontracting
out.

(iv) During the period of notice given under the
Employment Security Memorandum of Understanding,
employees potentially affected by the
impending alteration of service will be entitled to
portability of benefits between the employers
identified as signatories to this Memorandum of
Understanding. Should the receiving employer not
be signatory to this Memorandum of Understanding,
the receiving employer will be encouraged
to honour a like portability of benefits.

 

For employees who have been successful in obtaining a
position at a facility who is a signator to this Memorandum of
Understanding, the following shall be portable:

1. Accumulated income protection benefits/sick leave
credits recognized by the last employer shall be credited
by the new Employer.

2. Length of employment applicable to rate at which
vacation is earned shall be recognized by the new
Employer.

3. Length of employment for purpose of qualifying to join
benefit plans, e.g. two (2) year pension requirement.

4. Salary treatment:

a) If the range is identical, then placed step-on-step;

b) if the range is not identical, then placement will be
at a step on the range which is closest (higher or
lower) to the employee’s salary at the time of
porting.

 

5. Length of employment applicable to pre-retirement leave
shall be recognized by the new Employer.

6. Upon hire of an employee, the receiving Employer
agrees to confirm in writing to the employee all benefits
which were ported from the sending Employer.

7. Benefits superior to those provided by the new Collective
Agreement shall not be portable.

8. Hours of service since the last increment is not portable
for purpose of calculating next increment if applicable.

9. Salary and vacation earned to date to be paid out by
sending Employer.

10. Banked time including overtime bank, stat bank, to be
paid out by sending Employer.

11. Seniority.

 

APPLICATION:

 

IT IS AGREED THAT:

l) When it is known that programs or services will be
transferred, consolidated, merged, or amalgamated, the
Employers shall determine the number of staff required
by classification.

ll) Qualified employees within the transferring program or
service will be given the opportunity to move with the
program on the basis of seniority.

lll) If more staff wish to move than are required for the
program or service, staff from the sending Employer(s)
will be selected on the basis of seniority in effect at the
sending Employer’s on the date of the notice being
completed.

lV) If there is insufficient staff volunteering to move, the
receiving Employer(s) will fill the remaining vacancies by
postings or recall provisions.

V) Employees who transfer in accordance with this
memorandum, retain seniority, service and other portable
benefits if applicable or in accordance with the
Memorandum of Understanding on Re-deployment
Principles, and will be treated in all respects as if they
had always been employees of the receiving Employer.

VI) The receiving Employer will provide an orientation for the
transferred employee of sufficient duration to assist the
employee in becoming acquainted with essential
information such as policies and procedures, routines,
location of supplies and equipment, and fire and disaster
plans.

MEMORANDUM OF AGREEMENT #3

MEMORANDUM OF AGREEMENT #3

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: PROVINCIAL HEALTH CARE LABOUR ADJUSTMENT

This Letter of Agreement confirms that the above-named
parties have ratified the Memorandum of Understanding on
Redeployment Principles which is appended to and forms part
of this Letter of Agreement. (Refer to MOU #15
Redeployment Principles)

MEMORANDUM OF UNDERSTANDING # 4

MEMORANDUM OF UNDERSTANDING # 4

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: MAHCP PROVINCIAL TECHNICAL / PROFESSIONAL
RECRUITMENT / RETENTION PLANNING COMMITTEE

 

The parties acknowledge that in order to support the delivery
of effective patient/client care/service across the province,
an adequate supply of trained employees is required. The
parties acknowledge that availability of qualified employees
may differ throughout the province and there may need to be
consideration of unique regional challenges.

 

Therefore the parties agree to establish a Provincial
Technical / Professional Recruitment / Retention Planning
Committee, with representation from the PHLRS, Employers,
MAHCP and it’s membership. The Committee will consist of
an equal number of PHLRS / Employer and MAHCP /
Employees, the number of which shall be mutually agreed.
The Employer and the Association shall be responsible for
their respective salaries and associated costs of their
Committee members. Other persons may be invited to
participate as mutually agreed by both parties.

 

The Committee shall meet as frequently as mutually agreed
to by the parties the purpose of which will be:

  • To identify classifications that are experiencing current or
    anticipated shortages of qualified employees;
  • To identify recruitment challenges in order to address
    current or anticipated shortages;
  • To identify strategies to facilitate the availability of
    appropriately qualified employees;
  • To consider other systemic issues that may be raised by
    Committee members; and
  • To present its findings and the Committee’s joint
    recommendations to the Deputy Minister of Health,
    including but not limited to, funding for areas where
    recruitment and retention challenges have been identified.

 

The Provincial Technical / Professional Recruitment /
Retention Advisory Committee will commence meeting within
ninety (90) days of ratification of all MAHCP Locals.

 

The Committee will determine it’s process including the
circumstances in which individuals including employees may
be invited to present or share information with the Committee
for its consideration.

 

The Provincial Technical / Professional Recruitment /
Retention Planning Committee will be in existence for the
duration of the collective agreement and will be extended
only if mutually agreed to between the parties. MAHCP
members invited to participate shall be compensated as per
3203 a).

MEMORANDUM OF UNDERSTANDING #5

MEMORANDUM OF UNDERSTANDING #5

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

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.

In the event that either party states that it is inappropriate to
utilize the process and prior to a failure to utilize the process,
the Executive Director of the MAHCP and the Director of the
PHLRS shall review the matter and exchange the positions of
the parties.

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 and the appointment of
the Grievance Investigator is to continue concurrent with
the Collective Agreement. The Collective Agreement is
for the period April 1, 2014 to the date of ratification of a
new collective agreement, and subject to the Term of the
Agreement.

2. The Grievance Investigator shall be an individual jointly
approved by the MAHCP and representatives of the
employer (Provincial Health Labour Relations
Services). The terms of appointment of the Grievance
Investigator shall be set out in a separate document
between the MAHCP, the PHLRS and the Grievance
Investigator.

3. It is recognized that Grievance Investigation is a
mandatory process and either party may submit the
grievance to Grievance Investigation.
In the normal course of events, the grievance will be
submitted to the Grievance Investigator when the
parties are unable to reach a resolve through the
grievance process itself.

If however, where the timelines within the grievance
procedure have not been mutually extended, and a
grievance meeting does not occur as scheduled due to
a cancellation or request to reschedule by either the
Association or the Employer, the Executive Director of
MAHCP and the Director of the PHLRS shall be notified
of the cancelled meeting.

The Executive Director and Director will review the
matter and will jointly determine if another attempt to
schedule a grievance meeting will occur, or if it is
reasonable to assume that the grievance is denied and
the remainder of the grievance procedure will be
circumvented and the grievance matter will be
submitted directly to GIP.

 

4. The Grievance Investigator shall conduct an investigation
into each grievance jointly submitted to him. 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 him, the Grievance
Investigator shall schedule a hearing to be held within the
thirty (30) day period following
submission to him. The Grievance Investigator is
empowered to fulfil his role in any manner deemed by
him 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.

Where the Grievance Investigation meeting does not
occur as scheduled due to a cancellation or request to
reschedule by either the Association or the Employer, the
Executive Director of MAHCP and the Director of
the PHLRS shall be notified by the Grievance
Investigator of the cancelled meeting

The Executive Director and Director will review the
matter and will jointly determine if another attempt to
schedule a Grievance Investigation meeting will occur,
or if the matter will simply be referred to arbitration.

 

5. 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
calendar days following a hearing. Where no hearing is
held, it is expected that the Grievance Investigator will
provide his written opinion within seven (7) calendar days
following completion of his investigation.

 

6. It is understood that the opinion of the Grievance
Investigator is advisory in nature and is non binding on
either party.

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.

Where either or both parties choose not to accept the
opinion of the Grievance Investigator, they shall, within
seven calendar 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. 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 the Collective Agreement.

 

7. 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 on a province wide basis through
staff representatives of the MAHCP and the PHLRS at
the request of either of these two bodies, but not less
frequently than every six months to review the
operation and utilization of the Grievance Investigation
Process.

 

8. 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.

 

9. It is expressly understood that the Grievance
Investigation Process is intended to provide a costeffective,
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) calendar days have elapsed from the
date the request was made and the other party has
failed to respond, or

c) fourteen (14) calendar days have elapsed from the
date upon which the Grievance Investigator issued his
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 and/or PHLRS
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
evidence through witnesses. The Grievance Investigator
may through the course of his 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 him 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 life of the collective agreement.

4. While appointed the Grievance Investigator may not act
on behalf of one of the parties either as counsel or
nominee at conventional arbitration. He 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 him in his capacity as Grievance Investigator.

5. 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 his 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 parties
shall jointly and equally share the fees and expenses of
the Grievance Investigator.

5. The Grievance Investigator is empowered to consider
any grievable matter put to him 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 him
carrying out his role.

MEMORANDUM OF UNDERSTANDING #6

MEMORANDUM OF UNDERSTANDING #6

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: EDUCATIONAL DEFERRED SALARY LEAVE PLAN
(Hereinafter referred to as EDSLP)

 

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

1. That the EDSLP will be reviewed thirty (30) months from
its implementation date and every twenty-four (24)
months thereafter by the Employer and the Association.

2. That the EDSLP shall be self-sustaining and the
Employer shall not incur any costs whatsoever as a
result of participating in the Plan.

3. That the EDSLP must comply in all respects with all
Revenue Canada guidelines.

4. That the Association shall save the Employer harmless
from any claims whatsoever from any participants
enrolled in the EDSLP which might result from the nonremittance
of monies collected in accordance with the
Plan nor from any shortfall in the funds from time to time
required to be paid to any of the participants in the Plan.
It is agreed that remittance of all monies to the Plan, in
Trust, is to be forwarded immediately following each
payday to the carrier of the Plan in Trust.

 

Terms of Reference of the EDSLP

Eligibility: Any employee, excluding casual employees,
covered by the Collective Agreement between the
Employer and the Association may apply for participation
in the EDSLP following completion of the employee’s
probationary period as outlined in the Collective
Agreement. It is expressly understood that participation
in the EDSLP does not constitute a commitment being
made by the Employer regarding future approval of a
leave of absence.

 

The Plan:

The EDSLP is implemented for the sole purpose of providing a
method of remuneration to Plan participants during formal
educational leaves of absence (LOAs) for periods in excess of
six (6) months.

 

Contribution/Enrolment Form:

a) On filling out the enrolment form for membership, the
participant shall indicate the amount of the participant’s
earnings which is to be deferred and remitted by the
Employer to the Plan, in Trust. The amount shall not be
less than five (5) percent and not more than thirty (30)
percent of gross regular earnings as at the time of
application. The biweekly amount shall be rounded to the
next higher dollar.

b) The amount to be deferred in Trust may be changed
once annually (date to be determined by the Employer).

c) The participant shall indicate on the enrolment form the
date when it is anticipated that the participant will be
requesting a leave of absence in accord-acne with the
terms of reference of the Plan.

d) The participant shall keep the Employer informed on an
ongoing basis as to his/her plans in regard to the
educational program in order to assist the Employer in
attempting to make arrangements for his/her potential
absence.

 

Leave of Absence

a) It is agreed between the Employer and the Association
that, for the purpose of the EDSLP, the provisions of the
Collective Agreement regarding application for leaves of
absence shall make application for the LOA at least two
(2) months prior to the first day of the participant’s
requested LOA.

b) Requests for LOA under the EDSLP shall include a
description of the course of studies to be pursued, the
duration of the program, and the name of the institution
offering the program.

c) Each request for a LOA under the EDSLP will be
reviewed on an individual basis and shall not be
unreasonably denied.

d) In the event that more than one participant applies for a
LOA under the EDSLP for part of or all of the same
period of time and where only one participant’s requested
leave can be granted, seniority as defined in the
Collective Agreement shall be the governing factor in
determining which participant’s LOA shall be granted.

e) A participant having received approval for a LOA and
who voluntarily transfers or is promoted to another
position, may have the leave honoured depending on the
operational requirements of the new work area.

f) In the event that the participant’s educational leave
results in his/her being qualified to work in another
classification covered by the Collective Agreement, it is
understood that the participant will be placed in such
classification only after being the successful applicant for
a posted vacant position within that classification.

MEMORANDUM OF UNDERSTANDING #7

MEMORANDUM OF UNDERSTANDING #7

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: PORTABILITY

The following provisions do not apply to transfers governed
by the provisions of the Memorandum of Understanding on
Staff Mobility within the nine (9) facilities of the former WHA
(WRHA) System.

 

1. An employee of an Employer in Manitoba who
participates at MAHCP Central Table negotiations, who
is awarded a position with another Employer in
Manitoba who participates at MAHCP Central Table
negotiations, and who commences employment with
her/his new Employer within six (6) weeks of
termination of employment from her/his former
Employer, will be entitled to portability of benefits as
specified hereinafter:

a) accumulated income protection benefits;

b) length of employment applicable to rate at which
vacation is earned;

c) length of employment applicable to pre-retirement
leave;

d) length of employment applicable for qualification
for the Magic 80 pension provisions;

e) length of employment applicable to next increment
date;

f) continuation of all Benefit Plans;

g) seniority credits (in accordance with receiving
Collective Agreement).

MEMORANDUM OF UNDERSTANDING #9

MEMORANDUM OF UNDERSTANDING #9

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: RECRUITMENT AND SELECTION PROCESS

 

The parties acknowledge and confirm that effective and
consistent practices relative to recruitment and selection to
vacant positions are critical to maintain and preserve a highly
competent and qualified professional and technical healthcare
workforce in Manitoba.

It is further agreed that specific procedures utilized throughout
all phases of the selection process must include as a basic
foundation, the formulation of bona fide and job-related
selection criteria, including consideration of seniority. As
outlined below, the process must be carried out consistent
within the provisions of the collective agreement.

The parties agree that the selection process must be seen to
treat all applicants fairly, objectively, and in a non-partisan
manner at all times.

Without limiting the generality of the foregoing and in
consultation with the Association, the Employer commits to the
development of terms of reference/guidelines detailing phases
of the selection process to ensure outcomes are objective and
to maintain integrity and accountability in all staffing activity
undertaken.

Term of reference/guidelines will encompass, but will not be
limited to:

  • The formulation of selection criteria, such as seniority,
    knowledge, abilities/skills, aptitudes, personal
    suitability, experience, education, certification, etc.,
    under which managers shall determine qualifications
    required for the position.
  • The use and application of selection criteria in the
    selection process.
  • The composition of Selection Boards
  • Meaningful feedback to applicants.

Terms of reference/guidelines as above, shall be completed
within 180 days of the signing of the collective agreement,
and will be subject to review as may be deemed appropriate
and necessary from time to time. Either party may initiate the
review. The parties agree that they may request assistance
from other resources as deemed necessary.

MEMORANDUM OF UNDERSTANDING #10

MEMORANDUM OF UNDERSTANDING #10

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: ARTICLE 2515

 

WHEREAS The Freedom of Information and Protection
Privacy Act (“FIPPA”) became applicable to the Employer
during the life of the Collective Agreement that expires
March 31, 2003;

 

AND WHEREAS the Employer believes that the current and
past practice of providing home addresses to the Association
is now subject to FIPPA and requires compliance with that
legislation;

 

AND WHEREAS the Association wishes to have the past
and current practice regarding provision of home addresses
to continue in order to administer the Collective Agreement
and represent its members;

 

NOW THEREFORE the parties agree that forthwith upon the
ratification of the Collective Agreement, the Association shall
sign a letter in the form attached to this Memorandum of
Understanding.

 

LETTER:

Pursuant to the Memoranda of Agreement
CONFIRM TYPE OF AGREEMENT dated DATE OF
AGREEMENT and the applicable collective
agreement between the NAME OF UNION (the
“ABBREVIATED NAME”) and the [Employer], the
[Employer] is to provide the ABBREVIATED NAME
with a list which includes each employee’s
bargaining unit, classification, work location and
home address at the time of remission of union
dues.

The list to be provided contains personal
information as defined under The Freedom of
Information and Protection of Privacy Act (“FIPPA”),
which came into force subsequent to the date on
which the Memoranda of Agreement were signed.
We believe that the disclosure provisions of FIPPA
apply to the provision of home addresses pursuant
to the Memoranda and the collective agreement. In
order to meet our obligations under the Memoranda
and the collective agreements, we are requesting
the ABBREVIATED NAME’s cooperation in
complying with the following conditions in
accordance with sections 46(6)c) and (d) of FIPPA:

1. The personal information may only be used for the
purpose of communicating with the ABBREVIATED
NAME’s members;

2. The ABBREVIATED NAME shall have in place
reasonable administrative physical safeguards to
ensure the confidentiality and security of the
personal information.

3. When disposing or storing the lists, the
ABBREVIATED NAME shall take care that they are
transported, stored or destroyed in a secure
manner.

4. The duplicate copy of this letter acknowledging that
the ABBREVIATED NAME shall comply with these
measures shall be signed and returned to the
undersigned.

We look forward to your reply,

 

Yours truly,

NAME OF ACCESS AND PRIVACY OFFICER
Access and Privacy Officer

The UNION NAME acknowledges that it will comply
with the terms and conditions set out above.

DATE: ___________________

UNION NAME
Per: ___________________

MEMORANDUM OF UNDERSTANDING #11

MEMORANDUM OF UNDERSTANDING #11

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: 10 HOUR SHIFT

 

Note: 10 hour shifts will only be implemented by agreement
between the Employer and the Association.

1. A “10” hour shift for employees working 7.75 hours
(2015 annual hours) will be 9.69 paid hours to be
scheduled at 10.00 hours.

2. There shall be twenty-four (24) regular “10” hour shifts
in each three (3) consecutive bi-weekly periods, or a
combination of 10 hour and regular shifts as defined in
Article 1201, during each three (3) consecutive biweekly
pay period that will equal the regular hours of
the classification as defined in Article 1201.

3. Each “10” hour shift shall be inclusive of two rest
periods as defined in Article 1202 of this agreement.
Meal period(s) shall consist of 30 minutes in total with
19.6 minutes unpaid and 10.4 minutes paid for each
“10” hour shift.

4. Overtime shall be authorized time worked in excess of
scheduled hours as defined in #1 & 2 above.

5. Shift Premium, Weekend Premium and Responsibility
Pay shall be paid in accordance with the Collective
Agreement. Where an employee works a “10” hour
shift, evening and night premiums shall be paid on the
basis of hours worked. For the purpose of clarification
Evening Shift premiums shall be paid for any hours
worked between 1600 hours – 2400 hours. Night shift
premiums shall be paid for any hours worked between
2400 hours – 0800 hours. Rates paid will be in accordance
with Article 17.

6. The paid vacation entitlement received under the “10”
hour shift schedule pattern shall correspond exactly in
hours to the paid vacation entitlement on regular hours
(as defined in Article 1201) shift pattern.

7. An employee required to work on a General Holiday
shall be paid at the rate of one and one-half (1 ½ x)
times the basic rate of pay for scheduled regular hours
and in addition full-time employees shall receive an
alternate seven and three-quarters (7.75) hours day in
lieu at the basic rate of pay. All provisions of Article 13:
Overtime shall apply except for Article 1301. Article
1301 of the collective agreement is replaced by items #
1, 2 & 3 above for the purposes of this memorandum.

8. Income Protection shall be paid in accordance with the
scheduled shift hours.

9. In the administration of the Ten (10) Hour Shift
Memorandum, the provisions of Article 1206 a) do not
apply.

10. Where annual hours of work are other than 2015, the
hours as indicated above will be adjusted accordingly.

11. Upon a minimum of 60 days notice, the Employer or the
Association may discontinue the modified shift
schedule.

MEMORANDUM OF UNDERSTANDING #12

MEMORANDUM OF UNDERSTANDING #12

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: 12 HOUR SHIFT

Note: 12 hour shifts will only be implemented by agreement
between the Employer and the Association.

 

1. A “12” hour shift for employees working 7.75 hours
(2015 annual hours) will be 11.625 paid hours to be
scheduled at 12.25 hours.

2. There shall be twenty (20) regular “12” hour shifts in
each three (3) consecutive bi-weekly periods, or a
combination of “12” hour and regular shifts as defined in
Article 1201, during each three (3) consecutive biweekly
pay period that will equal the regular hours of
the classification as defined in Article 1201.

3. Each “12” hour shift shall be inclusive of two rest
periods as defined in Article 1202 of this agreement.
Meal period(s) shall consist of 60.0 minutes in total with
37.5 minutes unpaid and 22.5 minutes paid for each
“12” hour shift.

4. Overtime shall be authorized time worked in excess of
scheduled hours as defined in #1 & 2 above.

5. Shift Premium, Weekend Premium and Responsibility
Pay shall be paid in accordance with the Collective
Agreement. Where an employee works a “12” hour
shift, evening and night premiums shall be paid on the
basis of hours worked. For the purpose of clarification
Evening Shift premiums shall be paid for any hours
worked between 1600 hours – 2400 hours. Night shift
premiums shall be paid for any hours worked between
2400 hours – 0800 hours. Rates paid will be in accordance
with Article 17.

6. The paid vacation entitlement received under the “12”
hour shift schedule pattern shall correspond exactly in
hours to the paid vacation entitlement on regular hours
(as defined in Article 1201) shift pattern.

7. An employee required to work on a General Holiday
shall be paid at the rate of one and one-half (1 ½ x)
times the basic rate of pay for scheduled regular hours
and in addition full-time employees shall receive an
alternate seven and three-quarters (7.75) hours day in
lieu at the basic rate of pay. All provisions of Article 13:
Overtime shall apply except for Article 1301. Article
1301 of the collective agreement is replaced by items #
1, 2 & 3 above for the purposes of this memorandum.

8. Income Protection shall be paid in accordance with the
scheduled shift hours.

9. In the administration of the Twelve (12) Hour Shift
Memorandum, the provisions of Article 1206 a) do not
apply.

10. Where annual hours of work are other than 2015, the
hours as indicated above will be adjusted accordingly.

11. Upon a minimum of 60 days notice, the Employer or the
Association may discontinue the modified shift
schedule.

MEMORANDUM OF UNDERSTANDING #13

MEMORANDUM OF UNDERSTANDING #13

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

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

Actionmarguerite
Breast Health Centre
CancerCare Manitoba
Community Therapy ServiceS
Concordia Hospital
Corporate Programs – WRHA
Deer Lodge Centre – WRHA
Diagnostic Services of Manitoba
Health Sciences Centre – WRHA
Misericordia Health Centre
Northern Regional Health Authority (NEW)
Pharmacy Program – WRHA
Rehabilitation Centre for Children
St. Boniface Hospital
Seven Oaks General Hospital
Victoria General Hospital – WRHA
(hereinafter referred to as “the Employers”)

RE: ORGANIZATIONAL CHANGES – IMPACT ON THE
BARGAINING UNIT

As soon as reasonably possible after the employer makes a
decision to proceed with or has been advised that an
organizational change will occur that affects the bargaining
unit, including changes that affect the number of bargaining
unit members, it is agreed that the employer will outline to
the Association the scope, intent and details of the change to
enable the parties to enter into meaningful consultation on
relevant matters which shall include but not be limited to:

a) a process for advising members of the change including
content and timing;

b) the process by which the change will be implemented
including a labour adjustment strategy where the
number of bargaining unit members will be affected;

c) a process by which the Employer and the Association
will communicate throughout the change including a
point of contact for each party; and,

d) an opportunity for the Association to recommend
modifications to the change(s).

MEMORANDUM OF UNDERSTANDING #15

MEMORANDUM OF UNDERSTANDING #15

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: REDEPLOYMENT PRINCIPLES

1. PURPOSE:

1.1 The parties agree to work to develop employment
security strategies to reduce the negative impact on
employees affected by the restructuring of the
health services system. The parties agree to strive
towards consistency and timeliness in
implementing this Letter of Understanding.

1.2 It is agreed by the parties that this Letter of
Understanding shall work in concert with the
provisions of the applicable Collective Agreements
of the unions involved and shall be supplementary
to same.

1.3 All terms and conditions of Collective Agreements
and personnel policies and procedures of the
receiving facility shall apply to the incoming
employee except those terms and conditions of the
Collective Agreement that have been abridged by
this Letter of Understanding.

1.4 This Letter of Understanding governs the movement
of laid-off employees and/or the movement of
positions between bargaining units of the abovementioned
unions and employers.

1.5 For the purposes of this Letter of Understanding
“receiving agreement(s)” shall mean the Collective
Agreement applicable to the certified bargaining unit
which is the recipient of transferred positions/
employees. Conversely, the “sending agreement(
s)” shall mean the Collective Agreement
applicable to the certified bargaining unit where the
position/employee originated.

1.6 All particulars of job opportunities at receiving
facilities will be made available to the unions as they
become known to the above-mentioned employers.

1.7 “Central Redeployment List” means a list of
employees who have been laid-off from a
participating employer. Those on this list may
apply for and receive preferential consideration for
new and vacant in-scope positions at another
participating employer, as set out in 4.02 herein.

1.8 Manitoba Council of Health Care Unions (MCHCU)
will be provided with a copy of the Central
Redeployment List, with an updated list provided on
a continuing basis.

1.9 “Provincial Health Care Labour Adjustment
Committee” (hereinafter referred to as the
“Committee”) refers to the committee established by
an agreement commencing January 20, 1993
between The Government of Canada, The
Government of Manitoba, Manitoba Health
Organizations Inc., and Manitoba Council of Health
Care Unions.

 

2. SENIORITY:

2.1 Employees shall accumulate seniority according to
the terms of the applicable Collective Agreement.

2.2 Employees without a Collective Agreement shall not
have seniority rights.

2.3 Transfer of Seniority – The affected employer(s) and
affected union(s) shall meet to determine any
provisions for a transfer of seniority between
bargaining units.

 

3. TRIAL PERIOD:

4.1 Employees who move to a new bargaining
unit/employer may be required to serve a trial
period in accordance with the Collective Agreement
in the receiving facility. If unsuccessful in the trial
period, the employee shall return to the Central
Redeployment List and to the recall list of the
sending employer.

 

4. NEW AND VACANT POSITIONS:
All new and vacant in-scope positions shall be filled in
accordance with the terms of the Collective Agreement and
that bargaining unit, unless otherwise mutually agreed
between affected employers and affected bargaining
units/unions.

4.2 When a new or vacant in-scope position is not filled
by an internal employee as specified in 4.01, the
receiving facility within a region, as defined in
Appendix VII, shall give preferential consideration to
qualified applicants from the same region who are
on the Central Redeployment List.

If there are no applicants/no qualified applicants
from the same region, the receiving facility shall
provide preferential consideration to qualified
applicants from other regions who are on the
Central Redeployment List.

The following provisions shall apply in filling the
vacancy:

a) Employees on the Central Redeployment List
shall be listed in order of seniority [as per
“sending” Collective Agreement(s)];

b) subject to 4.01, selection shall be made from
applicants on the Central Redeployment List as
described above. Copies of the abovementioned
new or vacant in-scope position
postings will be sent as they occur to the
MCHCU and participating employers (process to
be established);

c) seniority shall be applicable to the selection in
accordance with the receiving Collective
Agreement;

d) in assessing an employee’s history only formally
documented material contained in the
employee’s personnel file will be considered;

e) receiving facilities job description applies vis-àvis
qualification requirements;

f) Once an employee has been permanently
redeployed and has completed the trial period
with a receiving employer, she/he shall
relinquish any recall rights to her/his former
employer unless she/he is laid off from the
receiving employer. Should an employee be
laid off from the receiving employer, she/he will
be placed back on the recall list with the sending
employer for the balance of time she/he would
have been on the recall list. She/he will also
have recall rights in accordance with the
Collective Agreement of the receiving employer
and be placed back on the Central
Redeployment List. For the purposes of the
Central Redeployment List, an employee’s
seniority shall be the cumulative seniority from
the original sending employer and the original
receiving employer.

 

5. TRANSFER OF SERVICE/MERGER/AMALGAMATION:

5.1 In the event of a transfer(s) of service/merger/
amalgamation, the affected employer(s) and unions
shall meet to determine whether employees should
have the opportunity to move with the service or
department to the receiving facility, to the extent
that such positions are available.

 

6. PORTABILITY OF BENEFITS:

The following benefits are portable:

6.1 Accumulated income protection benefits/sick leave
credits.

6.2 Length of employment applicable to rate at which
vacation is earned.

6.3 Length of employment applicable to pre-retirement
leave. NOTE: The Winnipeg Regional Health
Authority – Deer Lodge Centre Site limits payment
of pre-retirement leave to service acquired since
April 1, 1983. Incoming employees would retain
original service date for this purpose.

6.4 Length of employment for the purposes of qualifying
to join benefit plans, e.g., two (2) year pension
requirement.

6.5 Benefits – An incoming employee is subject to the
terms and conditions of the receiving facilities
benefit plans, however, normal waiting periods
would be waived, subject to the applicable benefit
plans’ terms and conditions.

6.6 Salary Treatments –

a) If range is identical, then placed step-on-step;

b) If the range is not identical, then placement will
be at a step on the range which is closest
(higher or lower) to the employee’s salary at the
time of layoff.

NOTE: No red-circling provision except for The
Winnipeg Regional Health Authority – Deer Lodge
Centre Site employees who were guaranteed
provisions as contained in the “Transfer
Agreements” for the 1983 and 1987 transfer from
federal to provincial jurisdiction and for whom the
red-circling provisions were in place prior to the
inception of this Letter of Understanding.

 

6.7 Upon hire of an employee from the Central
Redeployment List, the receiving employer agrees
to confirm in writing to the employee all benefits,
including seniority where applicable, which were
transferred from the sending employer under this
Letter of Understanding.

 

7. OTHER CONDITIONS:

7.1 Hours of service since last increment is not portable
for purposes of calculating next increment, if
applicable.

7.2 Salary and vacation earned to date to be paid out
by sending employer.

7.3 Banked time including overtime bank, stat bank, to
be paid out by sending employer.

 

8. TRAINING:

8.1 The parties agree that provisions for training will be
dealt with by the Committee.

 

9. ADMISSION OF NEW MEMBERS:

9.1 The parties hereby authorize the Committee to
admit new signatories as participating employers or
participating unions in such manner and upon such
terms as the Committee in its discretion deems
appropriate without the necessary consultation or
agreement with existing signatories. Upon
admission to this agreement such new signatories
will have the same rights and obligations as
existing participating unions and participating
employers, effective the date of such admission.

 

10. ACCEPTANCE OF LETTER OF UNDERSTANDING:

10.1 Signatories to this Letter of Understanding agree to
accept this letter without amendment. Any
subsequent amendment to the Letter of Understanding
shall only be implemented if approved
pursuant to Article 19.

 

11. DURATION

11.1 This Letter of Understanding shall be in full force
and effect for an indefinite period commencing the
date of signing. In the event that any one of the
parties signatory to this Letter of Understanding
wishes to terminate its participation in this Letter of
Understanding it shall give sixty (60) days written
notice to the Committee and to the appropriate
bargaining agent or Employer in respect of its
collective agreement. Such termination shall not
invalidate this Letter of Understanding as affects the
other signatories except for the specific Employer or
bargaining agent that is party to the relevant and
affected collective agreement.

 

12. AMENDMENTS:

12.1 Amendments to this Letter of Understanding shall
be effective if passed by the Committee after
consultation with the signatories to the Letter of
Understanding as outlined herein. All signatories
shall receive a copy of the proposed amendment(s).
Each signatory shall have thirty (30) calendar days
during which to express its concerns (if any) about
the proposed amend-ment(s). Any unresolved
concerns must be reconciled by the respective
employer/labour caucus prior to a Committee vote
being conducted. If there are no concerns raised by
signatories to the proposed amendments the
Committee shall be empowered to implement the
amendment(s).

 

13. APPEAL PANEL:

13.1 Should a dispute(s) arise between a participating
union(s) and a participating employer(s) regarding
the application, interpretation or alleged violation of
this Letter of Understanding, the parties concerned
shall meet and attempt to resolve the dispute(s)
through discussion.
Should the dispute remain unresolved, any party to
the dispute may refer the matter(s) to an Appeal
Panel composed of:

  • Two (2) persons from Participating Employers who
    are not directly involved in the dispute;
  • Two (2) persons from the Participating Unions
    who are not directly involved in the dispute.

The Appeal Panel shall set its own procedures for
hearing the dispute and may accept any evidence
that it deems appropriate.

Only lay advocate(s) shall be utilized by each party
to the dispute in the presentation of its case.
The Appeal Panel shall make every effort to
mediate the dispute to resolution.

Should efforts to mediate fail, the Appeal Panel
shall submit its written recommendation(s) for
settlement to the parties concerned, within fourteen
(14) calendar days.

Any dispute under the Letter of Understanding shall
not be resolved by grievance or arbitration pursuant
to the collective agreement. The Appeal Panel is
intended to be the only vehicle for resolution of such
disputes.

This Letter of Agreement confirms that the above-named
parties have ratified the Letter of Understanding on
Redeployment Principles, which is appended to and forms
part of this Letter of Agreement.

MEMORANDUM OF UNDERSTANDING #16

MEMORANDUM OF UNDERSTANDING #16

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: REPRESENTATIVE WORKFORCE

 

The parties understand that Aboriginal persons are
significantly underrepresented in the health care labour force
and that additional actions are needed to promote and
facilitate employment of Aboriginal persons in health care
occupations at all levels. It is therefore mutually agreed that
undersigned parties will work in cooperation to:

a) Develop strategic initiatives and programs that:

  • Foster mutual respect, trust, fairness, open communication
    and understanding;
  • Focus on recruiting, training and career development of
    Aboriginal workers;
  • Identify workplace barriers that may be discouraging or
    preventing Aboriginal workers from entering and remaining
    in the workforce;
  • Facilitate constructive race and cultural relations;

b) Promote and publicize initiatives undertaken to encourage,
facilitate and support the development of a representative
workforce;

c) Implement education opportunities for all employees to
promote cultural awareness of Aboriginal peoples. This will
include enhanced orientation sessions for new employees
to ensure better understanding of respectful work practices
to achieve a harassment free environment.

MEMORANDUM OF UNDERSTANDING #17

MEMORANDUM OF UNDERSTANDING #17

between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: INCREASE OF EFT

Notwithstanding Article 10 the EFT of a part-time employee
may be increased in accordance with the following process:

The parties agree that it may be of mutual benefit to the
employees and the Employer to allow part-time employees,
who request to do so, to increase their EFT.

a) Requests to permanently increase EFT’s shall be made
in writing by part-time employees at a date determined
by the Employer. The employees shall indicate the
maximum EFT to which they wish to increase.

b) An employee may increase her/his EFT up to a 1.0
EFT.

c) In considering requests, the Employer in consultation
with the Association shall consider such factors as
current EFTs, shift assignments, shift schedules, the
department/program(s) needs and the requirements of
Article 12. If the requests by employees within a
department/program exceed the availability within that
department/program as determined by the Employer,
the Employer shall offer in order of seniority. The final
determination shall be made no later than sixty (60)
days after receipt of all written requests as outlined in
a).

d) A part-time employee shall not be permitted to increase
her/his EFT while other employees are on layoff from
that department/program unless such laid off
employees have been recalled or have declined recall.

e) Where any request to change EFT has been approved,
the Employer shall issue a letter to the employee
confirming the employee’s new EFT in accordance with
this Collective Agreement along with an effective date.

f) Copies of all requests and responses to requests to
adjust EFT shall be provided to the Association.

g) Any changes to shift patterns as a result of changing
EFT’s shall be done in accordance with the provisions
of Article 12 and any pre-approved vacation will be
honoured in the new schedule unless otherwise
mutually agreed between the Employer and the
employee.

h) The Employer is not prevented from exercising any of
its normal management rights as a result of this
Memorandum of Understanding including, without
limitation, the right to post vacant positions.

For the duration of this Collective Agreement, the Employer
and the Association shall meet on or before May 31st
annually to determine if they wish to repeat the EFT
adjustment process in the following year. There must be
mutual agreement to repeat this process.

MEMORANDUM OF UNDERSTANDING #18

MEMORANDUM OF UNDERSTANDING #18

between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: OVERPAYMENTS

 

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

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

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

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

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

Employee Benefit Forms / Under Deduction
An employee failing to submit their benefit and/or pension
forms on a timely basis or to ensure appropriate notification
prior to a return from leave of absence may result in an
under deduction.

In order to initiate or maintain continuity of benefits and
pension contributions, under deductions will be corrected as
soon as possible with the Employer and the employee
making their required contributions.

An under deduction shall not be deemed an overpayment.

Failure to do so may negate the availability of these benefits to
the employee or may result in the employee having to provide
evidence of proof of insurability to the benefit
provider.

MEMORANDUM OF UNDERSTANDING #19

MEMORANDUM OF UNDERSTANDING #19

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: APPENDIX “A” CLASSIFICATIONS

 

The parties agree to maintain the current Appendix “A” in the
collective agreement and further agree to review the
appropriateness of the contents of Appendix “A” –
Classifications as part of the implementation of the (new)
Allied Health Classification Structure.

MEMORANDUM OF UNDERSTANDING #20

MEMORANDUM OF UNDERSTANDING #20

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: HEALTH SYSTEM SUSTAINABILITY

 

WHEREAS the Manitoba Government seeks to ensure that
quality health care services are delivered to Manitobans
through a system which is, to the fullest extent possible,
sustainable, accessible, cost-effective, efficient and effective;

AND WHEREAS health care professionals employed in the
professional technical sector are an integral part of the
delivery of health care services in facilities, programs and
communities throughout the province, and have a shared
commitment and responsibility for the provision of
appropriate, quality health care to Manitobans;

AND WHEREAS the Employers are responsible for the
provision of health care services and programs for
Manitobans, and as such seek to attract and retain qualified
health care professionals to deliver health care services
within the health care system;

AND WHEREAS the MAHCP recognizes the role that their
members play in supporting the responsible use of
healthcare resources, and as such will advocate for and
support their members in meeting professional obligations to
patients, clients and the healthcare system as a whole;

AND WHEREAS the Parties recognize that it is in the best
interest of the health care system to have all parties working
together towards these mutual goals, and the Parties wish to
enter into this Memorandum of Understanding to work
towards the achievement of these goals through
collaborative discussions;

NOW THEREFORE The parties do hereby agree to work
together with Manitoba Health, Healthy Living and Seniors
(MHHLS) and other health system stakeholders, during the
term of the collective agreement, to make recommendations
regarding the identification, development and implementation
of system delivery changes that are intended to improve
the effectiveness and sustainability of health care service
delivery in Manitoba.

Matters that will be considered will include but are not limited
to:

a) Restructuring of services to increase access and
reduce wait times within the health care system;

b) Improvement of scheduling practices within the
system;

c) Focusing on safe practices and reduction of
WCB injuries;

d) Ensuring the skill sets of employees are used to
maximum effect in the delivery of quality health
care services;

e) Use of technology to improve service delivery;

f) Establishment of joint on call structures to allow
for the optimization of services;

g) Implementation of expanded hours of services to
enhance services on weekends, allow greater
access to specialized test procedures and use of
specialized diagnostic equipment;

h) Establishment of employee relief pools.

The Parties will commit the necessary time, resources and
expertise to this work during the term of the collective
agreement.

MEMORANDUM OF UNDERSTANDING #21

MEMORANDUM OF UNDERSTANDING #21

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: RECRUITMENT AND RETENTION COMMITMENT

 

In recognition of a commitment from MAHCP to support the
efforts and process towards achieving health system
sustainability initiatives, as referenced in the MoU re Health
System Sustainability, the Manitoba Government commits
the following funds to be distributed to the defined list of
classifications as identified below in an effort to respond to
existing recruitment and retention challenges.

– Effective April 1, 2016 $1.5 M to be available for distribution
– Effective April 1, 2017 $1.5 M to be available for distribution

The defined list of classifications that will be eligible to
receive a salary adjustment through this process is as
follows:

  • Cardiology technologists
  • MRI technologists
  • Sonographers
  • Echosonographers
  • Occupational therapists
  • Respiratory therapists
  • Physiotherapists
  • Audiologists
  • Speech pathologists

The allocation and distribution of these recruitment and
retention dollars will be as mutually agreed by a Committee
that will contain no more than 5 representatives of the
MAHCP and their members, and no more than 5
representatives of the PHLRS and the Employers
representing all MAHCP Employers at this Central Table.

The Joint Committee will take into consideration relevant
criteria including the following:

a) Service delivery impacts;
b) Vacancy rate analysis;
c) Recruitment/retention issues analysis;
d) Salary and market conditions

The above referenced Joint Committee will commence within
90 days of ratification and the determination of the allocation
and distribution will be as determined by the Joint
Committee.

MEMORANDUM OF UNDERSTANDING #22

MEMORANDUM OF UNDERSTANDING #22

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: MAHCP STANDARDIZATION PROCESS

The Employer will commit $1 M to be allocated between April
1, 2016 and March 31, 2017 for the standardization and rate
adjustments for the specific classifications listed:

  • Social Workers
  • Pharmacy Assistants
  • Dietitians (includes all employees in the dietician
    classification such as diabetes education)

The allocation and distribution of these standardization
dollars will be as mutually agreed by a Committee that will
contain no more than 4 representatives of the MAHCP and
their members, and no more than 4 representatives of the
PHLRS and the Employers representing all MAHCP
Employers at this Central Table. The above referenced
Committee will commence within 60 days of ratification and
the determination of the allocation and distribution will be
resolved and finalized no later than September 30, 2016.

MEMORANDUM OF UNDERSTANDING #27

MEMORANDUM OF UNDERSTANDING #27

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM – HEALTH SCIENCES
CENTRE, CONCORDIA HOSPITAL, DEER LODGE
CENTRE AND VICTORIA GENERAL HOSPITAL SITES

and
MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: PHARMACISTS ARTICLE 905

 

Where a Pharmacist has successfully completed an
employer recognized Hospital Residency Program, she shall
be deemed to have two years of equivalent full-time
experience for the purpose of applying Article 905.

MEMORANDUM OF UNDERSTANDING #28

MEMORANDUM OF UNDERSTANDING #28

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM –
DEER LODGE CENTRE SITE

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: FEDERAL GOVERNMENT PENSION AND BENEFIT
PLANS

 

The Employer and the Association agree that any employee
who transferred employment from the Federal Civil Service
to Deer Lodge Centre prior to April 1, 1983, and who is
currently participating in the Government of Canada and
other benefit plans, will continue to be grandfathered to
those plans for the duration of their employment.

MEMORANDUM OF UNDERSTANDING #30

MEMORANDUM OF UNDERSTANDING #30

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM – HEALTH SCIENCES
CENTRE SITE

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

PHARMACISTS (FORMERLY MGEU) RE: WORK
EXPERIENCE STUDENTS

 

The Centre and the Union agree that work experience
students would not affect the hours of work of any member
of the bargaining unit.

MEMORANDUM OF UNDERSTANDING #31

MEMORANDUM OF UNDERSTANDING #31

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM –
VICTORIA GENERAL HOSPITAL SITE

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: ALLOCATION OF OVERTIME SHIFTS- PHARMACY
ASSISTANT/ PHARMACY TECHNICIAN

It is the understanding of the parties that the following
guidelines shall apply:

Where overtime hours are required, the employer shall
approach employees within the classification who are
currently in the facility. On the basis of seniority, overtime
shall be offered to the most senior volunteer employee in the
classification.

When overtime hours are required, and there is no volunteer
employee in the facility, the hours are assigned, as per
Article 14.04 of the Collective Agreement, to the most junior
employee in the classification, on duty, that is qualified

MEMORANDUM OF UNDERSTANDING #32

MEMORANDUM OF UNDERSTANDING #32

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM –
DEER LODGE CENTRE SITE

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: PHARMACISTS REGISTRATION AND LICENSURE
FEES

 

The Centre agrees to pay annual registration and licensure
fees for Pharmacists employed prior to August 1, 1984 to
maintain their professional standing.

MEMORANDUM OF UNDERSTANDING #33

MEMORANDUM OF UNDERSTANDING #33

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM –
VICTORIA GENERAL HOSPITAL SITE

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: TRAINING AND EDUCATION FUND

 

Where the Hospital participates in the MacLean Fortier study
or other pharmaceutical study, the pharmacists shall
complete the data required on their own time and shall be
responsible for the necessary paperwork to be completed.
The Employer and the Association representatives shall
jointly develop guidelines for the administration of the joint
trust fund to be utilized for purposes such as courses,
seminars, textbooks, journals and similar professional
development.

The parties agree that such participation shall not be
unreasonably terminated.

MEMORANDUM OF UNDERSTANDING #34

MEMORANDUM OF UNDERSTANDING #34

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: ARTICLE 18 ANNUAL VACATION

 

The Employer and the Association agree that the vacation
year as identified in Article 18, will become April 1st to March
31st effective March 31st, 2012. Therefore, in the 2012/2013
vacation year, employee’s vacation entitlement will be based
on years of service in accordance with Article 18. Vacation
pay for the 2012/2013 vacation year will be adjusted by
increasing the annual vacation pay by a factor of 1/11th of the
vacation pay accrued from May 1, 2011 to March 31, 2012
up to a maximum of a full-time equivalent entitlement.

e.g. Employee A is earning vacation at the 20 day accrual
rate. The vacation year began on May 1, 2011 and would
normally end on April 30, 2012. With the new vacation year
end as of March 31, 2012, Employee A has only earned
18.33 days of vacation pay. On March 31, 2102, Employee
A’s vacation bank will be adjusted to reflect a total of 20
vacation days which would be available for Employee A to
take during the vacation year of April 1, 2012 to March 31,
2013.

If Employee A quits/resigns/retires from their position on or
before March 31, 2013, the vacation bank payout would be
18.33 vacation days or such lesser amount as would be
dependent on the actual termination date and would not be
eligible for the vacation adjustment amount.

MEMORANDUM OF UNDERSTANDING #35

MEMORANDUM OF UNDERSTANDING #35

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM –
CONCORDIA HOSPITAL SITE

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: MODIFIED WEEKEND AND GENERAL HOLIDAY 12
HOUR SHIFT

 

1. A “12” hour shift for Pharmacists working 7.75 (2015
annual hours) will be 11.625 hours.

2. Pharmacists working 2 – 12 hour weekend and general
holiday shifts shall be adjusted off using 3 regular shifts as
defined in Article 1201.

3. Each “12” hour shift shall be inclusive of two rest periods
as defined in Article 1202 of this agreement. A meal period
shall consist of 22.5 minutes paid in total for each 12-hour
shift.

4. Pharmacists working a modified weekend and general
holiday “12” hour shift must remain on site throughout the
duration of the shift.

5. Overtime shall be authorized time worked in excess of
scheduled hours as defined in #1 above and in keeping
with the provisions of Article 1304.

6. Shift premium and weekend premium shall be paid in
accordance with the Collective Agreement. Evening
premium shall be paid after 1445 hours for a shift that
begins at 0700 hours.

7. The paid vacation entitlement under this “12” hour
weekend and general holiday shifts shift schedule pattern
shall correspond exactly in hours to the paid scheduled
shift hours.

8. An employee required to work on a General Holiday shall
be paid at the rate of one and one-half (1 ½ x) times the
basic rate of pay for scheduled regular hours and in
addition full-time employees shall receive an alternate
seven and three-quarters (7.75) hours day in lieu at the
basic rate of pay. All provisions of Article 13: Overtime
shall apply except for Article 1301. Article 1301 of the
collective agreement is replaced by items #1, 2 & 3 above
for the purposes of this memorandum.

9. Income protection shall be paid in accordance with the
scheduled shift hours.

10. In the administration of this “12” hour weekend and
general holiday shift memorandum, the provisions of
Article 1206 a) do not apply.

11. Upon a minimum of 60 days’ notice, the Employer or
Association may discontinue the modified shift schedule.

MEMORANDUM OF UNDERSTANDING #36

MEMORANDUM OF UNDERSTANDING #36

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

RE: PHARMACY ASSISTANTS

 

1. Staff employed as a Pharmacy Technician as of
January 1, 2014 and paid under the Pharmacy
Technician classification will be called Pharmacy
Assistant and paid under a new classification
called Pharmacy Assistant. The wage scale for the
Pharmacy Assistant classification will be the same
as the wage scale in place for the Pharmacy
Technician.

2. The position and classification of Pharmacy
Technician will remain in the collective agreements
along with any definitions and references to a
Pharmacy Technician.

3. If an Employer utilizes the position of Pharmacy
Technician in the future, the position shall fall
under the classification of Pharmacy Technician
and it is agreed that a material change in job
content will have occurred requiring a new wage
scale to be established for the Pharmacy
Technician classification in accordance with the
provisions in Article 7 of the Collective Agreement.

MOU MASTER SIGNATURE PAGE

COLLECTIVE AGREEMENT

Between

THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

And

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

This document shall serve as the master signature page for
the MOU’s included as part of this Collective Agreement and
as listed below.

 

April 1, 2014 to March 31, 2018

 

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

 
 
 

Employment Security #1
Transfer of Service/Mergers/Amalgamation/Consolidation #2
Provincial Health Care Labour Adjustment #3
MAHCP Provincial Technical/Professional
Recruitment/Retention Planning Committee #4
Grievance Investigation Process #5
Educational Deferred Salary Leave Plan #6
Portability #7
Recruitment and Selection Process #9
Regarding Article 2515 #10
Ten (10) Hour Shift #11
Twelve (12) Hour Shift #12
Organizational Changes – Impact on the Bargaining Unit #13
Redeployment Principles #15
Representative Workforce #16
Increase of EFT #17
Overpayments #18
Appendix “A” Classifications #19
Health System Sustainability #20
Recruitment and Retention Commitment #21
MAHCP Standardization Process #22
Pharmacists Article 905 (HSC, CH, DLC, VGH only) #27
Federal Government Pension Benefit Plans (DLC only) #28
Pharmacists (Formerly MGEU) Re: Work Experience Students
(HSC only) #30
Allocation of Overtime Shifts – Pharmacy Technician (VGH
only) #31
Pharmacists Registration and Licensure Fees (DLC only) #32
Training and Education Fund (VGH only) #33
Article 18 – Annual Vacation #34
Modified Weekend and General Holiday 12 Hour Shift
(Concordia only) #35
Pharmacy Assistants #36

Schedules

SCHEDULE “A” MAHCP - THE WINNIPEG REGIONAL HEALTH AUTHORITY REGIONAL PHARMACY PROGRAM

MAHCP – THE WINNIPEG REGIONAL HEALTH AUTHORITY
REGIONAL PHARMACY PROGRAM

SCHEDULE “A”

 

April 1, 2014 – 1.5%
April 1, 2015 – 1.5%
April 1, 2016 – 2.0%
April 1, 2017 – 2.0%

 

In addition, should subsequent collective agreements covering Health Care
Sector Professional/Technical employees as represented by another health care
Union provide for a higher salary settlement for any classification than that
negotiated for the same MAHCP classification, such higher salary will be applied
to the same MAHCP classification effective the same date. In the event that
another Health Care Union representing Professional Technical employees
achieves a general increase to its membership that is greater than that provided
to the MAHCP membership that increase will be applied to MAHCP members
effective the same date as it is applied to the other Union. This applies to
collective agreements with an expiry date of March 31, 2018.

The parties agree to discuss amending the classifications by site as may be
required due to changes during the life of the agreement.

Long Service Step

 

# 1 Effective October 1, 2012, a Long Service Step equivalent to two percent (2%) shall be
added to Schedule A. Employees shall be eligible for the Long Service Step identified in
Schedule A upon completion of the following:

(i) Twenty (20) or more years of continuous service; and

(ii) The employee has been at the maximum step of their salary scale for a minimum of 12
consecutive months.

 

# 2 Employees who do not meet the above criteria on October 1, 2012 shall be eligible for the

Long Service Step on the employee’s anniversary date in which the employee meets both conditions outlined in # 1 above.

Note: For the purpose of # 1 and # 2 continuous service shall be calculated based on calendar years of service.

SCHEDULE "B" ACADEMIC ALLOWANCES

SCHEDULE “B”

ACADEMIC ALLOWANCES

 

The Employer shall pay the following non-cumulative amounts
in addition to the salaries as per Schedule A, provided such
academic attainment is relevant to the position held, is from an
accredited institution, and is not a qualification for the position:

  • Advanced certification in the appropriate field
    $100.00 per month [prorated on an hourly basis]
  • Bachelor of Science degree
    $100.00 per month [prorated on an hourly basis]
  • Masters degree
    $150.00 per month [prorated on an hourly basis]
  • Fellowship or Licentiate
    $200.00 per month [prorated on an hourly basis]
  • Doctoral degree
    $300.00 per month [prorated on an hourly basis]
    Applicable to Cytogenetics Technologists:
  • RT …..
    $50.00 per month [prorated on an hourly basis]

 

Note: Notwithstanding the above, the Employer confirms that
academic allowances currently paid to existing employees,
effective July 17, 2000 shall not be discontinued or reduced for
the duration of that employee’s employment, unless
specifically negotiated at a later date.

SCHEDULE "C" – Units of Organization

SCHEDULE “C” – Units of Organization

REVISED SCHEDULE “A” PAY SCALES

Appendix

APPENDIX “A” CLASSIFICATIONS

APPENDIX “A”

CLASSIFICATIONS

 

* The list will be reviewed and completed during the life of the
agreement.
________________________________________________

Pharmacy Technician – An employee who is a graduate of
an approved training program and performs functions as
delegated by a Pharmacist in accordance with established
legislation, policies, and procedures.

APPENDIX “B” ABBREVIATIONS

APPENDIX “B”

ABBREVIATIONS

The list will be reviewed and completed during the life of the agreement.

AC (NM) – Advanced Certification in Nuclear Medicine
(certified by and currently registered with CAMRT).

ARCT – Advanced Registered Cardiology Technologist
(certified by & currently registered with CSCT)

COTM – Association of Occupational Therapists of Manitoba

ART – Advanced Registered Technologist (certified by & currently registered with CSMLS)

BSc – Bachelor of Science

CAET – Canadian Association of ElectromyographyTechnologists

CAMRT – Canadian Association of Medical Radiation Technologists

CBRET – Canadian Board of Registered ElectroencephalographTechnologists

CPM – College of Physiotherapists of Manitoba

CSCT – Canadian Society of Cardiology Technologists

CSMLS – Canadian Society of Medical Laboratory Sciences

EEG – Electroencephalograph

EKG/ECG – Electrocardiograph

EMG – Electromyograph

FCAMRT – Fellowship (certified by & currently registered with CAMRT)

MSc – Masters of Science

PhD – Doctorate

RET – Registered Electroencephalograph Technologist
(certified by & currently registered with CBRET)

RRC – Red River College

RTNM – Registered Technologist in Nuclear Medicine
(certified by & currently registered with CAMRT)

APPENDIX “C” HOURS OF WORK

APPENDIX “C”

HOURS OF WORK

 

Amendments are to be made to line up with existing
classifications and hours of work in each Employer Collective
Agreement.

Important Phone Numbers

IMPORTANT PHONE NUMBERS

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

Manitoba Blue Cross (204) 775-0151

Canada Pension Plan Community Unemployed 1-800-277-9914

Help Centre (204) 942-6556 / 1-866-942-6556

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

Human Rights Commission (204) 945-3352

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

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

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