COLLECTIVE AGREEMENT between the PINE ACRES HOME and …former.bcgeu.ca/sites/default/files/collective... · 2017-06-02 · COLLECTIVE AGREEMENT between the PINE ACRES HOME and the

COLLECTIVE AGREEMENT

between the

PINE ACRES HOME

and the

B.C. GOVERNMENT AND SERVICE EMPLOYEES’ UNION (BCGEU)

Effective from August 1, 2015 to July 31, 2020

170405v1 1004-1119

(i)

TABLE OF CONTENTS

DEFINITIONS................................................................................................................................ 1

ARTICLE 1 - PURPOSE OF COLLECTIVE AGREEMENT ...................................................................... 2 Purpose of Collective Agreement ............................................................................... 2 1.1 Future Legislation ....................................................................................................... 2 1.2 Labour Code ................................................................................................................ 2 1.3 Conflict with Policies ................................................................................................... 2 1.4 Use of Feminine and Singular Terms.......................................................................... 2 1.5 Human Rights Code .................................................................................................... 3 1.6 Sexual Harassment ..................................................................................................... 3 1.7 Discrimination and Sexual Harassment Complaint Procedures ................................ 4 1.8

ARTICLE 2 - UNION RECOGNITION AND RIGHTS ........................................................................... 5 Bargaining Unit Defined.............................................................................................. 5 2.1 Bargaining Agent Recognition .................................................................................... 6 2.2 No Other Agreement .................................................................................................. 6 2.3 Union and Employer Representation ......................................................................... 6 2.4 Correspondence and Directives ................................................................................. 6 2.5 Union Representatives ............................................................................................... 6 2.6 No Discrimination for Union Activity ......................................................................... 6 2.7 Recognition and Rights of Stewards .......................................................................... 6 2.8 Bulletin Board ............................................................................................................. 7 2.9

Union Insignia ............................................................................................................. 7 2.10 Right to Refuse to Cross Picket Line ........................................................................... 7 2.11 Time Off for Union Business ....................................................................................... 7 2.12

ARTICLE 3 - UNION SECURITY ....................................................................................................... 8

ARTICLE 4 - CHECK-OFF OF UNION DUES ...................................................................................... 8

ARTICLE 5 - EMPLOYER AND UNION TO ACQUAINT NEW EMPLOYEES ......................................... 9

ARTICLE 6 - EMPLOYER’S RIGHTS ................................................................................................. 9

ARTICLE 7 - EMPLOYER/UNION RELATIONS ................................................................................. 9 Union and Employer Representation ......................................................................... 9 7.1 Union Representatives ............................................................................................... 9 7.2 Technical Information ............................................................................................... 10 7.3 Membership Information ......................................................................................... 10 7.4 Joint Union/Management Committee ..................................................................... 10 7.5

ARTICLE 8 - GRIEVANCES ........................................................................................................... 10 Grievance Procedure ................................................................................................ 10 8.1 Step 1 ......................................................................................................................... 11 8.2 Time Limits to Present Initial Grievance .................................................................. 11 8.3 Step 2 ......................................................................................................................... 11 8.4 Time Limit to Reply at Step 2 .................................................................................... 11 8.5 Step 3 ......................................................................................................................... 11 8.6 Time Limit to Reply at Step 3 .................................................................................... 12 8.7 Time Limit to Submit to Arbitration ......................................................................... 12 8.8 Dismissal or Suspension Grievances ........................................................................ 12 8.9

Policy Grievance ........................................................................................................ 12 8.10

(ii)

Amending Time Limits .............................................................................................. 12 8.11 Technical Objections to Grievances ......................................................................... 12 8.12 Expedited Arbitration ............................................................................................... 12 8.13

ARTICLE 9 - ARBITRATION .......................................................................................................... 13 Notification ............................................................................................................... 13 9.1 Assignment of Arbitrator .......................................................................................... 14 9.2 Arbitrator .................................................................................................................. 14 9.3 Decision of the Arbitrator ......................................................................................... 14 9.4 Disagreement on Decision ........................................................................................ 14 9.5 Expenses of Arbitration ............................................................................................ 14 9.6 Amending Time Limits .............................................................................................. 14 9.7

ARTICLE 10 - DISMISSAL, SUSPENSION AND DISCIPLINE ............................................................. 14 Just Cause .................................................................................................................. 14 10.1 Notice of Dismissal or Suspension ........................................................................... 15 10.2 Dismissal, Suspension or Disciplinary Grievance ..................................................... 15 10.3 Dismissal, Suspension or Disciplinary Action ........................................................... 15 10.4 Performance Evaluations.......................................................................................... 15 10.5 Personnel File ............................................................................................................ 16 10.6 Right to Have Steward Present ................................................................................ 16 10.7 Abandonment of Position ........................................................................................ 16 10.8 Confidentiality ........................................................................................................... 16 10.9

ARTICLE 11 - BARGAINING UNIT SENIORITY ............................................................................... 16 Seniority Defined ...................................................................................................... 16 11.1 Probationary Employees .......................................................................................... 17 11.2 Seniority List .............................................................................................................. 17 11.3 Loss of Seniority ........................................................................................................ 17 11.4 Re-Employment ........................................................................................................ 18 11.5 Seniority Dates .......................................................................................................... 18 11.6

ARTICLE 12 - PROMOTION, TRANSFER, PROBATION AND DEMOTION ........................................ 18 Probationary Period .................................................................................................. 18 12.1 Selection Criteria ....................................................................................................... 18 12.2 Recruitment .............................................................................................................. 18 12.3 Qualifying Period ...................................................................................................... 19 12.4 Temporary Promotion or Transfer ........................................................................... 19 12.5 Relieving in Higher and Lower-Rated Positions ....................................................... 19 12.6 Promotion ................................................................................................................. 19 12.7 Transfers .................................................................................................................... 20 12.8 Demotions ................................................................................................................. 20 12.9

Right to Grieve .......................................................................................................... 20 12.10 Re-Employment after Voluntary Termination or Dismissal for Cause .................... 20 12.11 Excluded or Military Service ..................................................................................... 21 12.12 More Favourable Rate .............................................................................................. 21 12.13 Position Changes ....................................................................................................... 21 12.14

ARTICLE 13 - JOB DESCRIPTIONS, NOTICE OF NEW AND CHANGED ............................................ 21 Job Descriptions and Classifications ......................................................................... 21 13.1 Notice of New Positions ........................................................................................... 21 13.2 Notice of Changed Positions..................................................................................... 21 13.3

(iii)

ARTICLE 14 - JOB POSTINGS AND APPLICATIONS ....................................................................... 21 Job Postings and Applications .................................................................................. 21 14.1 Change to Start and Stop Times, Days Off and Department ................................... 22 14.2 Applications from Absent Employees ...................................................................... 22 14.3 Notice to Union ......................................................................................................... 23 14.4 Notice of Successful Applicant ................................................................................. 23 14.5 Grievance Investigation ............................................................................................ 23 14.6

ARTICLE 15 - WORKFORCE ADJUSTMENT, REORGANIZATION AND LAYOFF ................................ 23 Workforce Adjustment ............................................................................................. 23 15.1 Job Training ............................................................................................................... 23 15.2 Definition of Displacement ....................................................................................... 23 15.3 Bumping .................................................................................................................... 24 15.4 Notice of Displacement ............................................................................................ 24 15.5 Layoff Notice ............................................................................................................. 24 15.6 Contracting Out......................................................................................................... 25 15.7 Termination of Employment .................................................................................... 25 15.8

ARTICLE 16 - SCHEDULING PROVISIONS ..................................................................................... 25 Scheduling Provisions ............................................................................................... 25 16.1 Unusual Job Requirements of Short Duration ......................................................... 26 16.2

ARTICLE 17 - HOURS OF WORK .................................................................................................. 26 Continuous Operation .............................................................................................. 26 17.1 Hours of Work ........................................................................................................... 26 17.2 Rest and Meal Periods .............................................................................................. 27 17.3 Split Shifts .................................................................................................................. 27 17.4 Part-Time Employees ................................................................................................ 27 17.5 Daylight Savings Time Change .................................................................................. 27 17.6

ARTICLE 18 - OVERTIME ............................................................................................................. 27 Application of Overtime ........................................................................................... 27 18.1 Working Overtime on a Scheduled Day Off ............................................................. 27 18.2 Working Overtime on a Statutory Holiday .............................................................. 27 18.3 Overtime Compensation .......................................................................................... 27 18.4 Overtime Pay Option ................................................................................................ 27 18.5 Overtime Meal Breaks .............................................................................................. 28 18.6 Right to Refuse Overtime ......................................................................................... 28 18.7 Overtime for Part-Time Employees.......................................................................... 28 18.8 Short Changeover ..................................................................................................... 28 18.9

ARTICLE 19 - SHIFT, WEEKEND AND TRADES QUALIFICATION PREMIUMS .................................. 28

ARTICLE 20 - CALLBACK, CALL-IN, ON CALL ................................................................................. 29 Callback ..................................................................................................................... 29 20.1 Call-in ......................................................................................................................... 29 20.2 On Call ....................................................................................................................... 29 20.3

ARTICLE 21 - TRANSPORTATION ALLOWANCE ........................................................................... 29

ARTICLE 22 - STATUTORY HOLIDAYS .......................................................................................... 30 Statutory Holidays .................................................................................................... 30 22.1 Super Stats ................................................................................................................ 30 22.2 Reinstatement While Off Sick................................................................................... 30 22.3

(iv)

Working on a Day Off ............................................................................................... 30 22.4 Non-Super Stats ........................................................................................................ 30 22.5 Scheduling of Lieu Days ............................................................................................ 30 22.6 Christmas or New Year's Day Off ............................................................................. 31 22.7 Vacation to be Restored ........................................................................................... 31 22.8 Part-Time Employees ................................................................................................ 31 22.9

ARTICLE 23 - VACATIONS ........................................................................................................... 31 Vacation Entitlement ................................................................................................ 31 23.1 Vacation Period ......................................................................................................... 31 23.2 Vacation Pay .............................................................................................................. 31 23.3 Vacations Non-Accumulative ................................................................................... 32 23.4 Vacation Entitlement Upon Dismissal ...................................................................... 32 23.5 Reinstatement of Vacation Days - Sick Leave .......................................................... 32 23.6 Call Back From Vacation ........................................................................................... 32 23.7 Part-Time Employees ................................................................................................ 32 23.8

ARTICLE 24 - BEREAVEMENT LEAVE ........................................................................................... 32

ARTICLE 25 - SICK LEAVE, WCB, INJURY ON DUTY ...................................................................... 32 Employment Insurance ............................................................................................. 32 25.1 Paid Time Off ............................................................................................................. 33 25.2 Proof of Illness .......................................................................................................... 33 25.3 Leave - Workers’ Compensation .............................................................................. 33 25.4 Sick Leave Pay ........................................................................................................... 34 25.5 Medical/Dental Appointments ................................................................................. 34 25.6 Sick Leave Notification .............................................................................................. 34 25.7 Other Claims.............................................................................................................. 34 25.8

ARTICLE 26 - EDUCATIONAL LEAVE ............................................................................................ 35 Employer Requested Leave ...................................................................................... 35 26.1 In-Service Education ................................................................................................. 35 26.2 Employee Requested Long-Term Leave ................................................................... 35 26.3 Paid Education Leave ................................................................................................ 35 26.4

ARTICLE 27 - JURY DUTY ............................................................................................................ 36

ARTICLE 28 - LEAVE – UNPAID .................................................................................................... 36 Unpaid Leave............................................................................................................. 36 28.1 Unpaid Leave – After Three Years ............................................................................ 36 28.2 Unpaid Leave – Affecting Seniority and Benefits .................................................... 36 28.3 Unpaid Leave – Union Business ............................................................................... 36 28.4 Unpaid Leave - Public Office ..................................................................................... 37 28.5

ARTICLE 29 - MATERNITY, PARENTAL AND ADOPTION LEAVE .................................................... 37 Maternity Leave ........................................................................................................ 37 29.1 Parental Leave ........................................................................................................... 38 29.2 Benefits Continuation ............................................................................................... 38 29.3 Deemed Resignation ................................................................................................. 38 29.4 Entitlements Upon Return to Work ......................................................................... 38 29.5 Adoption Leave ......................................................................................................... 39 29.6

ARTICLE 30 - OCCUPATIONAL HEALTH AND SAFETY ................................................................... 39 Occupational Health and Safety Committee ........................................................... 39 30.1

(v)

Aggressive Patients/Residents ................................................................................. 40 30.2 Vaccination and Inoculation ..................................................................................... 40 30.3 Transportation of Accident Victims .......................................................................... 40 30.4 Working Alone or in Isolation ................................................................................... 41 30.5 Employee Workload ................................................................................................. 41 30.6

ARTICLE 31 - HEALTH AND WELFARE PLANS ............................................................................... 41 Medical Plan .............................................................................................................. 41 31.1 Termination of Health and Welfare Benefits ........................................................... 41 31.2

ARTICLE 32 - MUNICIPAL PENSION PLAN ................................................................................... 41 Municipal Pension Plan ............................................................................................ 41 32.1

ARTICLE 33 - EMPLOYMENT INSURANCE COVERAGE.................................................................. 42

ARTICLE 34 - VOLUNTEERS ......................................................................................................... 42

ARTICLE 35 - CASUAL EMPLOYEES .............................................................................................. 42 Employment Status ................................................................................................... 42 35.1 Seniority .................................................................................................................... 43 35.2 Application of Agreement to Casual Employees ..................................................... 43 35.3 Casual Call-In Procedures ......................................................................................... 44 35.4 Casual Seniority List .................................................................................................. 45 35.5 Probationary Period .................................................................................................. 45 35.6 Paid Holidays and Vacation for Casual Employees .................................................. 45 35.7 Regular to Casual Status ........................................................................................... 45 35.8 Sick Leave Credits ...................................................................................................... 46 35.9

ARTICLE 36 - PRINTING OF AGREEMENT .................................................................................... 46

ARTICLE 37 - TERM OF AGREEMENT........................................................................................... 46 Duration .................................................................................................................... 46 37.1 Notice to Bargain ...................................................................................................... 46 37.2 Commencement of Bargaining................................................................................. 46 37.3 Changes in Agreement ............................................................................................. 46 37.4 Effective Date of Agreement .................................................................................... 46 37.5 Agreement to Continue in Force .............................................................................. 46 37.6

SCHEDULE A - Wages Scales and Classifications ......................................................................... 48

ADDENDUM - Group Life Insurance Plan.................................................................................... 49

MEMORANDUM OF UNDERSTANDING 1 - Re: Manual Lifting .................................................... 49

MEMORANDUM OF AGREEMENT 1 - Re: Patient/Resident Handling Techniques ....................... 49

MEMORANDUM OF AGREEMENT 2 - Re: Shift Scheduling and Rotations ................................... 50

BCGEU and Pine Acres Home (07/2020) Page 1

DEFINITIONS

For the purpose of this agreement:

(1) "bargaining unit" – is the unit for collective bargaining referred to in the certificate issued by the Labour Relations Board on September 1, 1995 respecting Pine Acres Home for whom the B.C. Government and Service Employees’ Union is the bargaining agent.

(2) "basic pay" – means the rate of pay in each classification.

(3) "common-law spouse" – includes same sex and opposite sex individuals where the employee has signed a declaration or affidavit that he/she has been living in a common-law relationship for at least 12 months. The period of co-habitation may be less than 12 months where the employee has claimed the common-law spouse’s child/children for taxation purposes.

(4) "continuous service" – means uninterrupted regular full-time and/or regular part-time employment with the Employer.

(5) "day", "week", "month", "year" – means a calendar day, week, month, year unless otherwise specified in this agreement.

(6) "dependant" – means a dependant as defined by the insurance carrier in the plan document.

(7) "employees" – a member of the bargaining unit and includes:

(a) "regular full-time employees" – a regular full-time employee is one who works full-time on a regularly scheduled basis. Regular full-time employees accumulate seniority and are entitled to all benefits outlined in this collective agreement.

(b) "regular part-time employees" – a regular part-time employee is one who works less than full-time on a regularly scheduled basis. Regular part-time employees accumulate seniority on an hourly basis and are entitled to all benefits outlined in this collective agreement. Regular part-time employees shall receive the same perquisites, on a proportionate basis, as granted regular full-time employees.

(c) "casual employees" – a casual employee is one who is not regularly scheduled to work other than during periods that such employee shall relieve a regular full-time or part-time employee. Casual employees accumulate seniority on an hourly basis and are entitled to such benefits as are contained in Article 35.

(d) "restriction of employee status" – the status of all employees covered by this agreement shall be defined under one of the preceding three definitions. If a dispute arises over the proper allocation of employee status, such dispute shall be resolved through Article 8 – Grievances. In the event that it is determined that an employee has been improperly classified, such employee shall be reclassified effective immediately and the Employer shall restore such benefits as may be capable of being restored. In addition, such employee shall be paid the equivalent of the cost of any benefits that are not restored to which that employee would have been entitled if the employee had been properly classified.

(8) "Employer" means Pine Acres Home.

(9) "leave of absence with pay" – means to be absent from duty with permission and with pay.

(10) "leave of absence without pay" – means to be absent from duty with permission but without pay.


(11) "one year" – means a maximum of 1950 hours worked.

(12) "practical nurse" – a practical nurse shall be recognized as one who is in possession of a diploma from a recognized Practical Nurse School and/or holds a valid British Columbia Practical Nurse Licence.

(13) "spouse" – means an employee’s married or common-law spouse.

(14) "immediate family" means:

(a) spouse, common-law spouse, parent, stepparent, foster parent, child, legal stepchild, legal ward, legal guardian, brother, sister, guardian, stepbrother, stepsister, grandchild, grandparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law of an employee; or

(b) any relative permanently residing in the employee's household or with whom the employee currently resides.

ARTICLE 1 - PURPOSE OF COLLECTIVE AGREEMENT

Purpose of Collective Agreement 1.1

The purpose of this agreement is to set forth terms and conditions of employment affecting employees covered by this agreement.

Future Legislation 1.2

In the event that present or future legislation renders null and void or materially alters any provision of this collective agreement, the following shall apply:

The remaining provisions of the collective agreement shall remain in full force and effect for the (a)term of the collective agreement.

The Employer and the Union shall, as soon as possible, negotiate mutually agreeable provisions (b)to be substituted for the provisions so rendered null and void or materially altered.

If a mutual agreement cannot be struck as provided in (b) above, the matter shall be arbitrated (c)pursuant to Article 8 of the collective agreement.

Labour Code 1.3

It is agreed that the operation of Subsection 2 of Section 50 of the Labour Relations Code of British Columbia is excluded from this agreement.

Conflict with Policies 1.4

In the event that there is a conflict between an express provision of this agreement and any policy made by the Employer, this agreement shall take precedence over the said rule or order policy.

Use of Feminine and Singular Terms 1.5

Wherever the feminine or singular is used, the same shall be construed as including the masculine or plural unless otherwise specifically stated.


Human Rights Code 1.6

The parties hereto subscribe to the principles of the Human Rights Code of British Columbia. In accordance with Clause 7.5, the parties will continue to review methods of extending knowledge of the Human Rights Code and for extending knowledge relating to the Human Rights Code to all employees.

The Employer in cooperation with the Union, will promote a work environment that is free from discrimination where all employees are treated with respect and dignity.

Discrimination relates to any of the prohibited grounds contained in the BC Human Rights Code. Prohibited conduct may be verbal, non-verbal, physical, deliberate or unintended, unsolicited and unwelcome, as determined by a reasonable person. It may be one incident or a series of incidents depending on the context.

Employees have the right to employment without discrimination because of race, colour, ancestry, place of origin, religion, family status, marital status, physical disability, mental disability, sex, age, sexual orientation, political beliefs, and criminal or summary offence unrelated to their employment.

Discrimination does not include actions occasioned through exercising in good faith the Employer’s managerial/supervisory rights and responsibilities.

Protection against discrimination extends to incidents occurring at or away from the workplace during or outside working hours provided the acts are committed within the course of the employment relationship.

This clause does not preclude an employee from filing a complaint under Section 13 of the BC Human Rights Code, however, an employee shall not be entitled to duplication of process. An employee making a complaint of discrimination must choose to direct a complaint to either the BC Human Rights Tribunal or to the process specified in Clause 1.9. In either event a complaint of discrimination, if included as an element of a grievance, shall not be pursued through the process identified in Clause 1.9.

An employee who files a written complaint which would be seen by a reasonable person to be frivolous, vindictive or vexatious may be subject to disciplinary action. Disciplinary action taken may be grieved pursuant to Article 8 – Grievances.

Sexual Harassment 1.7

Pine Acres Home, in cooperation with the Union, will promote a work environment that is free from sexual harassment where all employees are treated with respect and dignity.

Sexual harassment is one form of discrimination and is defined as any unwelcome comment or conduct of a sexual nature that may detrimentally affect the work environment or lead to adverse job-related consequences for the victim of the harassment. Prohibited conduct may be verbal, non-verbal, physical, deliberate or unintended, unsolicited or unwelcome, as determined by a reasonable person. It may be one incident or a series of incidents depending on the context.

Sexual harassment does not include actions occasioned through exercising in good faith the Employer’s managerial/supervisory rights and responsibilities.

Protection against harassment extends to incidents occurring at or away from the workplace during or outside working hours provided the acts are committed within the course of the employment relationship.

This clause does not preclude an employee from filing a complaint under Section 12 of the BC Human Rights Code, however, an employee shall not be entitled to duplication of process. An employee making


a complaint of sexual harassment must choose to direct a complaint to either the Human Rights Tribunal or to the process specified in Clause 1.9. In either event a complaint of sexual harassment, if included as an element of a grievance shall not be pursued through the process identified in Clause 1.9. An employee who files a written complaint which would be seen by a reasonable person to be frivolous, vindictive or vexatious may be subject to disciplinary action. Disciplinary action taken may be grieved pursuant to Article 8 – Grievances.

Examples of sexual harassment include but are not limited to:

a person in authority asking an employee for sexual favours in return for being hired or receiving promotions or other employment benefits;

sexual advances with actual or implied work related consequences;

unwelcome remarks, questions, jokes or innuendo of a sexual nature; including sexist comments or sexual invitations;

verbal abuse, intimidation, or threats of a sexual nature;

leering, staring or making sexual gestures;

display of pornographic or other sexual materials;

offensive pictures, graffiti, cartoons or sayings;

unwanted physical contact such as touching, patting, pinching, hugging;

physical assault of a sexual nature.

This definition of sexual harassment is not meant to inhibit interactions or relationships based on mutual consent or normal social contact between employees.

Discrimination and Sexual Harassment Complaint Procedures 1.8

All persons involved in the handling of a discrimination or sexual harassment complaint under (a)Clause 1.7 or 1.8 shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the constituent group(s) and the Employer will be made aware of all or part of the proceedings on a "a need to know" basis.

Before proceeding to the formal complaint mechanism an employee who believes he or she has (b)a complaint of harassment or discrimination may approach their supervisory personnel, union steward, or other contact person to discuss potential means of resolving a complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s satisfaction the matter is deemed to be resolved.

If the matter is not resolved to the employee’s satisfaction, then the employee will approach the (c)first excluded level of management not involved in the matter for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager will discuss the proposed resolution with the employee. The employee may have a union representative present during these discussions. Where the first excluded level of management is the respondent, the employee shall approach the respondent’s supervisor.

If the proposed resolution is not acceptable, the employee may refer the matter through the (d)Union in writing to the Administrator or their designate within 30 days of receiving the manager’s response or when the response was due.


A written complaint shall specify the details of the allegation(s) including:

name, title and department of the respondent;

a description of the action(s), conduct, events or circumstances involved in the complaint;

the specific remedy sought to satisfy the complaint;

date(s) of incidents;

name(s) of witnesses (if any);

prior attempts to resolve (if any).

The Administrator will acknowledge, in writing, receipt of the Union’s notice and will have the (e)matter investigated and will take such steps as may be required to resolve the matter. The Union and the employees involved shall be advised in writing of the proposed resolution within 30 days of providing notice to the Administrator or such later date as may be mutually agreed by the Employer and the Union.

Where the matter is not resolved pursuant to (e), the Union may refer the matter to (f)adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures. The following individuals will act as adjudicator:

Irene Holden (1) Irene Greatbatch (2) Kate Young (3)

Any action taken by the Employer, including discipline, which is consistent with the findings of (g)fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.

If the Adjudicator determines that discrimination and/or harassment has occurred, the (h)Employer must document the personnel file of the respondent accordingly

Pending the determination of the complaint, the Administrator may take interim measures to (i)separate the employees concerned, if deemed necessary. Any such action taken under this section will not be deemed disciplinary in nature, or seen as presumption of guilt or innocence.

The complainant will not be relocated without their agreement. (j)

ARTICLE 2 - UNION RECOGNITION AND RIGHTS

Bargaining Unit Defined 2.1

The bargaining unit shall include all employees as defined by the certification issued by the BC (a)Labour Relations Board on September 1, 1995, except persons in positions deemed excluded:

by mutual agreement between the parties; (1) by virtue of a decision by the Labour Relations Board of British Columbia. (2)

The Employer shall notify the Union in writing of any proposed exclusion from the bargaining (b)unit. Such notification shall include the organization chart for the department or program where the position is located, a copy of the job description and reason for exclusion.

If no agreement is reached within 30 days of the notification either party may refer the matter (c)to the Labour Relations Board. Such adjudication by the LRB will be held in Kelowna.


Bargaining Agent Recognition 2.2

The Employer recognizes the B.C. Government and Service Employees’ Union as the exclusive bargaining agent for all employees in the bargaining unit.

No Other Agreement 2.3

No employee covered by this agreement shall be required or permitted to make a written or oral agreement with the Employer or its representatives which is in conflict with the terms of this agreement.

Union and Employer Representation 2.4

The Union shall supply the Employer with the names of its authorized officers and similarly, the Employer shall supply the Union with a list of its supervisory and other personnel with whom the Union may be required to transact business.

Correspondence and Directives 2.5

The Employer shall forward to the applicable Union’s designates a copy of:

any directives circulated to employees pertaining to the interpretation or application of this (a)agreement;

any correspondence to any employee pertaining to the interpretation or application of the (b)agreement as it applies to that employee.

Union Representatives 2.6

The Union shall provide reasonable notice to the Employer when the senior union official or his/her designated representative intends to visit the Employer’s place of business for the purpose of conducting union business.

No Discrimination for Union Activity 2.7

The Employer and the Union agree that there shall be no discrimination, interference, restriction, or coercion exercised or practised with respect to any employee by reason of their membership or lawful activity in the Union. In addition, the parties hereby subscribe to the principles of the Human Rights Code of British Columbia.

Recognition and Rights of Stewards 2.8

The Employer recognizes the Union’s right to select stewards and alternate stewards at the worksite to represent employees who ideally will be representative of the care component, housekeeping component and dietary component of the staff. The number of shop stewards may be changed by local mutual agreement. The Union agrees to provide the Employer with a list of employees designated as stewards and alternates. A steward or his/her alternate shall obtain the permission of his/her manager and in his/her absence the person in charge before leaving his/her work to perform his/her duties as a steward. Leave for this purpose shall be without loss of pay. Such permission shall not be unreasonably withheld. On resuming his/her normal duties, the steward shall notify his/her manager and in his/her absence the person in charge.


Duties of the steward are:

investigation of complaints of an urgent nature; (a)

investigation of grievances and assisting any employee whom the steward represents in (b)preparing and presenting a grievance in accordance with the grievance procedure;

supervision of ballot boxes and other related functions during ratification votes involving the (c)Employer and provided the ratification vote is held on the Employer’s premises;

carrying out duties within the realm of assigned safety responsibilities for stewards who are (d)members of safety committees;

attending meetings called by management. (e)

Bulletin Board 2.9

The Employer shall provide a bulletin board for the exclusive use of the Union, to be located at a place which is mutually agreed upon at the local level. Use of the bulletin board shall be restricted to the business affairs of the Union and the display of the union shop card.

Union Insignia 2.10

A union member shall have the right to wear one union pin or badge displaying the recognized (a)insignia of the Union. The Union agrees to furnish to the Employer a union shop card for the Employer’s place of operation, to be displayed on the premises at a mutually agreed location. Such card will remain the property of the Union and shall be surrendered upon demand.

The recognized insignia of the Union shall include the designation "bcgeu". (b)

Right to Refuse to Cross Picket Line 2.11

All employees covered by this agreement shall have the right to refuse to cross a picket line (a)arising out of a labour dispute, as defined in the appropriate legislation. Any employee failing to report for duty shall be considered to be absent without pay and benefits.

Failure to cross a picket line encountered in carrying out the Employer’s business shall not be (b)considered a violation of this agreement nor shall it be grounds for disciplinary action.

Any employees assigned to cover essential services as defined in the Labour Code of British (c)Columbia shall be authorized and permitted to cross a legal picket line.

Time Off for Union Business 2.12

Without pay – with reasonable written notice leave of absence without pay and without loss of (a)seniority will be granted:

to an elected or appointed representative of the Union to attend conventions of the (1)Union and bodies to which the Union is affiliated;

for elected or appointed representative of the Union to attend union business which (2)requires them to leave their general work area;

for employees who are representatives of the Union on a bargaining committee to (3)attend meetings of the Bargaining Committee;


up to three employees on a component bargaining committee to carry on negotiations (4)with the Employer; however, the Union reserves the right to use up to three additional persons for technical information or advice, who shall also be covered by the provisions of this clause;

to employees called by the Union to appear as witnesses before an arbitration board, (5)the Labour Relations Board, or the Human Rights Tribunal.

With Pay – leave of absence with basic pay and without loss of seniority will be granted to three (b)employees who are representatives of the Union on the Bargaining Committee to carry on negotiations with the Employer.

To facilitate the administration of this clause when leave without pay is granted, the leave shall (c)be given with basic pay and the Union shall reimburse the Employer for salary and benefit costs, including travel time incurred. Leave of absence granted under this clause shall include sufficient travel time. The Union shall provide the Employer with reasonable notice prior to the commencement of leave under this clause. It is understood that employees granted leave of absence pursuant to this clause shall receive their current rates of pay while on leave of absence with pay. The Employer agrees that any of the above leaves of absence shall not be unreasonably withheld.

The Employer shall grant, on request, leave of absence without pay: (d)

for employees selected for a full-time position with the Union for a period of one year; (1)

for an employee elected to the position of President and Treasurer of the (2)B.C. Government and Services Employees’ Union;

for an employee elected to any body to which the Union is affiliated for a period of one (3)year and the leave shall be renewed upon request.

ARTICLE 3 - UNION SECURITY

Employees within the bargaining unit, who were employed and not members of the Union prior to the date of certification, shall have the option of joining the Union. Employees hired after the date of certification are required to become members of the Union as a condition of employment.

Nothing in this collective agreement shall be construed as requiring an employee who was hired prior to the certification date to become a member of the Union.

ARTICLE 4 - CHECK-OFF OF UNION DUES

The Employer is authorized and shall deduct in each pay period, an amount equal to union dues (a)from each employee’s pay. An employee shall, as a condition of employment, complete an authorization form providing for the deduction from the employee’s biweekly pay an amount equivalent to the regular dues and/or assessments payable to the Union by a member of the Union.

The Employer shall remit any dues deducted to the Union along with a list of employees and the (b)amounts deducted within 30 days of the deduction. The list shall include the employee’s name, classification, the pay period earnings and the amount of dues deducted.

The total amount of union dues deducted from an employee’s pay shall be indicated on the (c)employee’s T4 slip.

The Union shall advise the Employer in writing, 30 days in advance of the amount of its dues (d)and/or any changes in the amount of dues to be deducted.


ARTICLE 5 - EMPLOYER AND UNION TO ACQUAINT NEW EMPLOYEES

The Employer agrees to acquaint new employees of the fact that a collective agreement is in (a)effect and with the conditions of employment set out in Article 4.

The Employer agrees to provide each new employee, at the time of hire or the date the (b)employee commences employment, with a hire letter which will include the following wording:

Your union steward is _____________ who can be located at ______________; work phone ________; extension ________. You are entitled to a meeting with your steward for 15 minutes during working hours during the first 30 calendar days of employment, without loss of pay. Where the steward is on your worksite, the steward will assist you with completing the Union Membership Application Card. If the steward does not work on your worksite, please contact the steward by phone to arrange to complete and forward the card to BCGEU Headquarters in Burnaby. There is no initiation fee.

Copies of the letter to each new employee will be distributed to the shop steward. (c)

ARTICLE 6 - EMPLOYER’S RIGHTS

The management of the Employer’s business, and the direction of the workforce, including the hiring, firing, promotion and demotion of employees, is vested exclusively in the Employer except as may be otherwise specifically provided in this agreement.

ARTICLE 7 - EMPLOYER/UNION RELATIONS

Union and Employer Representation 7.1

No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. To implement this the Union shall supply the Employer with the names of its officers and similarly, the Employer shall supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.

Union Representatives 7.2

The Employer agrees that access to its premises will be granted to a union staff representative, (a)or authorized alternate, when dealing or negotiating with the Employer, or when investigating and assisting in the settlement of a grievance.

The union representative shall provide reasonable notice to the Employer or his/her designate (b)in advance of their intention and their purpose for entering and shall indicate the anticipated duration of the visit. Such visits shall not interfere with the operation of the Employer’s business.

In order to facilitate the orderly, as well as the confidential investigation of grievances, the (c)Employer will make available to union representatives or stewards temporary use of an available confidential location.

The Employer agrees that access to its premises will be granted to union elected officers and (d)other persons designated by the Union. The union representative shall provide reasonable notice to the Employer or his/her designate in advance of their intention and their purpose for entering and shall indicate the anticipated duration of the visit. Such access shall not interfere with the operation of the Employer’s business.


Technical Information 7.3

The Employer agrees to provide to the Union the following information relating to employees in the bargaining unit required by the Union for collective bargaining purposes:

list of employees and status;

gender;

job titles;

job description;

wage rates;

seniority list or service dates;

summary of benefit plan (medical, dental, wage indemnity, pension, etc.).

Membership Information 7.4

The Employer shall provide the Union with a list of the names, addresses and telephone numbers of the employees in the bargaining unit twice per year, January and July. The parties recognize the confidentiality of the information contained in this list. The Employer shall advise the Union when an employee ceases to be employed.

Joint Union/Management Committee 7.5

The parties agree to establish a joint committee composed of three employees appointed by the (a)Union and three representatives appointed by the Employer.

The Joint Committee shall meet at the call of either party at a mutually agreed time and place. (b)The Committee shall meet at least six times per calendar year. Employees shall not suffer any loss of basic pay for time spent attending meetings of the Committee.

An employer representative and a union representative shall alternate in presiding over the (c)meeting.

The Committee shall not have the jurisdiction over any matter of collective bargaining including (d)the administration of this agreement. The Committee shall not have the power to bind either the Union or its members or the Employer to any decisions reached in its discussions.

The Committee shall have the power to make recommendations to the parties on the following: (e)

reviewing matters, other than grievances, relating to maintaining good relations (1)between the parties;

correcting conditions causing misunderstandings; (2)

dealing with matters referred to in this agreement. (3)

Minutes of joint committee meetings shall be transcribed by the Employer and distributed to (f)committee members.

ARTICLE 8 - GRIEVANCES

Grievance Procedure 8.1

The Employer and the Union recognize that grievances may arise concerning: (a)

differences between the parties respecting the interpretation, application, operation, or (1)any alleged violation of a provision of this agreement, including a question as to whether or not a matter is subject to arbitration; or


the dismissal, discipline, or suspension of an employee bound by this agreement. (2)

The procedure for resolving a grievance shall be the grievance procedure in this article. (b)

Where the aggrieved employee is a steward, he/she shall not, where possible, act as a steward (c)in respect of his/her own grievance but shall submit the grievance through another steward or union staff representative.

Step 1 8.2

In the first step of the grievance procedure, every reasonable effort shall be made to settle the dispute with the employer designate. The aggrieved employee shall have the right to have a steward present at such a discussion. If the grievance is not settled at this step, it may be presented in writing at Step 2.

Time Limits to Present Initial Grievance 8.3

An employee may initiate the written grievance at Step 2 of the grievance procedure, in the manner prescribed in Clause 8.4, not later than 21 days after the date:

on which he/she was notified orally or in writing, of the action or circumstances giving rise to (a)the grievance;

on which he/she first became aware of the action or circumstances giving rise to the grievance. (b)

Step 2 8.4

Subject to the time limits in Clause 8.3, the employee may present a grievance at this level by:

recording the grievance on the appropriate grievance form, setting out the nature of the (a)grievance and the circumstances from which it arose;

stating the article(s) or clause(s) of the agreement infringed upon or alleged to have been (b)violated and the remedy or correction required; and

transmitting the grievance to the employer designate through the union steward. (c)

Time Limit to Reply at Step 2 8.5

Within 14 days of receiving the grievance at Step 2, the union steward and the employer (a)designate shall meet to examine the facts, the nature of the grievance and attempt to resolve the dispute. This meeting may be waived by mutual agreement.

The employer designate shall reply in writing to an employee’s grievance within 14 days of the (b)above noted meeting with the union steward or, if the meeting is waived, within seven days of the date the parties agree to waive the meeting.

Step 3 8.6

The union designate may present, or meet with the employer designate to discuss, a grievance and the proposed remedy at Step 3:

within 21 days after the Step 2 decision has been conveyed to him/her by the employer (a)designate; or

within 21 days after the employer designate’s reply was due. (b)


Time Limit to Reply at Step 3 8.7

The employer designate will respond in writing to the Union within 21 days of receipt of the grievance at Step 3.

Time Limit to Submit to Arbitration 8.8

Failing satisfactory settlement of a grievance at Step 3, and pursuant to this article, the Union may submit the dispute to arbitration within:

30 days after the employer designate’s decision has been received; or (a) 30 days after the employer designate’s decision was due. (b)

Dismissal or Suspension Grievances 8.9

Employees dismissed or suspended for alleged cause shall have the right, within seven days after the date of dismissal or suspension, to initiate a written grievance at Step 3 of the grievance procedure.

If there is no resolution of the grievance, the grievance may be referred to an arbitrator within seven days of the Union receiving the Employer’s reply.

Policy Grievance 8.10

Where either party to this agreement disputes the application, interpretation, or alleged violation of an article of this agreement, the dispute shall be discussed initially with the employer designate or the Union within 60 days of either party becoming aware of the policy dispute. Where no satisfactory agreement is reached, either party may submit the dispute to arbitration, as set out in Article 9.

Amending Time Limits 8.11

The time limits in this grievance procedure may be altered only by written mutual consent of the parties.

Technical Objections to Grievances 8.12

It is the intent of the parties to this agreement that no grievance shall be defeated merely because of a technical error other than time limitations in processing the grievance through the grievance procedure. To this end, an arbitrator shall have the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real substance of the matter in dispute.

Expedited Arbitration 8.13

By mutual agreement, the parties may proceed to expedited arbitration as an alternative to the arbitration procedure.

All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:

dismissals;

rejection on probation;

suspensions in excess of 10 workdays;

grievance requiring substantial interpretation of a provision of the collective agreement;

grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);


grievances requiring presentation of extrinsic evidence;

grievance where a party intends to raise a preliminary objection;

matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and

grievance arising from duty to accommodate.

By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.

Where the parties mutually agree to refer a matter to expedited arbitration, the following procedure shall apply:

All presentations are to be short and concise and are to include a comprehensive opening (a)statement. The parties agree to make limited use of authorities during their presentation.

The location of the hearing will be in Kelowna or other mutually agreed to location. (b)

The Arbitrator shall hear the grievances and shall render a decision within two working days of (c)such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.

All decisions of the Arbitrator are to be limited in application to that particular dispute and are (d)without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.

All settlements of expedited arbitration cases prior to hearing shall be without prejudice. (e)

The parties shall equally share the costs of the fees and expenses of the Arbitrator. (f)

The expedited arbitrator, who shall act as the sole arbitrator, shall be: (g)

Irene Holden Robert Pekeles Vince Ready Julie Nichols Chris Sullivan Corrine Bell

It is agreed that arbitration decisions made under this provision will not be appealed.

ARTICLE 9 - ARBITRATION

Notification 9.1

Where a difference arises between the parties relating to the interpretation, application, or (a)administration of this agreement, including any question as to whether a matter is arbitrable, either party may, after exhausting the grievance procedure in Article 8, notify the other party of its desire to submit the difference to arbitration within:

30 days after the employer designate’s decision has been received; or (1) 30 days after the employer designate’s decision was due. (2)

All referrals to arbitration shall be by certified mail, facsimile or courier. (b)

Where the matter in dispute is a dismissal grievance, the Arbitrator shall set a date for the (c)hearing to be held within seven weeks from the date that such a hearing is requested.


Assignment of Arbitrator 9.2

When a party has requested that a grievance be submitted to arbitration and either party has (a)requested that a hearing date be set, the parties shall assign an arbitrator from the mutually agreed upon list of arbitrators, or shall be a substitute mutually agreed to, and set a date for the hearing.

List of named arbitrators:

Irene Holden Chris Sullivan Vince Ready Robert Pekeles Colin Taylor

Depending upon availability, arbitrators shall be assigned cases on a rotating basis, or by mutual (b)agreement.

The parties shall endeavour to maintain a list of acceptable arbitrators which is gender (c)balanced.

Arbitrator 9.3

The Arbitrator may determine his/her own procedure in accordance with the relevant legislation and shall give full opportunity to all parties to present evidence and make representations. He/she shall hear and determine the difference or allegation and shall render a decision within 60 days of the conclusion of the hearing.

Decision of the Arbitrator 9.4

The decision of the Arbitrator shall be final, binding and enforceable on the parties. The Arbitrator shall have the power to dispose of a discharge or discipline grievance by any arrangement which he/she deems just and equitable. However, the Arbitrator shall not have the power to change this agreement or to alter, modify or amend any of its provisions.

Disagreement on Decision 9.5

Should the parties disagree as to the meaning of the Arbitrator’s decision, either party may apply to the Arbitrator to reconvene to clarify the decision, which it shall make every effort to do within seven days.

Expenses of Arbitration 9.6

Each party shall pay one-half of the fees and expenses of the Arbitrator.

Amending Time Limits 9.7

The time limits in this arbitration procedure may be altered only by written mutual consent of the parties.

ARTICLE 10 - DISMISSAL, SUSPENSION AND DISCIPLINE

Just Cause 10.1

The Employer shall not dismiss or discipline an employee or issue a suspension pending an (a)investigation except for just and reasonable cause.

In all cases of dismissal and discipline the burden of proof of just cause shall rest with the (b)Employer.


Notice of dismissal or suspension shall be in writing and shall set forth the reasons for the (c)dismissal or suspension.

Notice of Dismissal or Suspension 10.2

Notice of dismissal or suspension, including that of a probationary employee, shall be in writing (a)and shall set forth the reasons for dismissal or suspension and a copy shall be sent to the President of the Union or their designate within five calendar days of the Employer’s action.

The employee shall be given a copy of any disciplinary document that will be placed in their (b)personnel file.

Dismissal, Suspension or Disciplinary Grievance 10.3

All dismissals, suspensions and other discipline will be subject to the grievance procedure under Article 8. A copy of the written notice of dismissal or suspension shall be forwarded to the union designate within five days after the action being taken.

Dismissal, Suspension or Disciplinary Action 10.4

Disciplinary action grievable by the employee shall include: (a)

written censures; (1) letters of reprimand; or (2) adverse reports. (3)

An employee shall be given a copy of such document placed on the employee’s file which might (b)be the basis of disciplinary action. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the grievance procedure and the eventual resolution thereof shall become part of his/her personnel record.

Any such document, other than formal employee evaluations, shall be removed from the (c)employee’s file after the expiration of 18 months from the date it was issued provided there has not been a further infraction. The 18 month period may be extended by the length of time an employee is absent from work for an accumulated period of more than 30 days, except for periods of approved vacation and maternity leave.

The Employer agrees not to introduce as evidence in any hearing any document from the file of (d)an employee, the existence of which the employee was not aware at the time of filing.

Performance Evaluations 10.5

Where a formal evaluation of an employee’s performance is carried out, the employee shall be (a)given sufficient opportunity to meet with the Employer, read, review and ask questions about the evaluation. Employees will be paid for time incurred attending such meetings. The employee will be given up to seven days to read, review and sign the evaluation.

The evaluation form shall provide for the employee’s signature in two places, one indicating that (b)the employee has read and accepts the evaluation, and the other indicating that the employee disagrees with the evaluation. An employee may initiate a grievance regarding the contents of an employee evaluation if the employee has signed in the place indicating disagreement with the evaluation.

An employee evaluation shall not be changed after an employee has signed it, without the (c)knowledge of the employee, and any such changes shall be subject to the grievance procedure of this agreement.


An employee shall receive a copy of his/her evaluation at time of signing. (d)

All performance evaluations shall be carried out in a confidential manner. (e)

Personnel File 10.6

With reasonable written notice given to the Employer, an employee shall be entitled to review (a)his/her personnel file in the office in which the file is normally kept. Access to the file shall be no later than seven days after the notice is given.

A representative of the Union, with the written authority of the employee shall be entitled to (b)review the employee’s personnel file in the office in which the file is normally kept in order to facilitate the investigation of a grievance. The union representative shall give the Employer adequate written notice prior to having access to such file. Access to the file shall be no later than seven days after the notice is given.

The personnel file shall not be made public or shown to any other individual without the (c)employee’s written consent, except in the proper operation of the Employer’s business and/or for the purposes of the proper application of this agreement.

Right to Have Steward Present 10.7

Where an employer designate intends to interview an employee for disciplinary purposes, the (a)employer designate must notify the employee in advance of the purpose of the interview and of the employee’s right to have a steward present, in order that the employee can exercise his/her right to contact his/her steward, providing that this does not result in an undue delay of the appropriate action being taken. The Employer shall not choose the shop steward on behalf of the employee.

Where the employer designate intends to interview a steward for disciplinary purposes, the (b)steward shall have the right to consult with a union staff representative and to have another steward or alternate present, providing this does not result in an undue delay of the appropriate action being taken.

This provision shall not apply to those discussions that are of an operational nature and do not (c)involve disciplinary action.

Abandonment of Position 10.8

An employee who fails to report for duty for three consecutive workdays without informing the Employer of the reason for his/her absence will be presumed to have abandoned his/her position. An employee shall be afforded the opportunity to rebut such presumption and demonstrate that there were reasonable grounds for not having informed the Employer.

Confidentiality 10.9

Discussions and interviews between the Employer and an employee or steward regarding discipline shall be carried out in a confidential manner.

ARTICLE 11 - BARGAINING UNIT SENIORITY

Seniority Defined 11.1

Seniority for all regular employees shall be defined as the length of the employee's continuous (a)employment with the Employer, including service prior to certification of the Union.


Straight-time paid hours shall include time spent on: (b)

paid holidays; (1)

paid vacation; (2)

leave during which time an employee is in receipt of wage-loss benefits from the WCB (3)pursuant to Sections 29 or 30 of the Workers Compensation Act in respect of a claim from this Employer. For the purpose of this provision, applicable leave shall also include time during which an employee is receiving WCB benefits other than wage-loss benefits pursuant to Sections 29 or 30 of the Act, so long as the employee is otherwise entitled to benefits under those sections;

paid sick leave; (4)

union leave; (5)

maternity, parental and adoption leave; (6)

other approved paid leaves of absence; (7)

unpaid leave of absence per Clause 28.1. (8)

For the purpose of Part (6) above, straight-time paid hours shall be estimated based on the average weekly straight-time paid hours in the one-half payroll year preceding the leave. Where the employee has been employed for less than one-half payroll year, straight-time paid hours shall be based on the employee's average weekly straight-time hours paid since date of hire.

Probationary Employees 11.2

Seniority shall not accrue during an employee’s probationary period. Upon successful completion of the probationary period, the employee’s seniority shall be accrued from their most recent date of hire.

Seniority List 11.3

A current service seniority list for employees as of December 31st will be provided by the Employer to the Union on or before March 31st of the following year. The list shall indicate the following:

employee's name; (a) employment status (i.e., regular or casual); (b) classification; (c) seniority. (d)

Loss of Seniority 11.4

An employee shall lose seniority and shall be deemed terminated in the event that:

the employee is discharged for just cause; (a)

he/she voluntarily terminates his/her employment; (b)

the employee abandons their position; (c)

the employee is on layoff for more than one year; or (d)

the employee fails to return to work within seven days of recall after being notified by mail at (e)the last address known to the Employer. Employees required to give two weeks’ notice to another employer shall be deemed to be in compliance with the seven day provision.


Re-Employment 11.5

A regular employee who voluntarily resigns his/her employment and within 90 days is re-hired (a)as a regular employee by the same Employer shall retain, effective the date of re-employment, their former seniority and years of service for vacation purposes.

A regular employee who voluntarily resigns his/her employment as a result of a decision to care (b)for a dependent parent, spouse or child residing with the employee, and is re-hired by the Employer, upon application shall be credited with their former seniority and their years of service for vacation purposes. The following conditions shall apply:

the employee must have been a regular employee with at least two years of service (1)with the Employer at time of termination;

the resignation must indicate the reason for termination; (2)

the break in service shall be for no longer than two years and during that time the (3)employee must not have been engaged in remunerative employment for more than six months cumulative;

the previous length of service shall not be reinstated until successful completion of the (4)probationary period on re-employment.

Seniority Dates 11.6

Upon request, the Employer agrees to make available to the Union the seniority dates of any employees covered by this agreement. Such seniority dates shall be subject to correction for error on proper representation by the Union.

ARTICLE 12 - PROMOTION, TRANSFER, PROBATION AND DEMOTION

Probationary Period 12.1

For the first three calendar months of continuous service with the Employer, an employee shall (a)be a probationary employee. By written mutual agreement between the Employer and the Union, the probationary period may be extended by one calendar month provided written reasons are given for requesting such extension. During the three month probationary period, an employee may be terminated. If it is shown on behalf of the employee that the termination was not for just and reasonable cause, the employee shall be reinstated.

Upon completion of the probationary period, the initial date of employment shall be the (b)anniversary date of the employee for the purpose of determining perquisites and seniority.

Selection Criteria 12.2

Appointments shall be awarded in consideration of education, skills, knowledge, experience and seniority. If two or more applicants are considered equal, seniority shall be the determining factor.

Recruitment 12.3

The recruitment provisions of the collective agreement will be modified so that there is no conflict between these provisions and the policies, as outlined below, of the Westbank First Nation regarding employment opportunities for Indigenous peoples. The Employer shall continue its current practice of recruiting employees based on the Westbank First Nation policy ("Westbank First Nation Employer Opportunities Policy"), as outlined below. The policy currently provides that when two equally suitable


applicants are found for the same position, the following considerations (in order listed) shall be used to break a tie when applicable:

Member of the Westbank First Nation. (a)

Spouse/partner of a member of the Westbank First Nation. (b)

Member of a first nation other than Westbank First Nation. (c)

Current employee of the Westbank First Nation who may not receive consideration (d)under (a), (b) and (c) above.

The Employer upon completion of the selection process shall provide to the Union the names of any candidates who received consideration under (a), (b) and (c).

Qualifying Period 12.4

If an employee is promoted, voluntarily demoted, or transferred to a job, the classification for (a)which the Union is the certified bargaining authority, then the promoted, voluntarily demoted, or transferred employee shall be considered a qualifying employee in his/her new job for a period of three months.

In no instance during the qualifying period shall such an employee lose seniority or perquisites. (b)However, if an employee has been promoted, voluntarily demoted or transferred and during the aforementioned three month period is found unsatisfactory in the new position, then the promoted, voluntarily demoted or transferred employee shall be returned to his/her former job and increment step before the promotion, voluntary demotion or transfer took place, without loss of seniority, and any other employee hired, promoted, voluntarily demoted or transferred because of the rearrangement of jobs, shall be returned to his/her former job and pay rate without loss of seniority and accrued perquisites.

An employee who requests to be relieved of a promotion, voluntary demotion, or transfer (c)during the qualifying period in the new job shall return to the employee's former job without loss of seniority or perquisites on the same basis as outlined in Clause 12.1(b).

Temporary Promotion or Transfer 12.5

An employee granted a temporary promotion, transfer or demotion shall return to his/her former job and pay rate without loss of seniority and accrued perquisites when the temporary promotion, transfer or demotion terminates.

Relieving in Higher and Lower-Rated Positions 12.6

In the event of an employee relieving in a higher-rated job, the employee shall receive the next (a)higher increment rate of the new position proportionate to the time worked, retroactive to the start of the relief period.

In cases where an employee is required to transfer temporarily to a lower-rated job, such (b)employee shall incur no reduction in wages because of such transfer.

Promotion 12.7

A regular employee promoted to a job with a higher wage rate structure shall receive in the new (a)job the increment rate that is immediately higher than his/her wage rate immediately prior to the promotion.


For increment progression, the employee's increment anniversary date shall then become the (b)initial day in the new job. Employee pay rates shall become effective from the first day in the new job and further increment increases shall become effective on the established increment date.

However, should the promotion at any time result in a lesser rate of pay than the employee (c)would have received if the promotion had not occurred, then the employee shall retain the increment anniversary date of his/her prior job.

Transfers 12.8

A regular employee transferred to a job with the same pay rate structure as his/her former job (a)shall remain at the same increment step in the pay rate structure and shall retain his/her former increment anniversary date.

A regular employee transferred upon the employee's request to a job with the same pay rate (b)structure as his/her former job, who has the experience in or possesses the ability to perform the duties of the new job, shall retain the pay rate and increment anniversary of his/her prior job.

A regular employee transferred upon the employee's request to a job with the same pay rate (c)structure as his/her former job who does not have prior experience or ability to qualify as above, shall remain at the increment step immediately preceding the step indicated by length of overall seniority for a period not to exceed three months. Upon completion of this qualifying period, the employee shall revert to the increment anniversary date of his/her prior job.

Demotions 12.9

An employee requesting a voluntary demotion from a higher to a lower-rated job, and who is subsequently demoted to the lower-rated job, shall go to the increment step of the lower-rated job commensurate with his/her overall seniority, provided he/she has experience in or possesses the ability to perform the duties of the lower-rated job without a training period. For the purposes of this article and in the event of involuntary demotion, an employee who does not have prior experience or ability to qualify as above, shall remain at the increment step immediately preceding the step indicated by length of overall seniority, for a period not to exceed three months.

Right to Grieve 12.10

Where an employee feels he/she has been aggrieved by any decision of the Employer relating to promotion, transfer or demotion, the employee may initiate a grievance.

Employees who are not the successful applicant for a position may request, within five calendar days of being informed they were not successful, that they be provided in writing with the reasons they were unsuccessful.

An unsuccessful applicant may file a grievance at Step 1 within seven calendar days of receipt of the written reasons, outlined above.

Where a grievance has been filed regarding the filling of a bargaining unit position, the Employer agrees to inform the Union of the name of the successful applicant and all current local bargaining unit employees who were applicants.

Re-Employment after Voluntary Termination or Dismissal for Cause 12.11

Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re-employment, according to regulations applying to new employees.


Excluded or Military Service 12.12

It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.

An employee transferred to a position outside the bargaining unit for three months or less will retain seniority and this will not be considered a break in continuous service. After three months the employee will lose seniority.

More Favourable Rate 12.13

No employee who is at present receiving a more favourable rate than is specified herein shall incur a reduction in such rate unless a reduction in such rate was negotiated.

Position Changes 12.14

Regular employee shall be eligible to accept up to three postings per calendar year.

ARTICLE 13 - JOB DESCRIPTIONS, NOTICE OF NEW AND CHANGED

Job Descriptions and Classifications 13.1

Within six months of ratification of this agreement, the Employer shall draw up job descriptions (a)for all jobs and classifications in the bargaining unit. Each employee shall be provided with a copy of the job description for his/her position. The Union shall be provided with copies of job descriptions for all positions for which the Union is the certified bargaining agent.

Job descriptions shall contain the job title, qualifications and a summary statement of the job, a (b)list of the duties and the date prepared.

Notice of New Positions 13.2

Where a new job classification is required, the wage rate for the new classification shall be established by the Employer, and written notice shall be given to the Union. The classification and wage rate shall be considered agreed unless the Union objects within 30 days of notification.

Notice of Changed Positions 13.3

In the event that the Employer is required to introduce significant changes to an existing job such that the job description is substantially altered, the Employer shall give written notice to the Union outlining the changes which have taken place, along with the Employer's proposal for a change in the wage rate, if any. Should the Union object to the proposed wage rate, such objection to the wage rate must be made in writing, within 30 days of notification by the Employer. If no written objection is received by the Employer, the wage rate shall be considered agreed to.

ARTICLE 14 - JOB POSTINGS AND APPLICATIONS

Job Postings and Applications 14.1

If a vacancy or a new job is created for which union personnel might reasonably be recruited, the following shall apply:

If the vacancy or new job has a duration of 60 calendar days or more, the vacancy or new job (a)including salary range, a summary of the job description, the required qualifications, the hours of


work, including start and stop times and days off, the work area and the commencement date shall, before being filled, be posted for a minimum of seven calendar days, in a manner which gives all employees access to such information.

Notwithstanding (a) above, if a temporary absence is one of less than 60 calendar days, the (b)work of the absent employee may be performed by employees working in float pool positions, where float pools exist.

Notwithstanding (a) above, if the vacancy is a temporary one of less than 60 calendar days and (c)the work is not being performed by a float employee, the position shall not be posted and instead shall be filled as follows:

where practicable by qualified regular employees who have indicated in writing their (1)desire to work in such position consistent with the requirements of Article 14. Should a vacancy under this article result in backfilling of more than one vacancy (including the initial vacancy) the second vacancy may be filled by an employee registered for casual work unless the Employer and the Union agree otherwise in good faith. If the application of this paragraph requires the Employer to pay overtime to the employee pursuant to Article 19, the proposed move shall not be made;

by employees registered for casual work in accordance with the casual addendum; (2)

in cases of unanticipated or unplanned temporary absences, such temporary absence (3)may first be filled under (c)(2) for a period of up to seven days.

A part-time employee who has accepted a casual assignment which conflicts with a temporary (d)vacancy referred to in paragraph (c)(1) above shall be considered unavailable for such temporary vacancy.

A part-time employee who has accepted a temporary vacancy referred to in paragraph (c)(1) above which conflicts with a casual assignment shall be considered unavailable for such casual assignment.

Where an employee declines an offer to work under (c)(1) the Employer need not offer the work again to that employee under (c)(2), if he/she is also registered for casual work.

Existing local agreements will be in force and effect (including termination clauses) unless (e)changed by mutual agreement by the parties at the local level.

Change to Start and Stop Times, Days Off and Department 14.2

In the posting of a vacancy or a new job, the hours of work, including stop and start times, days off and work area may be subject to change provided that:

the change is consistent with operational requirements and the provisions of the collective (a)agreement, and is not capricious, arbitrary, discriminatory or in bad faith; and

the Employer has inquired into, and given prior due consideration to, the importance placed by (b)the affected employee(s) on the existing hours of work, days off and work area; and the impact the change will have on the personal circumstances of such employee(s).

Applications from Absent Employees 14.3

The Employer shall also consider applications from those employees, with the required seniority, who are absent from their normal places of employment because of sick leave, annual vacation, unpaid leave, union leave, bereavement leave, education leave, or special leave, and who have filled in an


application form before each absence, stating the jobs they would be interested in applying for should a vacancy or new job occur during their absence.

Notice to Union 14.4

A copy of all postings shall be sent to the Local of the Union within the aforementioned seven calendar days.

Notice of Successful Applicant 14.5

The Employer shall, within three calendar days, inform all applicants of the name of the successful applicant either in writing to each applicant or posting the name of the successful applicant in the same manner in which the vacancy or new job was posted.

Grievance Investigation 14.6

The Employer agrees to supply to the Union the names of all applicants for a vacancy or new position in the course of a grievance investigation.

ARTICLE 15 - WORKFORCE ADJUSTMENT, REORGANIZATION AND LAYOFF

Workforce Adjustment 15.1

Preamble

This article shall not interfere with the right of the Employer to make such changes in methods of operation as are consistent with technological advances in the health care field.

The purpose of the following provisions is to preserve job security and stabilize employment and to protect as many regular employees as possible from loss of employment.

Job Training 15.2

The Employer and the Union shall establish a joint committee on Training and Skill Upgrading for the following purposes:

for planning training programs for those employees affected by technological change; (a)

for planning training programs to enable employees to qualify for new positions being planned (b)through future expansion or renovation;

for planning training programs for those employees affected by new methods of operation; (c)

for planning training programs in the area of general skill upgrading. (d)

Whenever necessary, this Committee shall seek the assistance of external training resources such as the Federal Human Resources Development Canada and Provincial Ministry of Labour, or other recognized training institutions.

Definition of Displacement 15.3

Any employee classified as a regular employee shall be considered displaced by technological change when his/her services shall no longer be required as a result of a change in plant or equipment, or a change in a process or method of operation diminishing the total number of employees required to operate the department in which he/she is employed.


Bumping 15.4

"Comparable" means that the regularly scheduled hours of work differ by no more than 20% from the regularly scheduled hours of an employee’s current position and the hourly wage rate differs by no more than 5% from the hourly wage rate of the employee’s current position.

"Worksite" means Pine Acres Home.

An employee exercising a right to bump another employee must advise the employee’s (a)Employer within seven days after receiving the seniority list referred to in Subsection (b) of his or her intention to bump an employee within the same department by seniority. In addition, an employee exercising a right to bump under any of the following subsections may only bump into a position in a classification that entails performing duties the bumping employee is qualified to perform and capable of performing.

An employee who has received a layoff notice must decide whether to bump another employee, (b)within the time set out in Subsection (a) above, after receiving from the employee’s Employer a list of the positions on the same seniority list occupied by employees with fewer than seven years seniority.

An employee with greater than seven years seniority making a decision under Subsection (b) (c)above may bump an employee with fewer than seven years seniority at their worksite.

An employee with greater than seven years seniority who does not have an option to bump an (d)employee with less than seven years seniority at their worksite who occupies a comparable position may bump the most junior employee at their worksite who occupies a comparable position.

An employee with greater than seven years seniority who does not have an option under (e)Subsection (d) above may bump the most junior employee who occupies a position at their worksite.

An employee with fewer than seven years seniority making a decision under Subsection (b) (f)above may bump the most junior employee at their worksite who occupies a comparable position or bump the most junior employee who occupies a position at their worksite.

An employee with fewer than seven years seniority who does not have an option under (g)Subsection (b) above to bump the most junior employee at their worksite in a comparable position may bump the most junior employee who occupies a position within the worksite.

If an employee exercises a right to bump another employee under Subsection (c), (d), (e), (f) (h)or (g) above, the Employer may assign the employee to the new position anytime within seven days from the date on which the Employer receives notification that the employee has exercised his or her right to bump that other employee.

An employee who fails to exercise his or her right to bump another employee under this article (i)may be laid off any time after seven days from the date on which the employee received the seniority list referred to in Subsection (b) above or at the expiry of the employee’s notice period, whichever is later.

Notice of Displacement 15.5

Where a notice of displacement or layoff actually results in a layoff, and prior to the layoff becoming effective, two copies of such notice shall be sent to the local designate.

Layoff Notice 15.6

The Employer shall give regular full-time and regular part-time employees the following written (a)notice of layoff or normal pay for that period in lieu of notice:


less than two years’ seniority – 31 calendar days; (1) two or more years’ seniority but less than three years’ seniority – two months; (2) three or more years’ seniority but less than four years’ seniority – three months; (3) four or more years’ seniority but less than five years’ seniority – four months; (4) five or more years’ seniority – six months. (5)

Notice of layoff shall not apply where the Employer can establish that the layoff results from an (b)act of God, fire or flood.

Laid off regular employees shall retain their seniority and perquisites accumulated up to the (c)time of layoff, for a period of one year and shall be rehired, if the employee possesses the capability of performing the duties of the vacant job, on the basis of last off – first on. Laid off employees failing to report for work of an ongoing nature within seven days of the date of receipt of notification by registered mail shall be considered to have abandoned their right to re-employment. Employees requiring to give two weeks’ notice to another employer shall be deemed to be in compliance with the seven day provision. In the exercise of rights under this article, employees shall be permitted to exercise their rights in accordance with Article 15.6 of this agreement.

Contracting Out 15.7

The Employer agrees that they will not contract out bargaining unit work during the term of this agreement.

Termination of Employment 15.8

Employer's Notice of Termination (a)

The Employer shall give regular full-time and regular part-time employees 28 calendar days' notice in writing or normal pay for that period in lieu of notice where services are no longer required, except for casual employees or employees dismissed for just and reasonable cause. The period of notice must be for time to be worked and must not include vacation time.

Employment Abandoned (b)

Any employee who fails to report for work and does not notify his/her supervisor within three workdays and who cannot give an acceptable reason for his/her absence shall be considered as having abandoned his/her position.

ARTICLE 16 - SCHEDULING PROVISIONS

Scheduling Provisions 16.1

(1) The Employer shall arrange the times of all on-duty and off-duty shifts, including (a)statutory holidays, and post these at least 14 calendar days in advance of their effective date.

The Employer alters the scheduled workdays of an employee without giving at least 14 (2)calendar days’ advance notice, such employee shall be paid overtime rates for the first shift worked. Notice of the alteration shall be confirmed in writing as soon as possible.

The Employer intends to implement a revised work schedule, the Employer will post the (3)proposed rotation for seven calendar days so that impacted regular employees in the unit/department have an opportunity to review it. Within a further seven calendar days, the impacted regular employees will select their line on the new rotation in order of seniority.


There shall be a minimum of eight consecutive hours off-duty between the completion of one (b)work shift and the commencement of the next.

When it is not possible to schedule eight consecutive hours off-duty between work shifts, all (c)hours by which such changeover falls short of eight consecutive hours shall be paid at overtime rates.

If a written request for a change in starting time is made by an employee which would not (d)allow eight consecutive hours off-duty between the completion of one work shift and the commencement of another, and such request is granted, then the application of paragraphs (b) and (c) of this section shall be waived for all employees affected by the granting of such a request provided they are in agreement.

Employees may exchange shifts with the approval of the Employer, provided that, whenever (e)possible, sufficient advance notice in writing is given and provided that there is no increase in cost to the Employer.

If the Employer changes a shift schedule without giving a minimum of 14 calendar days’ advance (f)notice and such change requires an employee to work on a scheduled day off, then such hours worked shall be paid at overtime rates. Notice of the change shall be confirmed in writing as soon as possible.

Regular full-time employees shall not be required to work three different shifts in any six (g)consecutive day period posted in their work schedules.

Where operational requirements necessitate a temporary change in start or stop time by up to a (h)maximum of two hours with no change in shift duration, overtime rates will not be applicable.

If child care, transit difficulties or other serious personal circumstances do not permit such a change, employees may decline the change without repercussion by the Employer.

Unusual Job Requirements of Short Duration 16.2

The nature of health care is such that at times it is necessary for an employee to perform work not normally required in his/her job and, therefore, the requirements of the moment shall determine the type of work to be performed. It is understood that an employee shall not be expected to perform a task for which he/she is not adequately trained.

ARTICLE 17 - HOURS OF WORK

Continuous Operation 17.1

The workweek shall provide for continuous operation Sunday through Saturday.

Hours of Work 17.2

The hours of work for each regular full-time employee covered by this agreement exclusive of (a)meal times shall be 37.5 hours per week or an equivalent. Full-time equivalent is 1950 hours per year.

Employees who are scheduled to be on call during a meal period shall be paid for a full shift with (b)the meal period being included within such shift.

Employees shall not be required at any time to work more than six consecutive shifts, and (c)employees shall not receive any time less than two consecutive days off-duty excluding statutory holidays, otherwise overtime shall be paid.


Rest and Meal Periods 17.3

Rest Periods (a)

Employees working a full shift shall receive two rest periods, one in each half of the shift. Employees working less than a full shift shall receive one rest period. Employees electing to take these breaks in their work areas shall receive 15 minute breaks.

Meal Periods (b)

All employees covered by the collective agreement shall receive a one-half hour meal period, no more, no less. The Employer shall attempt to schedule the meal period as close as possible to the middle of the shift.

Split Shifts 17.4

No split shifts shall be worked except in cases of emergency.

Part-Time Employees 17.5

The Employer shall eliminate, as far as possible, all part-time employees.

Daylight Savings Time Change 17.6

Employees shall be paid for actual hours worked when scheduled to work the nights of the standard/daylight savings time changes. It is understood that this pay will be at straight-time.

ARTICLE 18 - OVERTIME

Application of Overtime 18.1

Employees requested to work in excess of the normal daily full shift hours as outlined in Article 17, or who are requested to work on their scheduled off-duty days, shall be paid the rate of time and one-half of their basic hourly rate of pay for the first two hours of overtime on a scheduled workday, and double-time thereafter.

Working Overtime on a Scheduled Day Off 18.2

Employees required to work on a scheduled day off shall receive the overtime rate as provided but shall not have the day off rescheduled.

Working Overtime on a Statutory Holiday 18.3

If an employee works overtime on a statutory holiday which calls for a premium rate of pay as provided at Article 19, the employee shall be paid overtime at the rate of time and one-half times the premium statutory holiday rate for all hours worked beyond seven and one-half in that day.

Overtime Compensation 18.4

Overtime pay shall be paid to the employee within eight days after the expiration of the pay period in which the overtime was earned except as provided in 18.5 below.

Overtime Pay Option 18.5

A record shall be kept of authorized overtime worked by each employee which, at the option of the employee, shall be taken as time off or pay. Should the option be time off, such time off for overtime shall be accumulated and taken at a time mutually agreed to by the employee and the Employer.


Overtime Meal Breaks 18.6

One-half hour with pay shall be allowed the employee in order that he/she may take a meal break either at or adjacent to his/her place of work.

This clause shall not apply to part-time employees until the requirements of Article 17 have (a)been met.

In the case of an employee called out on overtime to work on a rest day this clause will apply (b)only to hours worked outside his/her regular shift times for a normal workday.

Right to Refuse Overtime 18.7

When an employee is requested to work overtime on a scheduled workday or on a scheduled day off, the employee may decline to work such overtime except in cases of emergency. Only in cases of emergency may an employee be required to work overtime. When an employee does not agree that an emergency exists, the employee shall work such overtime under protest and may file a grievance.

Overtime for Part-Time Employees 18.8

A regular part-time employee working less than the normal hours per day of a full-time (a)employee, and who is requested to work longer than his/her regular workday, shall be paid at the rate of straight-time for the hours so worked, up to and including the normal hours in the workday of a full-time employee. Overtime rates shall apply to hours worked in excess of the normal hours in the workday, of a full-time employee.

A regular part-time employee working less than the normal days per week of a full-time (b)employee and who is requested to work other than his/her regularly scheduled workdays, shall be paid at the rate of straight-time for the days so worked, up to and including the normal workdays in the workweek of a full-time employee. Overtime rates shall apply to hours worked in excess of the normal workdays in the workweek of a full-time employee.

Short Changeover 18.9

An employee required to work overtime adjoining his/her regularly scheduled shift shall be entitled to eight clear hours between the end of the overtime work and the start of his/her next regular shift. If eight clear hours of time off are not provided, overtime rates shall apply to all hours worked on the next regular shift.

ARTICLE 19 - SHIFT, WEEKEND AND TRADES QUALIFICATION PREMIUMS

Employees working the evening shift shall be paid a shift differential of 75¢ per hour for the (a)entire shift worked. Employees working the night shift shall be paid a shift differential of $1 per hour for the entire shift worked.

An employee shall be paid a weekend premium of 75¢. (b)

Evening shift will be defined as any shift in which the major portion occurs (c)between 4:00 p.m. (1600 hours) and 12:00 Midnight (2400 hours) and night shift as any shift in which the major portion occurs between 12:00 Midnight (2400 hours) and 8:00 a.m. (0800 hours).


ARTICLE 20 - CALLBACK, CALL-IN, ON CALL

Callback 20.1

Employees called back to work on their regular time off shall receive a minimum of two hours’ (a)overtime pay at the applicable overtime rate, or shall be paid at the applicable overtime rate for the time worked, whichever is greater.

These employees shall receive a transportation allowance based on the cost of taking a taxi from their home to the Employer’s place of business and return or, if the employee normally drives his/her motor vehicle to work an allowance of 53.5¢ per kilometer, effective April 1, 2006, from the employee’s home to the Employer’s place of business and return. Minimum allowance shall be $2.

If an employee is called back to work and does not receive a total of eight consecutive hours off (b)duty in the 24 hour period beginning from the commencement of the employee’s shift, then the employee will not be required to report for duty for his/her next shift until he/she has received a total of eight consecutive hours off duty. In such circumstances, no deduction will be made in the employee’s daily pay and the employee’s normal shift hours will not be extended to have the employee work a full shift.

The employee in the above situation will advise his/her supervisor in advance of the fact that he/she will not be reporting for duty at his/her scheduled time.

This provision is waived if the employee is granted a request for a particular shift arrangement that does not give the employee eight consecutive hours in total off duty in the aforementioned 24 hour period.

Call-in 20.2

Any employee, except those covered by Article 20.1 reporting for work at the call of the Employer shall be paid his/her regular rate of pay for the entire period spent at the Employer’s place of business, with a minimum of two hours’ pay at his/her regular rate of pay if he/she does not commence work, and a minimum of four hours’ pay at his/her regular rate if he/she commences work.

On Call 20.3

Employees required to be on call shall be paid on an on call differential of $2 per hour, or (a)portion thereof.

The minimum on call requirement shall be four consecutive hours.

Should the Employer require an employee to have a pager or beeper available during their on (b)call period, then all related expenses for such device shall be the responsibility of the Employer.

ARTICLE 21 - TRANSPORTATION ALLOWANCE

An employee who uses his/her own motor vehicle to conduct business on behalf of and at the (a)request of the Employer shall receive an allowance of 53.5¢ per kilometre effective the date of ratification. Minimum allowance shall be $2.

Where an employee uses his/her own motor vehicle to conduct business at the request of the (b)Employer, and to the extent that Insurance Corporation of British Columbia insurance premiums are necessarily increased to recognize such usage, the Employer shall reimburse the employee that portion of the premium representing the insurance necessary to move the employee’s coverage from "to and from work" to "business use".


ARTICLE 22 - STATUTORY HOLIDAYS

Statutory Holidays 22.1

All regular full-time and part-time employees are eligible to receive a day off with pay on or for the following statutory holidays:

New Year’s Day Easter Monday Victoria Day Canada Day Thanksgiving Day Labour Day Boxing Day Remembrance Day Good Friday Christmas Day BC Day Family Day

Cultural Observance Day to be elected as either Family Day or Aboriginal Day by November 30th of the previous year.

Should the federal government implement the recommendation of the Truth and Reconciliation Commission and proclaim a national day of observance to honour survivors of residential schools, the Employer will honour it.

Super Stats 22.2

Employees who are required to work on Christmas Day or New Year's Day shall be paid at double-time rates.

Reinstatement While Off Sick 22.3

When an employee has been on sick leave that is inclusive of one or more working days prior to an employer scheduled statutory holiday and one or more working days following such employer scheduled statutory holiday, then the employer scheduled statutory holiday shall become a day to which accrued sick leave credits shall be applied and it shall be re-scheduled. The employee shall be required in all such cases to provide a certificate of illness from a medical practitioner. The provisions of Article 22 paragraph 3 shall not apply to employer scheduled statutory holidays rescheduled in accordance with this paragraph. Such rescheduled statutory holidays shall be rescheduled not later than January 31st of the year following the year in respect of which they were originally scheduled.

Working on a Day Off 22.4

Employees required to work on scheduled days off will receive pay at the rate of double-time for the time worked, but will not have the day off rescheduled.

Non-Super Stats 22.5

Employees who are required to work on a statutory holiday other than a Super Stat shall be paid at the rate of double-time payment of premiums under this provision does not detract from statutory holiday entitlements otherwise owing to the employee.

Scheduling of Lieu Days 22.6

Every effort will be made to schedule such public holidays or their equivalent days, as additions to the employee’s two regularly scheduled days off per week so that employees will receive as many three-day breaks during each year as possible.


Christmas or New Year's Day Off 22.7

The Employer shall make every effort to schedule either Christmas Day or New Year’s Day off for employees so requesting.

Vacation to be Restored 22.8

If an employer scheduled statutory holiday occurs within an employee’s vacation period, an extra day’s vacation will be allowed for each statutory holiday so occurring.


Part-time employees shall receive the same perquisites on a proportionate basis as granted regular full-time employees.

ARTICLE 23 - VACATIONS

Vacation Entitlement 23.1

All employees shall be credited and granted vacation January 1st of each year, to be taken in that year.

Employees with one to five years of service – 15 workdays and one additional day for every year of service to a maximum of 25 days at 15 years.

Vacation Period 23.2

Employees shall submit their vacation requests to their supervisors on or before: (a)

November 1st for the period January 1st through April 30th; and (1) March 1st for the period May 1st through December 31st. (2)

The Employer shall respond to the employees' vacation request within 14 calendar days of the request being submitted. All vacation requests and approvals shall be in writing.

Subject to operational requirements scheduling of vacation shall be in accordance with service (b)seniority, within a department. Where an employee choses to split their vacation, they shall exercise seniority rights in the choice of the first vacation period. Seniority shall prevail in the choice of the second vacation period, but only after all other first vacation requests have been selected. Seniority shall prevail in subsequent vacation periods in a like manner.

An employee who does not exercise her/his seniority rights by the cutoff date stipulated above, (c)shall not be able to exercise those rights in respect to any vacation time previously selected by an employee with less seniority.

Vacation schedules shall be posted on or by November 15th and March 15th of each year. Once (d)posted, vacation shall not be changed except in cases of extreme emergency or by mutual agreement of the Employer and the employee.

Any other vacation requests made outside of the vacation scheduling period, the Employer shall (e)respond within 14 days, in writing.

Vacation Pay 23.3

Vacation pay to which an employee is entitled shall be paid to the employee at least one calendar day before the beginning of his or her vacation, provided that the employee gives the Employer at


least 14 days written advance notice. The amount of his or her vacation pay shall be based on the number of workdays of planned absence due to vacation for each vacation period.

Vacations Non-Accumulative 23.4

Vacation time shall not be cumulative from calendar year to calendar year.

Vacation Entitlement Upon Dismissal 23.5

Employees dismissed for cause shall be paid their unused earned vacation allowance pursuant to Articles 23.1 and 23.2.

Reinstatement of Vacation Days - Sick Leave 23.6

In the event an employee is sick or injured prior to the commencement of his/her vacation, such employee shall be granted sick leave and the vacation period so displaced shall be added to the vacation period if requested by the employee and by mutual agreement, or shall be reinstated for use at a later date.

Call Back From Vacation 23.7

Employees who have commenced their annual vacation shall not be called back to work, except in cases of extreme emergency. If such occurs, an employee shall receive two times his/her applicable rate of pay for all hours worked and shall have vacation period so displaced rescheduled with pay at a mutually agreeable time. All reasonable travel expenses incurred shall be reimbursed to the employee.


Part-time employees shall receive the same perquisites on a proportionate basis as granted regular full-time employees.

ARTICLE 24 - BEREAVEMENT LEAVE

Bereavement leave of absence of three days with pay shall be granted to a regular employee (at the time of notification of death) upon application to the Employer in the event of a death of a member of the employee’s immediate family. This shall include parent (or alternatively stepparent or foster parent), spouse, child, stepchild, brother, sister, father-in-law, mother-in-law, grandparent, grandchild, legal guardian, ward and relative permanently residing in the employee’s household or with whom the employee permanently resides.

Such bereavement leave shall be granted to employees who are on other paid leaves of absence including sick leave and annual vacations. When bereavement leave of absence with pay is granted, any concurrent paid leave credits used shall be restored.

Bereavement leave of absence with pay shall not apply when an employee is on an unpaid leave of absence.

ARTICLE 25 - SICK LEAVE, WCB, INJURY ON DUTY

Employment Insurance 25.1

The following sick leave provisions may be varied by mutual agreement between the Union and the Employer in the event further EIC premium reductions for eligible sick leave plans are attainable under the Employment Insurance Act.


Paid Time Off 25.2

Time off with pay shall be granted on the basis of .83 workdays per month, cumulative up to 75 hours. Upon completion of the three month probationary period, employees shall have paid time off benefits paid retroactive to their starting date to the extent of the accumulated paid time off earned up to the date of return from illness.

Notwithstanding the foregoing, employees with accumulated paid time off in excess of 75 hours, as of date of ratification employees shall have their paid time off bank credited with 75 hours. The maximum accumulation of paid time off shall be 75 hours. No current employee at time of ratification shall have their paid time off reduced.

This provision of the collective agreement may be used in the following ways:

Sick leave. The Employer has the right to request proof of illness. (a)

Personal leave to attend to sick family members living with the employee. (b)

Personal leave to attend an emergent situation where no one else is available. The Employer has (c)the right to request proof of emergent situation.

The Employer may consider operational needs in granting paid time off for requests not (d)involving sickness of either the employee or a family member living at home.

Maximum of three days may be used for general leave, provided reasonable advance notice is (e)given to the Employer.

Proof of Illness 25.3

Sick leave with pay is only payable because of sickness and employees who are absent from duty because of sickness may be required to prove sickness. Failure to meet this requirement can be cause for disciplinary action. Repeated failure to meet this requirement can lead to dismissal. Employees must notify the Employer as promptly as possible of any absence from duty because of sickness and employees must notify the Employer prior to their return.

Leave - Workers’ Compensation 25.4

Entitlement to Leave (a)

An employee shall be granted Workers’ Compensation leave with net pay in the event that the Workers’ Compensation Board/WorkSafe determines that the employee has established a claim (time-loss benefits) and they are unable to perform their duties by reason of the compensable injury which occurred while employed by the Employer. For the purposes of this clause, "net pay" is defined as the employee’s regular net take-home wages to ensure that the non-taxable status of Workers’ Compensation benefits does not provide an opportunity for an injured worker to earn more while on claim than if they were working. The term claim will not include any form of WCB allowance or pension, and this section will not be operative while an employee is receiving such a different form of payment from WCB arising from this claim.

Reimbursement to Employer (b)

The employee shall pay to the Employer any amount received for loss of wages in settlement of any claims.


Benefit Entitlement (c)

When an employee is on a WCB claim all benefits of the agreement will continue to accrue. However, an employee off work on WCB claim shall receive net wages as defined by (a) above, and benefits equalling but not to exceed their normal entitlement had they not suffered a compensable injury. For the first 20 workdays on claim, an employee will accrue statutory holidays and vacation credits. Once the claim exceeds 20 workdays, statutory holidays will not accrue.

Approval of Claim (d)

When an employee is granted sick leave with pay and Workers’ Compensation leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.

Continuation of Employment (e)

Employees who qualify for Workers’ Compensation coverage shall be continued on the payroll and shall not have their employment terminated during the compensable period, except for just cause. Upon return to work following recovery, an employee who was on claim for less than 29 months shall continue in her former job; an employee who was on claim for more than 29 months shall return to an equivalent position, exercising her seniority rights if necessary, pursuant to Article 15.

Sick leave pay shall be paid for the one day or less not covered by the Workers (f)Compensation Act.

Sick Leave Pay 25.5

Sick leave pay shall be computed on the basis of scheduled workdays and all claims shall be paid on this basis. Sick leave deductions shall be according to actual time off.

Medical/Dental Appointments 25.6

An employee must apply for sick leave pay to cover periods of actual time lost from work owing to sickness or accident.

Where medical and/or dental appointments cannot be scheduled outside the employee’s working hours, sick leave with pay shall be granted.

Sick Leave Notification 25.7

Employer shall inform all employees at least once each year of the amount of paid time off accumulated and shall make the information available to an employee on request.

Other Claims 25.8

In the event that an employee is absent from duty because of illness or injury in respect of which wage loss benefits may be payable to the employee by the Insurance Corporation of British Columbia (ICBC), the liability of the Employer to pay sick pay shall rank after the ICBC. Notwithstanding such liability, the Employer shall pay the employee such sick leave pay as would otherwise be payable under this agreement. The employee shall not be obliged to take action against the ICBC, but the Employer shall be entitled to subrogate to the rights of the employee and to take whatever action may be appropriate against ICBC at any time after six months following the illness or injury, unless the employee first elects to take action on his/her own behalf. To the extent that the employee recovers monies as compensation for wages lost, the Employer shall be reimbursed any sick leave pay that it may have paid to the employee.


Where the Employer recovers monies from the ICBC, the employee’s sick leave credits shall be proportionately reinstated.

ARTICLE 26 - EDUCATIONAL LEAVE

Employer Requested Leave 26.1

Leave of absence without loss of pay, seniority and all benefits shall be granted to employees whenever the Employer requests, in writing, that the employee take designated courses and/or examinations. The cost of the course and/or any examination fee and reasonable expenses, including tuition fees and course required books, necessary travelling and subsistence expenses, incurred in taking the course and/or examination shall be paid by the Employer.

In-Service Education 26.2

The parties recognize the value of in-service both to the employee and the Employer and shall encourage employees to participate in in-service. All employees scheduled by the Employer to attend in-service seminars shall receive regular wages.

Employee Requested Long-Term Leave 26.3

After three years’ continuous service, an employee may request an unpaid leave of absence to take educational courses relating to the delivery of health care subject to the following provisions:

The employee shall give the longest possible advance notice in writing. Where an employee (a)requests an unpaid leave of absence in excess of four calendar months, such employee shall make every effort to give six calendar months’ advance notice in writing of such request.

Every effort shall be made by the Employer to comply with such requests, providing that (b)replacements to ensure proper operation of the department can be found.

Notices granting such requests shall be given by the Employer in writing. (c)

Paid Education Leave 26.4

The Employer recognizes the desirability of providing a climate for employees to improve their (a)education level and enhance their qualifications in order to enhance their opportunities for advancement.

Applications for paid education leave shall be submitted giving the longest possible advance (b)notice in writing. Every reasonable effort shall be made by the Employer to comply with such applications.

Paid education leave may be utilized to attend courses which are necessary to maintain an (c)employee’s current certification, registration or licence, required by the approved benchmark. It may also be utilized to sit exams for relevant professional courses.

Provided that the courses or exams are necessary to obtain a qualification set out on an (d)approved benchmark for a job that might reasonably be available at the Employer’s worksite, an employee with at least three years of service with the Employer may also utilize paid education leave to improve his/her education level and qualifications in order to enhance his/her opportunities for advancement with the Employer.

Upon approval of the course, the Employer will grant two days education leave of absence with (e)pay (at straight-time rates), to a maximum of 14.4 hours. Premium pay does not apply under this


article. Paid education leave is not to exceed two days (14.4 hours) of employer contribution per agreement year; nor shall it accumulate from agreement year to agreement year.

ARTICLE 27 - JURY DUTY

An employee who is subpoenaed by the Crown for jury duty, or as a witness for the Crown or the defence (not being himself/herself a party to the proceedings), shall continue to receive his/her regular pay and benefits. The employee shall turn over to the Employer any monies he/she receives from the court on the days he/she is normally scheduled to work, providing this does not exceed his/her regular pay rate. The employee shall not be required to turn over allowances received for travelling and meals.

ARTICLE 28 - LEAVE – UNPAID

Unpaid Leave 28.1

Requests by employees for unpaid leave of absence shall be made in writing to the department supervisor and may be granted at the Employer’s discretion. The employee shall give at least seven days’ notice to minimize disruption of staff. The Employer shall make every reasonable effort to comply with such requests. Notice of the Employer’s decision shall be given in writing as soon as possible.

Unpaid Leave – After Three Years 28.2

For every three years’ continuous service, an employee may request, in writing, an extended unpaid leave of absence, giving the longest possible advance notice. Every reasonable effort shall be made to comply with such requests providing that replacements to ensure proper operation of the Employer’s business can be found. Notices granting such leaves shall be in writing.

Unpaid Leave – Affecting Seniority and Benefits 28.3

Any employee granted unpaid leave of absence totalling up to 20 working days in any year shall continue to accumulate seniority and all benefits and shall return to his/her former job and increment step.

If an unpaid leave of absence or an accumulation of unpaid leaves of absence exceeds 20 working days in any year, the employee shall not accumulate benefits from the 21st day of the unpaid leave to the last day of the unpaid leave but shall accumulate benefits and receive credit for previously earned benefits upon expiration of the unpaid leave.

Unpaid Leave – Union Business 28.4

Short-term leave of absence without pay to a maximum of 14 days at one time shall be granted (a)to employees designated by the Union to transact union business including conventions and conferences unless this would unduly interrupt the operation of the department provided, however, that these designated employees shall be paid by the Employer for time lost in attending meetings during working hours whenever their attendance is requested by the Employer. The Union shall give reasonable notice to minimize disruption of the department and the Union shall make every effort to give a minimum of seven days’ notice.

Long-term leave of absence without pay shall be granted to employees designated by the Union (b)to transact union business for specific periods of not less than 14 days unless this would unduly interrupt the operation of the department. Such requests shall be made in writing sufficiently in advance to minimize disruption of the department. Employees granted such leave of absence shall retain all rights and privileges accumulated prior to obtaining such leave. Seniority shall continue to


accumulate during such leave and shall apply to such provisions as annual vacations, increments and promotions.

Leave of absence without pay shall be granted to employees designated by the Union for the (c)purpose of collective bargaining. Seniority and all benefits shall accumulate during such leave.

The foregoing provisions shall not limit the provisions of Articles 2.8, 7.2, 9.3, 10.3, 11.5, 11.6, (d)12.1 and 12.2.

Every effort will be made by the Employer to retain employees on unpaid leave of absence for (e)union business on the Employer’s payroll and where such employees are retained, the Union shall reimburse the Employer for the wages and benefits involved. This provision does not apply to employees on extended leaves of absence who are employed by the Union on a regular full-time basis.

(1) Provided not less than seven days’ notice has been given, members of the Provincial (f)Executive of the Union shall be granted leave of absence to attend the regular meetings of such Executive.

Where less than seven days’ notice is given, leave pursuant to this paragraph shall be (2)subject to reasonable operational requirements.

Unpaid Leave - Public Office 28.5

Employees shall be granted unpaid leave of absence to enable them to run for elected public office and if elected, to serve their term(s) of office subject to the following provisions:

Employees seeking election in a municipal, provincial, aboriginal or federal election shall be (a)granted unpaid leave of absence for a period up to 90 calendar days.

Employees elected to public office shall be granted unpaid leave of absence for a period up to (b)five years.

ARTICLE 29 - MATERNITY, PARENTAL AND ADOPTION LEAVE

Maternity Leave 29.1

Pregnancy shall not constitute cause for dismissal. (a)

Medical complications of pregnancy, including complications during an unpaid leave of absence (b)for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.

The period of maternity leave shall commence six weeks prior to the expected date of birth. The (c)commencement of leave may be deferred for any period approved in writing by a duly qualified medical practitioner.

An employee shall notify the Employer in writing of the expected date of birth. Such notice will (d)be given at least 10 weeks prior to the expected date of birth.

If an employee is unable or incapable of performing her duties prior to the commencement of (e)the maternity leave of absence without pay, the employee may be required to take unpaid leave of absence.


The Employer may require the employee to provide a doctor’s certificate indicating the (f)employee’s general condition during pregnancy along with the expected date of confinement.

An employee is entitled to maternity leave up to 17 weeks without pay. (g)

Parental Leave 29.2

Upon written request an employee shall be entitled to parental leave of up to 37 consecutive (a)weeks without pay (or 35 consecutive weeks in the case of birth mother who takes maternity leave under Article 29.1). The leave period may be extended by an additional five weeks where the employee’s claim is extended pursuant to Section 12(7) of the Employment Insurance Act.

Where both parents are employees of the Employer, the employees shall determine the (b)apportionment of the 37 weeks (or 35 consecutive weeks in the case of birth mother who takes maternity leave under Article 29.1) parental leave between them. In such case the Employer shall be advised of the arrangements at least four weeks prior to the commencement of the leave.

Such written request pursuant to (a) above must be made at least four weeks prior to the (c)proposed leave commencement date.

Leave taken under this clause shall commence: (d)

In the case of a mother, immediately following the conclusion of leave taken pursuant to (1)Article 29.1 or following the adoption;

In the case of the other parent, following the adoption or the birth of the child and (2)conclude within the 52 week period after the birth date or adoption of the child. The "other parent" is defined as the father of the child and/or spouse of the mother, including common-law spouse as defined by Definition #13. Such leave request must be supported by appropriate documentation.

Benefits Continuation 29.3

For leaves taken pursuant to Article 29.1 and 29.2, for the first 20 days of such leave, the (a)employee shall be entitled to the benefits applicable to other leaves of absence.

For the balance of the leaves taken pursuant to Articles 29.1 and 29.2 the Employer shall (b)maintain coverage for medical, extended health, dental, group life and long-term disability and shall pay the Employer’s share of these premiums.

Notwithstanding (b) above, should an employee be deemed to have resigned in accordance with (c)Article 29.4 or fail to remain in the employ of the Employer for at least six months after their return to work, the Employer will recover monies paid pursuant to this article on a pro rata basis.

Deemed Resignation 29.4

An employee shall be deemed to have resigned on the date upon which leave pursuant to Articles 29.1 and 29.2 commenced unless they advised the Employer of their intent to return to work one month prior to the expiration of the leave taken pursuant to Article 29, or if they do not return to work after having given such advice.

Entitlements Upon Return to Work 29.5

Notwithstanding Article 23 - Vacations, vacation entitlements and vacation pay shall continue to (a)accrue while an employee is on leave pursuant to Articles 29.1 and 29.2, providing the employee


returns to work as a regular employee for a period of not less than six months. Vacation earned pursuant to this article may be carried over to the following year notwithstanding Article 23.5.

Upon return to work, the employee shall continue in her former position without loss of (b)perquisites accumulated up to the date of commencement of the maternity or parental leave of absence without pay and subject to the provisions of Article 29.3.

Employees who are unable to complete the six months return to work required in (a) as a result (c)of proceeding on maternity or parental leave shall be credited with their earned vacation entitlements and vacation pay providing the employee returns to work as a regular employee for a period of not less than six months following the expiration of the subsequent maternity or parental leave.

Adoption Leave 29.6

An employee is entitled to adoption/parental leave pursuant to Article 29.

ARTICLE 30 - OCCUPATIONAL HEALTH AND SAFETY

The Employer and the Union agree to cooperate in the promotion of safe working conditions, the prevention of accidents, the prevention of workplace injuries and the promotion of safe workplace practices. The Employer and the Union agree to adhere to the provisions of the Workers Compensation Act and related regulations. The Employer will ensure that the Occupational Health and Safety Regulation is readily available at each worksite for reference by all workers and will ensure that workers are aware of the onsite location where the Regulation is available for viewing.

Occupational Health and Safety Committee 30.1

The parties agree that a joint occupational health and safety committee will be established. The (a)Committee shall govern itself in accordance with the provisions of the Occupational Health and Safety Regulation made pursuant to the Workers Compensation Act. The Committee shall be as between the Employer and the Union, with equal representation, and with each party appointing its own representatives. In addition to the Joint Union-Employer Occupational Health and Safety Committee, the Union agrees to actively pursue with the other health care unions a joint committee for the purposes of the Occupational Health and Safety Regulation.

Employees who are members of the Committee shall be granted leave without loss of pay or (b)receive straight-time regular wages while attending meetings of the Joint Committee. Employees who are members of the Committee shall be granted leave without loss of pay or receive straight-time regular wages to participate in workplace inspections and accident investigations at the request of the Committee pursuant to the WCB Occupational Health and Safety Regulation.

The Occupational Health and Safety Committee shall have as part of its mandate the jurisdiction (c)to receive complaints or concerns regarding workload problems which are safety-related, the right to investigate such complaints, the right to define the problem and the right to make recommendations for a solution. Where the Committee determines that a safety-related workload problem exists, it shall inform the Employer. Within 21 days thereafter, the Employer shall advise the Committee what steps it has taken or proposes to take to rectify the safety-related workload problem identified by the Committee. If the Union is not satisfied with the Employer’s response, it may refer the matter to the Industry Troubleshooter for a written recommendation.

No employee shall be disciplined for refusal to work when excused by the provisions of the (d)Workers Compensation Act and regulations.


Where the Occupational Health and Safety Committee determines that it is necessary to obtain (e)information on its role and responsibility, it shall use the resources of the Workers’ Compensation Board and/or the Occupational Health & Safety Agency. The Committee will increase the awareness of all staff on such topics as: workplace safety, safe lifting techniques, dealing with aggressive patients/residents, WHMIS and the role and function of the Occupational Health and Safety Committee. The Committee will foster knowledge and compliance with the Occupational Health and Safety Regulation by all staff.

The Employer will provide orientation and/or in-service, which is necessary for the safe (f)performance of work, including universal precautions, the safe use of equipment, safe techniques for lifting and supporting patients/residents and the safe handling of materials and products. The Employer will also make readily available information, manuals and procedures for these purposes. The Employer will provide appropriate safety clothing and equipment.

The Employer shall be informed by the Occupational Health and Safety Committee of its (g)recommendations on ergonomic adjustments and on measures to protect pregnant employees as far as occupational health and safety matters are concerned.

Aggressive Patients/Residents 30.2

When the Employer is aware that a patient/resident has a history of aggressive behaviour the (a)Employer will make such information available to the employee. Upon admission or transfer the Employer will make every reasonable effort to identify the potential for aggressive behaviour. In-service and/or instruction in caring for the aggressive patient/resident and on how to respond to patient’s/resident’s aggressive behaviour will be provided by the Employer. The appropriate occupational health and safety committee will be consulted on the curriculum. The Employer shall make every reasonable effort to ensure that sufficient staffs are present when any treatment or care is provided to such patients/residents.

Critical incident stress defusing shall be made available and be known to employees who have (b)suffered a serious work-related, traumatic incident of an unusual nature. Leave to attend such a session will be without loss of pay.

Vaccination and Inoculation 30.3

The Employer agrees to take all reasonable precautions, including in-service seminars, to limit (a)the spread of infectious diseases among employees.

Where the Employer or Occupational Health and Safety Committee identifies high risk areas (b)which expose employees to infectious or communicable diseases for which there are protective immunizations available, such immunizations shall be provided at no cost to the employee.

The Employer shall provide Hepatitis B vaccine, free of charge, to those employees who may be (c)exposed to body fluids or other sources of infection.

Transportation of Accident Victims 30.4

Transportation to the nearest physician or hospital and return transportation to the worksite or the employee’s residence for employees requiring immediate medical care as a result of an on-the-job accident shall be at the expense of the Employer. Return transportation to the employee’s home shall not be provided by the Employer where someone at the employee’s home can reasonably provide such transportation.


Working Alone or in Isolation 30.5

The Occupational Health and Safety Committee shall have the mandate to review procedures established by the Employer for checking the well-being of employees working alone or in isolation under conditions which present a risk of disabling injury where the employee might not be able to secure assistance in the event of injury. The Committee shall have the right to make recommendations to the Employer regarding such procedures.

Employee Workload 30.6

The Employer shall ensure that an employee’s workload is not unsafe as a result of employee absence(s). Employees may refer safety-related workload concerns to the Occupational Health and Safety Committee for investigation under Article 30.1(c).

ARTICLE 31 - HEALTH AND WELFARE PLANS

Eligible employees shall be enrolled in CINUP/WFN Health and Welfare Plan. The Employer shall pay 80% of premiums.

Medical Plan 31.1

Eligible employees and dependants shall be covered by the British Columbia Medical Services Plan or carrier approved by the British Columbia Medical Services Commission. The Employer shall pay 100% of the premium.

An eligible employee who wishes to have coverage for other than dependants may do so provided the Medical Plan is agreeable and the extra premium is paid by the employee through payroll deduction.

Membership shall be a condition of employment for eligible employees who shall be enrolled for coverage following the completion of three months’ employment.

Termination of Health and Welfare Benefits 31.2

Upon termination of employment, all health and welfare benefits (except MSP) to which an employee is entitled shall terminate.

ARTICLE 32 - MUNICIPAL PENSION PLAN

Municipal Pension Plan 32.1

Regular employees at date of ratification shall be covered by the provisions of the Municipal (a)Pension Plan. That is, all regular employees shall be entitled to join the Municipal Pension Plan after three months of employment and shall continue in the Plan as a condition of employment.

Notwithstanding the foregoing, existing regular part-time employees who are not now enrolled in the Plan, and any new regular part-time employees, may, either now or at the time of hiring, decline to be enrolled in the Plan for the period of their part-time employment.

Casual employees shall be eligible for enrolment in the Municipal Pension Plan in accordance with the provisions of the Plan and the Municipal Pension Plan rules. As at the date of ratification of this collective agreement the Municipal Pension Plan rules provided for the following:


A casual employee who has been employed in a continuous full-time capacity with the (1)same employer for a period of 12 months shall be enrolled in the Plan as a condition of employment.

Regular part-time and casual employees (except as noted in [1] above) who have (2)completed two years of continuous employment with earnings from the Employer of not less than 35% of the year’s maximum pensionable earnings in each of the two consecutive calendar years shall be enrolled in the Plan as a condition of employment, unless the employee gives the Employer a written waiver.

Notwithstanding the reference to the Municipal Pension Plan in Article 35, the parties agree that (b)for all employers certified on or before September 30, 2003, the Plan shall be effective January 1, 2004 or six months after the date of certification, whichever is later. For employers certified after September 30, 2003, the application of the Municipal Pension Plan shall be the subject of negotiation between the parties.

The Employer agrees that at the time an employee retires, assistance will be given to the same (c)extent as in the past in the preparation and forwarding of applications for pension and medical, Extended Health Benefits and Dental coverage. It is understood that this shall be at no cost to the Employer.

ARTICLE 33 - EMPLOYMENT INSURANCE COVERAGE

All employees affected by this agreement shall be covered by the Employment Insurance Act, or succeeding Acts.

Premiums rebated by the Employment Insurance Commission shall be paid directly to employees by the Employer.

ARTICLE 34 - VOLUNTEERS

It is agreed that volunteers have a role in health care and are an important link to the community being served.

It is further agreed that volunteers will be supernumerary to established positions in the bargaining unit, and that the use of volunteers will not result in the layoff of employees in the bargaining unit; nor will volunteers be used to fill established positions within the bargaining unit.

ARTICLE 35 - CASUAL EMPLOYEES

Employment Status 35.1

Casual employees shall be employed only to relieve in positions occupied by regular full-time and regular part-time employees that could not be reasonably expected to be filled by employees working in float pool positions, where float pools exist, provided that a casual employee shall not be used for a period in excess of 90 calendar days in any one position. Without limiting the generality of the foregoing, the Employer may call casual employees to perform the following work:

vacation relief; (a)

sick leave relief; (b)

education relief; (c)


maternity leave relief; (d)

bereavement leave relief; (e)

union business relief; (f)

educational leave relief; (g)

such other leave relief as is provided by the collective agreement; or (h)

in an emergency where an extraordinary workload develops, a casual employee may be used to (i)do work having a duration of 60 calendar days.

Seniority 35.2

Casual employees shall be called in to work in the order of their seniority provided that they are (a)registered to work in a job classification applicable to the work required to be done. A casual employee shall be entitled to register for work in any job classification in a single department in respect of which such employee meets the requirements of the class. No casual employee shall be registered in more than one department except where the Employer and the Union otherwise agree in good faith.

Casual employees shall accumulate seniority on the basis of the number of hours worked and (b)upon written notification by the Union the number of hours paid for leave for union business.

Where it appears that the regular employee whose position is being filled by a casual employee (c)will not return to his/her position within 60 calendar days, that position shall be posted and filled pursuant to the provisions of Articles 12, 14 and 15 of the agreement.

A casual employee who is appointed to fill a position under (c) above shall not thereby become a (d)regular employee. A casual employee may become a regular employee only by successfully bidding into a permanent vacancy in respect of which there is no present regular incumbent. Upon completion of an assignment a casual employee shall be reverted to the casual list.

For purposes of relating the seniority of a casual employee to that of regular employees, the (e)seniority date or initial date of hiring of such employee shall be calculated by:

Dividing his/her number of seniority hours by a factor of 7.5 (or by a factor of 7.0 in the (1)event that the hours of work of regular employees under Article 17 shall be reduced to 35) which shall be deemed to be the number of days worked.

Taking the number of days worked derived under Subsection (1) herein multiplied by a (2)factor of 1.4 rounded off to the nearest whole number which shall be deemed to be the number of calendar days of employment. The seniority date shall then be calculated by backdating from the applicable date the number of calendar days thus determined.

Upon return to work, casual employees will be credited with seniority hours based on (3)their relative position on the casual list while receiving Workers' Compensation Benefits.

Application of Agreement to Casual Employees 35.3

Casual employees are entitled to all benefits of this agreement except the following:

Article 12 – Promotion, Transfer, Probation and Demotion; (a) Article 15 – Workforce Adjustment, Reorganization and Layoff; (b) Sections 23.3 and 23.4 of Article 23 – Vacations; (c) Article 24 – Bereavement Leave; (d)


Article 25 – Sick Leave; (e) Article 26 – Educational Leave; (f) Article 27 – Jury Duty; (g) Article 28 – Leave – Unpaid; (h)

Article 29 – Maternity Leave; (i) Article 31 – Health and Welfare Plans; (j) Article 32 – Municipal Pension Plan, except as otherwise provided by legislation. (k)

Casual Call-In Procedures 35.4

The manner in which casual employees shall be called to work shall be as follows:

The Employer shall maintain both (a) a master casual seniority list which shall include all casual (a)employees employed by the Employer listed in descending order of their seniority; and (b) a classification registry for each job classification in which casual employees may be used. Each classification registry shall list those casual employees who have been qualified to work in that job classification in descending order of hours worked.

The Employer shall call by either telephone or cellular phone (or pager by mutual agreement) (b)only those casual employees who are registered in the classification registry applicable to the work required to be done at a number provided by the employee. The Employer shall commence by calling the most senior employee in the classification registry. Employers may agree at the local level to develop a system to contact eligible employees who are already at work. Only one call need be made to any one casual employee provided that the telephone shall be permitted to ring a minimum of eight times.

All such calls shall be recorded in a log book maintained for the purpose which shall show the (c)name of the employee called, the time of vacancy, the time that the call was made, the job required to be done, whether the employee accepts or declines the invitation to work or fails to answer the telephone, and the signature of the person who made the call. In the event of a dispute the Union shall have reasonable access to the log book and shall be entitled to make copies.

If the casual employee who is being called fails to answer or declines the invitation to work, the (d)Employer shall then call the next most senior employee registered in that job classification and so on until a casual employee is found who is ready, willing and able to work.

Casual employees shall not be dismissed except for just and proper cause. (e)

Casual employees may be laid off from the casual list in the reverse order of their seniority (f)where it becomes necessary to reduce the workforce due to economic circumstances. Laid off casual employees shall retain their seniority for one year subject to which they shall be reinstated to the casual list in the order of their seniority when it becomes necessary to expand the workforce.

Casual employees shall move to the increment step indicated by accumulated hours of service (g)with the Employer.

Casual employees, who refuse five shifts without cause, within a six month period, shall drop to (h)the bottom of the call in list.

Casual employees who do not work at least one shift within a twelve month period shall be (i)removed from the call in list.


Casual Seniority List 35.5

The master casual employee seniority list and each classification registry shall be revised and updated every three months as of the last date of the payroll period immediately prior to January 1, April 1, July 1 and October 1 (the "adjustment dates") in each year. The seniority of each casual employee thus determined shall be entered in the classification registry in descending order of the most hours worked to the least. Casual employees hired after an adjustment date shall be added to such classification registry or registries as are applicable in the order that they are hired.

For purposes of a call-in to do casual work, any time accumulated in a current period shall not (a)be reckoned until the next following adjustment date.

Within two weeks of each adjustment date the Employer shall send to the senior union official a (b)revised copy:

of the master casual seniority list; and (1) of each classification registry maintained by the facility. (2)

Probationary Period 35.6

Except for post-probationary regular employees who transfer to casual status under (a)Article 35.8(a), casual employees shall serve a probationary period of 488 hours of work. During the said probationary period casual employees may be terminated for unsatisfactory service.

A casual employee who has not completed probation under this clause and who successfully (b)bids into a regular position, shall serve a probationary period pursuant to Article 12.1 of this agreement.

Where a casual employee who has completed probation successfully bids into a regular position, (c)such employee shall not be required to serve another probationary period under Article 12.

Paid Holidays and Vacation for Casual Employees 35.7

Casual employees shall receive 8% of their straight-time pay in lieu of scheduled vacations and statutory holidays.

Regular to Casual Status 35.8

A regular employee who is laid off shall be entitled as of right to transfer to casual status. Other (a)regular employees may transfer to casual status provided that the Employer requires additional casual employees. Upon transfer such employees shall be entitled only to such benefits as are available to casual employees. Such employees shall maintain all accumulated seniority and benefits to the date of the transfer converted to hours on the following formula:

to determine the number of days worked, take the number of calendar days between (1)the employee’s seniority date and the date of transfer multiplied by a factor of 0.714; and then

to determine the number of seniority hours, multiply the result obtained under (2)subparagraph one by a factor of 7.5.

Regular part-time employees may register for casual work under this addendum except that (b)Clause 35.2(e) shall not apply. Where the regular schedule of a part-time employee registered under this clause conflicts with a casual assignment, the part-time employee shall be deemed to be unable to work except that where the assignment is longer than four days the employee shall be relieved of his/her regular schedule at the option of the employee. All time worked shall be credited to the employee's seniority hours.


Sick Leave Credits 35.9

Sick leave credits accumulated under the provisions of Article 26 may be used by regular part-time employees who become sick during a casual work assignment. The use of sick leave credits under these circumstances is limited to the current casual assignment and is not applicable to any casual assignments which the employee has not yet commenced.

ARTICLE 36 - PRINTING OF AGREEMENT

The Union and the Employer desire every employee to be familiar with the provisions of this agreement, and his/her rights and obligations under it. For this reason the Union shall print sufficient copies of the agreement for distribution to employees.

ARTICLE 37 - TERM OF AGREEMENT

Duration 37.1

This agreement shall be binding and remain in effect until midnight, July 31, 2020.

Notice to Bargain 37.2

This agreement may be opened for collective bargaining by either party giving written notice to the other party on or after April 1, 2020 but in any event not later than midnight, April 30, 2020.

Where no notice is given by either party prior to April 30, 2020 both parties shall be deemed to have been given notice under this article on April 30, 2020.

All notices on behalf of the Union shall be given by the President or designate and similar notices on behalf of the Employer shall be given by the Employer.

Commencement of Bargaining 37.3

Where a party to this agreement has given notice under Article 37.2, the parties shall, within 30 days after the notice was given, commence collective bargaining.

Changes in Agreement 37.4

Any change deemed necessary in this agreement may be made by mutual agreement at any time during the life of this agreement.

Effective Date of Agreement 37.5

The provisions of the agreement shall come into full force and effect on the date of ratification, unless specified otherwise.

Agreement to Continue in Force 37.6

Both parties shall adhere fully to the terms of this agreement until a strike or lockout occurs.


SIGNED ON BEHALF OF THE SIGNED ON BEHALF OF THE UNION: EMPLOYER: Stephanie Smith Steve Gardner President Administrator Blaine Mills Bargaining Committee Tara Duncan Bargaining Committee Bonnie McEwan Bargaining Committee Member Debra Critchley Staff Representative Dated this __________ day of ___________________, 20_____.


SCHEDULE A Wages Scales and Classifications

Classification Step July 31, 2015 July 31, 2016 July 31, 2017 July 31, 2018 July 31, 2019

Cook 1

1 2 3

17.42 18.52 20.42

17.59 18.71 20.62

17.86 18.99 20.93

18.13 19.27 21.25

18.40 19.56 21.57

Cook 2 (Lead)

1 2 3

19.77 20.35 21.43

19.97 20.55 21.64

20.27 20.86 21.97

20.57 21.17 22.30

20.88 21.49 22.63

Food Service Worker

Dietary Aide

1 2 3

16.16 16.56 17.99

16.32 16.73 18.17

16.57 16.98 18.44

16.81 17.23 18.72

17.07 17.49 19.00

Laundry

1 2 3

17.02 17.37 18.67

17.19 17.54 18.86

17.45 17.81 19.14

17.71 18.07 19.43

17.98 18.35 19.72

Housekeeping Aide

1 2 3

16.16 16.56 17.99

16.32 16.73 18.17

16.57 16.98 18.44

16.81 17.23 18.72

17.07 17.49 19.00

Building Services Coordinator

1 2 3

20.35 21.49 24.24

20.55 21.70 24.48

20.86 22.03 24.85

21.17 22.36 25.22

21.49 22.70 25.60

Administrative Assistant Coordinator/Scheduler

1 2 3

20.06 22.09 24.11

20.26 22.31 24.35

20.56 22.65 24.72

20.87 22.99 25.09

21.19 23.33 25.46

Health Care Aide

1 2 3

19.94 20.86 22.16

20.14 21.07 22.38

20.44 21.38 22.72

20.75 21.71 23.06

21.06 22.03 23.40

Licensed Practical Nurse

(3900 hours)

(7800 hours)

1 2 3

24.25 25.75 27.57

24.49 26.01 27.85

24.86 26.40 28.26

25.23 26.79 28.69

25.61 27.20 29.12

Care Supervisor (LPN)

1 2 3

27.94 28.83 29.76

28.22 29.12 30.06

28.64 29.56 30.51

29.07 30.00 30.97

29.51 30.45 31.43

Recreation Aide

1 2 3

19.63 20.30 21.47

19.83 20.50 21.68

20.12 20.81 22.01

20.43 21.12 22.34

20.73 21.44 22.68

Step 1: Date of Hire

Step 2: 1950 from date of hire

Step 3: 3900 hours

*** In Charge Pay: Where the Employer designates an LPN in the absence of a Care Supervisor, the LPN

will receive a premium of $2.

Shift Differential: Evening: 75¢/hour, Night: $1.00/hour, Weekend: 75¢/hr. Definitions of shifts and applicability of shift differential to remain as per the expired collective agreement.


ADDENDUM Group Life Insurance Plan

Eligible employees shall be covered by the CINUP/WFN Plan.

The Employer shall pay 80% of the premiums.

MEMORANDUM OF UNDERSTANDING 1

Re: Manual Lifting

The parties agree to establish a goal of eliminating all unsafe manual lifts of patients/residents through the use of mechanical equipment, except where the use of mechanical lifting equipment would be a risk to the well-being of the patients/residents.

The Employer shall make every reasonable effort to ensure the provision of sufficient trained staff and appropriate equipment to handle patients/residents safely at all times, and specifically to avoid the need to manually lift patients/residents when unsafe to do so. If the use of mechanical equipment would be a risk to the well-being of the patients/residents, sufficient staff must be made available to lift patients/residents safely.

The parties agree to take the following immediate steps through the Occupational Health and Safety Agency for Healthcare to achieve this goal throughout the subsector.

(a) Work in partnership with the Workers’ Compensation Board, the Ministry of Health and others to establish a financing framework to make funds available to purchase the necessary mechanical equipment;

(b) Finalize and distribute clear industry guidelines for safe patients/residents handling;

(c) Encourage the full participation of the local joint Occupational Health and Safety Committee in the development, implementation and ongoing monitoring of this goal;

(d) Recommend to the Ministry of Health that all new health care facilities be equipped with appropriate lifting equipment; and

(e) Produce an annual report card on the progress to date including specific recommendations for the coming year.

MEMORANDUM OF AGREEMENT 1 Re: Patient/Resident Handling Techniques

Health care workers, particularly Care Aides who move and handle patients/residents, experience some of the province’s highest rates of musculoskeletal injuries.

Appropriate patient/resident handling techniques have had a positive impact in reducing injury rates.

The parties agree that within three months of the ratification of the collective agreement they will establish a joint committee comprised of four representatives each from the Employer and the Union. The Committee will utilize subject matter experts such as OHSAH. Each party will pay its own costs for participation in the Joint Committee.

The purpose of the Committee is to develop strategies and make recommendations to the Joint Engagement Committee on patient/resident handling program(s) with an emphasis on safe techniques


for the use of ceiling lifts and other mechanical assisted devices, peer coaching, and mentoring, and an engagement plan for managers and other members of the nursing team to advance the objectives of the program. Improved patient/resident handling techniques will promote a safety culture within the workplace.

MEMORANDUM OF AGREEMENT 2 Re: Shift Scheduling and Rotations

The parties agree there is value in employers considering the preferences of employees during the development of shift schedules and rotations which promote quality health care together with employee job satisfaction. The Employer and Union will identify and work to reduce six consecutive shift rotations.

Accordingly, employers shall consider the preferences of employees in the development of schedules and rotations that address employee concerns, that enhance patient/resident care and service delivery, and that meet operational requirements.

MoveUP 04070820v1

COLLECTIVE AGREEMENT between the PINE ACRES HOME and …former.bcgeu.ca/sites/default/files/collective... · 2017-06-02 · COLLECTIVE AGREEMENT between the PINE ACRES HOME and the

Documents