I Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 361 and Frontenac Youth Services DURATION: April 1, 2017 - March 31, 2018 #/'\. OPSEU 11/LJsEFPO Uncontrolled copy of 3-361-5044-20180331-15 CA Sector 15 3-361-5044-20180331-15
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between Assistance/624... · 14.05 Camping Trips ... Letter of Understanding -Summer Layoff Process ... and there shall be no Union activity, solicitation for
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I
Collective Agreement
between
Ontario Public Service Employees Union on behalf of its Local 361
21.01 Bulletin Boards .................................................................................... 35 21.03 Access to Personnel Records ........................................................... 36 21.05 Adverse Records ..................................................................... 36 21.06 Printing of Agreement ....................................................................... ~ .. 36 21.07 Pension Contributions ........................................................................ 37 21.08 Orientatio{l ............................................................. -.............................. 37 21.09 Terminati.dn ......................................................................................... 37
ARTICLE 22 - CONTRACTING OUT ................................... ~ ........................... 38
ARTICLE 23 - DURA Tl~N ····································~····················•······························· 38 SCHEDULE A -WAGEiRATES - SALARY NOTES .................................................. 39 SCHEDULE B - JOB SHARING AGREEMENT ......................................................... 40 SCHEDULE C- CONTRACT, PART-TIME, CASUAL EMPLOYEES ......................... 42 Letter of Understanding- Return Ticket Program .................................................. 44 Letter of Understanding- Violence in the Workplace ............................................. 46 Letter of Understanding- OPSEU Pension Trust .................................................... 47 Letter of Understanding- Labour/Management Relations Co,mmittee ................. 48 Letter of Understanding - Summer Layoff Process ............. : ........................... 49
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ARTICLE 1- PURPOSE
1.01
1.02
It is the purpose! of this agreement to promote and improve relations between the
Employer and those of its Employees who are represented by the Union, and to set forth
the terms and conditions of employment of such Employees, and to deal with the
relationship concerning other matters as between the parties.
"Employee" as us~d in this agreement shall mean the persons described in the bargaining
unit set forth in clause 2.01.
ARTICLE 2 - RECOGNITION , ·
2.01
2.02
The Employer recognizes the Union as the sole and exclusive bargaining agent of all
employees of Frontenac Youth Services, employed in the Region of Durham, save and
except supervisors and persons above the rank of supervisor, senior clinicians, the
Account/Administrator, the executive secretary and receptionist.
Definitions
Full time employees are those employees· who are working a full time equivalent.
Permanent Part Time employees are those employees who are employed at regular
scheduled hours less than 1.0 FTE. When a permanent part-time works regularly more
that twenty-four (24) hours they will receive health and dental benefits. Entitlements will '
be prorated based: on their FTE.
Contract employees are hired on a temporary basis for backfilling for approved leaves of
absence. Long-term contracts are those contracts exceeding six (6) months. Short-term
contracts are for six (6) months or less.
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2.03
Casual relief are those employees workiflg on an as needed basis. Hours to be up to
twenty-four (24) per week or forty-eight ( 48) hours in a two week pay period.
Employees who are not bargaining unit members shall not perform bargaining unit work,
save and except, during emergency situations and when bargaining unit employees are not
available.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01
3.02
Management of, ~pd the direction of the Employees are ve~ted in the Employer and shall
not in. any way beiabridged except as specific restrictions are set forth in this agreement.
The Union acknowledges that it is the exclusive function of the Employer to: !
(a) Maintain order, discipline and efficiency; to establish and enforce reasonable rules;
(b) Hire new Employees, classify, direct, promote, demote, transfer, assign shifts,
discipline, suspend and discharge Employees, and to increase and decrease the
working forces, provided that a claim by an Employee that he has been discharged or
otherwise disciplined without just cause may become the subject of a grievance and
be dealt with as hereinafter provided;
(c) Generally to manage the enterprise in which the Employer is engaged and, without
restricting t~e generality of the foregoing, to determine the schedules of work; when
overtime shall be worked; the means of performing work; job content and
requirement; the qualifications of Employees; and to establish policy and
procedures for the efficient conduct of its business.
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The Employer shall exercise its rights in a manner that is cor:isistent with the terms of this L.
agreement. ..
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' ARTICLE 4 - UNION REPRESENTATION
4.01
4.02
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Negotiating Committee
The Employer agrees to recognize a Negotiating Committee consisting of six (6) bargaining
unit Employees. The Committee will be representative, as much as possible, of both the
full-time and part-time employees and a cross-section of the positions within the
bargaining units. The Committee shall have the right to have the assistance of full-time ' '.
representatives of the Union when negotiating with the Employer. The Employer agrees to
pay Employee members of the Negotiating Committee for time spent during their regular
working hours in negotiation with the Employer, including conciliation.
Union Stewards
The Employer a~rees to recognize up to six (6) Stewards to assist Employees in the
presenting of grievances in accordance with the grievance procedure. Stewards, after first
obtaining permis~i1on from their supervisor, which permission shall not be unreasonably
withheld, will be p~rmitted at reasonable times during working hours to leave their regular
duties to perform· their functions. When returning to their regular duties, the Steward(s)
shall notify their supervisor. Steward(s) shall be compensated for the time so taken when it
is during their regular working hours. The Employer reserves the right to limit such time if
it deems the time so taken to be excessive.
ARTICLE 5 - LABOUR/MANAGEMENT RELATIONS COMMITTEE
5.01 A Labour/Management Relations Committee (LMRC) .will be comprised of equal
representation (three (3)) from both the Employer and the Union. The Union
representatives to the LMRC shall be elected or appointed by the union for a two (2) year
term.
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5.02
5.03
5.04
5.05
The Committee shall meet for the purpose of discussing all matters of mutual concern.
If deemed necessary by either the Employer or the Union, a committee meeting may be
called. The party who calls the meeting shall ensure that all members shall receive a notice 1 I
of the meeting atileast one (1) week in advance of such meeting. If both parties mutually l ' ~
agree, additional meetings may be held. ·
The Committee shall not have jurisdiction over wages, or any matter of collective
bargaining, including the administration of the collective agreement.
The Committee shall not supersede the activities of any other Committee of the Union or
the Employer and does not have the power to bind either the Union or its members or the
Employer to any decisions or conclusions reached in their discussions.
The Committee shall have the power to make recommendations to the Union and the
Employer with respect to discussions and conclusions. Time spent by Employees in
carrying out the (unctions of the Committee shall be considered to be time worked. J
ARTICLE 6 - NO DISCRIMINATION
6.01
6.02
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The Employer an'd the Union agree that there shall be no discrimination, interference, . I
restriction, coercion, or intimidation exercised or practised by any of their representatives
or agents against any Employee because of the Employee's membership or
non-membership in the Union, and there shall be no Union activity, solicitation for
membership, or collection of dues on the Employer's premises during working hours except ;
with the permission of the Employer or as specifically provided for in this Agreement.
The Employer and Union recognize the inherent dignity, worth and rights of each
individual. The parties agree to maintain a workplace where behaviour that contravenes the ! .
Ontario Human Rights Code, Employment Standards Act, Labour Relations Act or the
Occupational Health and Safety Act of Ontario is not condoned. To these ends, the
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6.03
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Employer agrees to maintain a policy with respect to no har~ssment in the workplace which I
is accessible to all employees.
The Employer and the Union agree that there shall be no discrimination contrary to the
Ontario Human Rights Code against any Employee because of race, ancestry, place of
The Policies involved in Job Sharing are as follows:
Participating in a job sharing agreement is completely voluntary and no person shall be made
to share a position against his/her wishes.
Any position considered for job sharing will remain in the staff complement as a permanent,
full-time position.
Two union members would then share this position on. a 50/50 basis, including all terms of
employment (e.g. hqurs worked) and Employee benefits (e.g. vacation) as determined by the
Collective Agreement.
The salary of the job partners must be in the same range and ,have coinciding minimum and
maximum pay points.
If one member in a job sharing position resigns, the remaining staff person would be given
the opportunity to assume the position on a full-time basis. If this person does not wish to
work on a full-time basis, the position would be posted and advertised as a job-sharing
vacancy.
If this vacancy cannot be filled and the job sharing position remains vacant, the complement
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7.
8.
would then revert to .a full-time vacancy.
(a) Similarly, if a union member approaches management with a request to assume a
job sharing position, the other half of the job sharing complement would be
advertised .. If, however, this position cannot be filled, the position would remain as
a full-time position.
(b) In this instance, item 5 does not apply. A new Employee hired to fill a job-sharing
position cannot assume a full-time position. In this case, if the original member
who requested the job sharing position resigns, the position would be posted and
advertised as a full-time vacancy.
Members having entered into a job sharing position would retain full rights under the
Collective Agreement.
9. When one job sharing partner is ill or on vacation, the other partner must not be obliged to
cover for the other partner except at the remaining partner's option.
10. Job share partners must continue to work enough hours to;ensure their continued right to
unemployment insurance benefits.
Signed at OsbauJcl this l- day of _._M_r_.l(_{__.;_11 ______ .2018.
For the Union
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SCHEDULE "C"
CONTRACT, PART-TIME AND CASUAL EMi>LOYEES
The following entitlements to wages and benefits are applicable to Casual Relief,
Contract, (Short and Long-Term) and Part-time employee (less than 24 hours per
week).
Night Asleep
Night Awake ; ,•
Step 1
$16.92
$11.65
$14.50
Step 2 (2000 hours) Step 3 (4000 Hours)
$17.35 $17.77
The movement to the next step on the grid is based on 2000 hours worked for Grid Step 2 and 4000 hours worked for Grid 3. Hours will be calculated based on certification date of June 2011. ·
Long-Term Contract employee (6 months or more) shall be entitled to one (1) sick day per month and Short Term Contract employees (less than 6 months) shall be entitled to 0.5 sick days per month for legitimate illness. Unused sick time shall be accumulated for future use until the end of the contract.
If an employee of Frontenac Youth Services is initially hired, for a contract that is less than six (6) months but here is an extension of that contract, the employee shall be placed at Step 1 in the wage grid of that position, if it is a higher rate of pay that his/her home position, at the six (6) month mark.
If an employee of Frontenac Youth Services is hired for a contract that is more than six (6) months or ought reasonably be known to be more than six (6) months, the employee shall be placed at Step 1 in the wage grid, fit is higher rate of pay than his/her home positions.
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Request for medical certificate by employer shall be under Article 18.04 (b)
Statutory holidays and vacation pay shall be paid as per ErI':ployment Standards Act.
Casual Relief Minitrium Hours
Casual employees ~re required to work a minimum of twenty-four (24) hours in any two (2) month period, where shifts are available. Failure to maintain the minimum hours will result in the termination of employment of a casual employee and loss of seniority hours.
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The Casual Relief, ·Contract (short or long-term); and Part-Time employees (less than 24 hours) are not covered by the following Articles of the Collective Agreement:
Article 14 Hours of Work and Overtime - specifically 14.02
Article 15 Paid Holidays
Article 16 Vacations
Article 17 Leaves of Absence: specifically, casuals to be excluded from all articles of Article 17.
Contrac~:t (Short Term and Long-Term) will be excluded specifically from Articles 17.04 and 17.05. All articles will be on a pro-rated basis based on the term of the contract.
Letter of Understanding Re: Expulsion (R~turn Ticket) and Long-Term Suspension Program
Whereas the Expulsion and Long-Term Suspension Programs are funded by va~ious Boards of Education and, 1
Whereas the employer has now clarified and revised its' funding relations~ip with the various Boards of Education, the Union and Employer have agreed to replace the Letter of Uriderstanding regarding Return Ticket workers with the following, subject to ratification by their principals. 1
The parties agree as follows:
• Return Ticket/ Alternative Attendance Workers/Return Ticket Alternative Attendance Social Workers will be paid according to the attached Wage schedule which will be included in the Collective Agreement Schedule "A" ·
• Return Ticket/ Alternative Attendance Workers/Return Ticket Alternative Attendance Social Workers will work for a ten (10) month period in each calendar year and shall be laid off for approximately a two (2) month period during the summer months (dates to be determined based on the affiliated school Board's academic calendar).
• Return Ticket/Alternative Attendance Workers/Return Ticket Alternative Attendance Social Workers agree to be available for recall two (2) weeks after school ends and two (2) weeks before the scho'ol year begins, with not less tha11 two (2) weeks notice.
• Seniority: Full-time employees in the Return Ticket/Alternative Attendance Program shall not lose seniority during the period of summer lay-off. ·
; I • The normal work day for employees in the Return Ticket/ Alternative· Attendance Program shall be
seven and one-half (7 V2) hours per day, inclusive of a one-half (1/2) hour paid meal period, and thirty-seven and one-half (37 Vi) hours per week. It is understood by the parties that it may not be possible for all employees to be scheduled to a responsibility-free meal period, and, where this is not possible other arrangements may be entered into between the employer and that employee.
• Employees in the Expulsion and Long-Term Suspension Program shall be scheduled off for two (2) weeks vacation during the Christmas break and one (1) week during the March break. (Dates will correspond to the affiliated School_ Boards' academic calendar).
• During the period of summer lay-off, employees in the Expulsion and Long-Term Suspension Program will be responsible to reimburse the Agency for all benefit plan costs associated with the continued benefit coverage during the lay-off period.
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• The Employees in the Expulsion and Long-Term Suspension Program will be covered by all provisions of the collective agreement except as abridged by this LOU, including Schedule "A" as amended.
Return Ticket/Alternative Attendance WAGE RATES BY GRID
Return Ticket/ Alternative Attendance Worker - 10 mos. Full Time Position
Year 2017 Step 1 Step 2
Rate/hr $24.34 $25.19
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Step 3
$26.07
Step4
$26.99
Step 5
$27.93
Return Ticket/ Alternative Attendance Social Worker - 10 mos. Full Time Position
Signed at Ut\(,wJ01.. this 1- day of _Mc_..t_v_cJ_· ~ _______ 2018.
For the Union
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Letter of Understanding
VIOLENCE IN THE WORKPLACE
In consultation with the Joint Health and Safety Committee, the Employer will undertake to review current safety policies and procedures and to revise and develop safety policies and procedures that address the issue of working with violent clients.
Employees will be apprised of any known history of aggressive behavior of new clients through the assessment process.
Training will be provided to Residential and Day Treatment staff on the causes of aggression, the factors that precipitate aggression, recognition of warning signs, prevention of escalation, and the control and diffusion of aggressive situations.
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The Employer will undertake . to provide a safe working environm~ht consistent with licensing requirements. ·
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When an incident of violent behavior toward a staff member occurs in the workplace:
' (a) an Incident Report will be completed by the employee and submitted to the Program Manager. (b) A copy of any Serious Occurrence Report provided to the Ministry of Children and Youth will be
provided to the Joint Health and Safety Committee (JHSC). ( c) The Joint Health & Safety Committee (JHSC) will review such reports and may make
recommendations to the Executive Director. (d) The Executive Director will respond in writing to the Joint Health & Safety Committee (JHSC)
recommendations within twenty-one (21) days.
Signed at Oshawa.. this 2-. day of_..;.._/V(fj_/_c_/,_,_, _____ 2018.
For the Union
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Letter of Understanding
OPSEU Pension Trust
The parties agree that, during the term of the current collective agreement, the Union shall be provided opportunity to conduct an information session for the Employer regarding the OPSEU Pension Trust. Following such presentation, the parties further agree to discuss the feasibility of transferring to the OPSEU Pension Trust.
This Letter of Understanding shall expire upon expiry of the current collective agreement.
Signed at Osb auJo.._ this _2=._day of ~tifz ___ .. ___ ri=-'c/~1 _____ 201s.
For the Union
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Letter of Understanding
Labour/Management Relations Committee
The parties agree that the Labour/Management Relations Committee shall establish a sub-committee of two (2) representatives of each of the Employer and the Union, kn.own as the Employee Benefits Committee, to review benefit plan information including cost and utilization, and to make recommendations for changes to plan design that improve cost efficiency.
Signed at {)Jhawa this L day of __._M-->-<..::a;..._ru"--'"t_._1 _____ 2orn.
For the Union
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Letter of Understanding ' i
Summer Layoff Process
1. Management will determine the number of summer layoffs available based on staffing needs. Any available summe·r layoffs will be offered on a voluntary basis to full time Day Treatment CYWs first, with a response deadline of mid-February. Should additional layoffs be available, the option of a vol~ntary layoff will be extended to full time Residential CYWs, with a response deadline of mid-March. Should additional layoffs be required, layoffs will be issued by lowest seniority.! i '
2. Day Treatment employees not taking a summer layoff will be transferred to the Residential Program and will be required to work hours, job responsibilities and shifts as required by residential CYWs.
3. Employees will have the ability to apply to work in the Summer School (Day Treatment CYWs will be offered these positions first). Management will select based on the seniority of the Day Treatment applicants. Should there be no (or insufficient) Day Treatment CWY applicants, Management will select based on Article 10.02.
4. Employees must submit their vacation request for the summer months along with application for transfer/layoff or summer school application.
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5. Lay-off and recall dates will be determined by the Program manager, by discussing with the employee the details :of their vacation bank and staffing requirements; but with a start date no later than one (1) week after the last day of school.
6. Employees volunteering to take the summer layoff will return to the program (either Residential or Day Treatment, but not necessarily the exact: location) from which they left.
7. The Record of Employment for those on layoff will indicate "work shortage".
8. Self-identifying for a }ay-off does not guarantee that a lay-off will be granted.
9. Management reserv~p the right to recall employees from vqluntary layoff with five (5) days' notice, as per Article 9.03(c) .
. . . . 10. Should an employee' elect a voluntary lay-off, they will have the option of opting-out of
Medical and Dental benefits for the period of lay-off, or may elect to pay 100% of the cost to continue their benefits for the period of lay-off. During the lay-off, employees do not qualify for LTD coverage or Life Insurance benefit. Approval from the carrier must be submitted in advance to qualify for these terms. Benefits will become active on the first day the employee returns to full-time employment. ·
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11. Employees will not earn vacation for the period of the unpaid layoff.
12. Seniority will not be affected by a lay-off of this duration.
13. The notice of voluntary layoff memo will be sent to affected employees from both the Union and Management. .
Signed at Dshau,;r,z_ this Z day of __._/Vl_........<J_h_rh'--"'·,_: ____ 2018.