Collective Agreement - Negotech

Collective Agreement

between

Ontario Public Service EmpIoyees Union

AND

Onmo Dairy Herd Improvement Corporation

Expiry date: December 31, 1995

OPSEU

SEFPO

Preamble Recognition No Discrimination Check-Off Of Union Dues Management's Right

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union Representation No Strikes or Lockbuts Grievance proc* Arbitration Seniority

Job Security (Layoff & Recall) Posting & Filling of Vacancies or New PoaitianS L ~ V C - Union! A ~ t i ~ i ~ a

Bereavement Leave PlegMnCy & Parental Leave

special Leave Education Leave Paid Holidays Vacation with Pay Sick Leave Employee Texmination Payments

Jury Duty Leave

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Hours of work Tempomy Assignmenb Employee Benefits Part Time Employees Rates of Pay Video Display Terminals Notice of Resipation Temporary Employees General (Health & Saf")

Duration of Agreement

Schedule 1 Ratm of Pay Janwry 1,1994 to December 31,1994

schedule 2 Rates ofpay January 1,1995 to June 30,1995

Letter of understandin# (car Allowarlw C d u w )

Appendix A

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1. The purpose of this Agreement between the Employer and the Union is:

a) to establish and maintain a collective bar@ning process;

b) to maintain satisfactory working conditions and terms of employment for all employess who we subject to this Agreement;

c) to establirh procedures for the prompt and equitable handling of grievances.

2. It is understood that the provisions of this Agreement apply equally to male and female employeus. All re€iionws to the mule gender in the Agreement shall read as applyin8 to the fmde gender where the context would apply.

The parties, therefore agree aa follows:

1.01 In accordance with the Ontario Labour Relatiom Act, the Ontario Dairy Herd Improvement Corporation (the Employer) rscognizea the Ontmio Public Service Employees Union (the Union as the exclusive collective bargaining agent for d l employees of the Corporation ;MW and except Supewiron, Herd Management Specialists, EBS Coordinator, persow &ova the rank of Supwiror, Secmtary to the General M w e r , Semtary to the Manqger of CommunicatiodSecretary to the B o d , other penom employed in matter8 cadidentid to employee relations Md studen& employed during school d o n or on a work experience period of up to six (6) months.

1.02 The Employer q p a a to -mint new employea with the faat that a Union Agreement is in effbct, and to provide copiea of the Colldve Agreement to the emplayem. The mlt of printing copies of the Agmment will be paid by the Union. The Cospodon will reimburse the Union for 50% of the coat, up to $250.00.

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2.01 The Employer and the Union agee that there will be no intimidation, discrimination, interference, restmint or coercion exercid or practimd by either of them or by any of their representatives or members beawe of any members

membership or non-membership in the Union, or because of his activity or laci of activity in the Union, or legal political party or organization.

2.02 The Employer and the Union agree that there shdl be no &sorimination wrist any employee on any prohibited ground set out in the Ontario coda.

OFF OF UNION D m

3.01 There shall be deducted from the regular bi-weekly pay of every employee in the bargaining unit and every probationsty employee a mm equivalent to membership d w to the Ontario Public Service Ernployeea Union. Union duea shall also be deducted fiom any rstroactivs wage increme$.

3.02 The deductions rff'ed to herein shalt be remitted to the Ontario Public Service Employees Union and shall be foiwudad prior to the 15th day of tho following month to the Director of Finance, at Head Mee, 100 m i l l Rood, Nordr Yo& Ontario M3B 3P8. Included with the deduction8 remittad d l be a summary indiovtiq the names of employem on whose behalf deduction8 hrvs been ma& the employee's social immnce numbar, und the mount of the deduction for each employee.

3.03 The Union mwt adviae the Employer in whtiag of the mount of it8 regular dum. The mount ao advised shall continua to be d e d a until changed by a Mer written notice to the Employer &nod by authorized ofltiicidr of the Union.

3.04 The Union agma to indemnie and save the Employer harmlesr &om any liability dins out of the operation of thic Artiole.

4.01 The Union recognizes tlut the Employer has the Crxolusiw right to m m e the Corporation and direct the work fom and h Union .tlorowledgsr that it ir the exclusive firnotion of the Corporation to:

a) him, promote, diachruge, demote, dirsot, clurifL, tran&ar, lay-off, recall, suspend or othdme discipline employms provided that if an employee who ku oompleted the probationary perid hu beon didmrpd, laid off or

disciplined without reasonable cause, a grievance may be filed and dealt with in accordance with the Grievance Procedure.

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b) determine - i) the nature and kind of business;

ii) the kinds and locations of equipment and materid to be used,

ii) the methods and techniques of work

iv) the number of pbnonnel to be employ&,

v) the expansion, curtailment or d o n of operations; and,

vi) all other functiom except as specifically limited by the tsrms of this apament.

c) to develop a policy manual which outlinea aaf" and general conduct and prowdwal rules and regulations of the Corporation and ib employees.

4.02 The Corporation qpwa that them fiurotions will be exemid in a menncrr consistent with the pmvisionr of this Agreement.

5.01 All reference to the Union, ita offieam and manbefa, u n l e ~ otherwim specified, shall also refer to OPSEU, ita officm rrad manben.

5.02 The Employer qpea b rscogake the following reprwentativea of the Union:

a) a alriev8nce Committee wmpriwd of two (2) 8tewards and a staff repremntative, of the Union;

b) a Ne@atiom Committee comprised of up to fwe (5) bugaining unit amployem and a 8taR representative of the Union.

c) an Employee Relations Committee of up to 4 bargainiq unit employees.

5.03 It is the intent of both p d e r to this Agreement that an Employee Relation8 Committae be establi&ed oomiating of four (4) bargaining unit employees, the

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Director of Human +Resources and three (3) of his designates to improb communications and to discuss and attempt to resolve concerns not itemized in this Collective Agreement. Such items might include new procedures, allowance of coveralls, boots, etc.

The Committee will meet not 1- than &rea (3) times per year. Minutes of the Employee Relations Committee will be circulated to all Corporation employees. The cost of Srlariaa and travel will be paid by the Employer.

It is understood and agreed that the Committee r M 1 not have jurisdiction to discuss propod amendments to the Collective Agreement nor to deal with any matter that is properly the subject of a &vanee.

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6.01 The Employer 8greea that during the lse ofthis Agreement there $hat1 be no lock-outa, and the Union weer that there will be no strikm.

7.01 DQfmition: For the purpose of this Agreement, a grievance is ddined am a diffmence arising between the partiw relating to the interpretation, application, administration, or allqpd vioidon of the A m e n t , ineluding any questions as to whether a matter irr arbitrable.

7.02 lave8

An employw who believes he hrr a complaint or diff'm ahodd first discuss the complaint or difhnw with hi8 Supaviror. If my complaint or diffhnce is not mhb tody settled by the auparviror, the employee mcry p r d to Stags 1.

A grievmoe properly bring under this Agreement rhrtl be rdjurtsa and settled a8 follow:

The aggrieved employee shall premnt his bevance in writing to his immediate supenrisor within twenty (20) day8 aftef he bemute aware or tearonably ought to h e become aware ofthe circumstances giving rim thereto.

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If the gri&ance is not satisfactorily ssttlcd within ten (10) dayr of receipt of the written grievance and a Stage 1 griwmce meeting has been held, tho grievot may then proceed to S-e 2.

The grievor shall present his grievance in writing to the Corporation's Director of Human Resources who ahdl convene a m d n g With the fievor and his Union Representative, within frfben (15) days of receipt of the written grievance.

The Director of Human Resources SMl noti@, in writ@ the griever and his Union Representative, of the time and place of said meeting, and SMl render his decision in writing, within fifteen (1 5) days of srid meeting.

Failing demspt of the @ i m w at thir atage, the gfievor may then p r o d to Arbitration as provided in Article 8 within ten (10) wr of d p t of the decision.

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It is understood and agreed that a griever may ba mistad by a Union S W . Repromtative at Stage 1 and Stage 2 of the C3ricvamoe Prodme.

7.03

Any probationary employee who ir diamiaaed or r e l d ahall not be entitled to file a grievance. Any employee other than a probationary employee who is diamirsed ahdl be entitled to file a gcimce at Sme 2, provided he doea 10 within ammn (7) d q s of the data of the diunid.

7.04

The Union and the Employee shall have the ri@t to file a pievanee b d on a diw ririag out of the applicntion, interpretation, or allqpd violation of the Agrwmmt. However, a Union grievance SMl not indude any matter which an employee is per8olly entitled to +eve. A polioy grievance may be lodged in Writing at Stqp 2 of tho grievance procedure at my time within thiity (30) days of when the party baame aware or masonably ought to have bscome aware of the oircwnrrtlrnccw @veri rim to the grievance. If not rrtirf;hotoriy d e d , it may be r d d to arbitration in the same manner, and to the same extent as an employee grievance within ten (10) day8 of receipt of the party's decision.

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7.05 Time L imi&

The time limits set out in both the grievance and arbitration procedures contained herein are mandatory and failure to comply with such limits exoept by written agreement of the patties, shall result in the grievance deemed to have been abandoned, aubject only to Section 45(8.3) of the Ontario Labour Relations Act. Such time limits shall exclude Saturdays, Sundays, and paid holidays.

8.01 Where a diffmnw arises between the @ea relatin8 to the intupretation, application or administration of the agreement, including my question U to whether a matter ir arbitmble, or where M allqption ir made that this agrement has buen violated, the p d e a hereby to the following arbitration proC8dWsS.

8.02 The party r e q d n g arbitration at the rwne time ahall name his nominee to the Board. The other party shall, within five (S) working days thamfk, name its nominee. The two (2) nominm -1, within wen (7) working @a, attempt to agrw on a Chainnan for the Board.

The Board of arbitration &dl be mnpriad of one (1) pmon appointed by the Employer, and one (1) person appointed by the Union, md a tbird (3rd) person to act as a Chairman, chosen by the 0th- two (2) members of the Board.

8.03 Should the penon chown by the Employer to act on the Board and the peraon chosen by the Union fail to a p e to 8 third (3rd) person witbin seven (7) working dayr t h d , the Miniater of Labour will be arksd to nominde a person to ad as Chrirmm. Such a requmt dl be made by the party wirhing to fkther ptoocwr the grimnce.

8.04 The dsoiriOn oftbe qjority of the Boud ahdl be the dwiaion of the Board, and on fb ibg 8 Wority, the dmirion of the Chairman rhrll govern.

8.05 Each of the partien heruto will bear the expense of the nominee appointed by it and the parrtim will &are equslly the fem and expen- ifauy, of the Chairman of the Arbitration Board.

8.06 Notwithatanding Artidea 8.02, 8.03,S.M and 8.05, it ia 8greed that either party of the Coltsctive Agreement may requmt the Minim of Labour to appoint a sinele arbitrator as defined in Section 46 of the Ontario Labour Relations Aat.

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Each of the parties shall share equally the fees and expenses of the arbitrator appointed.

8.07 The Employer agms to provide necessary leave of absence without loss of pay and benrdits for an employee who has a grievance to attend a meeting with the Employer or to attend an arbitration hearing putswurt to Articlw 7 and 8 of thu Agreement. Reasonable travel expenses for attsndantx at a grievance m d n g will be paid by the Employer, however, no travelling or other expenses drall be borne by the Employer, nor shall a Corporation vehicle be used by an employaa for any such travelling, when the purpose of such travelling is to attend at an arbitration hearing.

Seniority as rdmd to in this Agreement for firll-time staff shrrll be qwl to the length of continuous aerviod inclusive of employment as a civil senrant with tha Crown in the Right of Ontario and the Corporation combined and aull bs on a bargaining unit-wide basis, including those former full-time con- employee hired to work for the DHI program in the onbrio Ministry of Agridture urd Food, between January 1,1979 and Mmh 31,1981 md excluding thorn former employees of the Ministry of AgrioUlture and Food who mlgnad their position within the Miniatry and were rubsequently h i d by the Corporation. Seniority shaI1 then commeam as of the dab of hire by the Corporation.

Smiority ab r d d to in this Agreement for part-time a t d dull be computed on the bmir of 1606 horn worked eqdr one y d s d o r i t y far Field S a end 1700 horn worked equals one year's seniority for Laboratory and Head Wloe M.

9.02

a) An smploym rhrll have no seniority durin8 the probationary period. A ME time employee shrrll serve a probationay period of six (6) months, which period sN1 exclude my abwnw6 in oxmm of thirty (30) OontjnuOIu

quivalent pmrata probationary period, io. 800 horn worked in the cue of Field StafT, or 850 horn worked in the m e 0fLabomtory of Head Office M. After completion ofthe probatjonary perid, mniority shall data bmk to the data of him for firtl-time @, and part-time a@ shall be orsdited

d 9 8 WdOf A r t i C k 9.06 (b). A pe&W mplwm 8 h d l - O UI

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with six (6) month's seniority based upon 800 hours worked or 850 hour worked, as appropriate.

b) In addition to any other discussions which may take placq each probationary employee will meet with his or her supervisor mid-way through the probationary period at which time any Mormance deficiencies will be diucusaed and, as appropriate, remedial action suaested.

. . 9.03 Senioa TsrgQInatioa .

Seniority shall terminate and tho employee shall cease to be employed by the Employer when he:

a) vohntady quits his employment with the Employw,

b) retires;

c) is discha@ and is not reinstated throqh the grievance procedure or arbitration;

d) is laid ,off and fails to report for work fourtc#n (14) .@s afbr receipt of a noti- of return to work, unlesa abmnt for a rdluon usisfrctory to the Employer;

e) is absent h m work for a period of five (3) scheduled working duys without nm-eina the Employer and providing a rwluln addkctory to the Employ=,

f ) Fdomr no work for any muon for a continuow period of twelve (12) monw c#roluding employees on long.ltssm disability who return to part- time or fhll-thne employment in letu than twenlpfour (24) months. It is understood that this provirion will be adminiatered in accordance with the onbrio code. U

9.04 A dosiQr lie rhrll be forwarded to the Union's Head offhe onm per year and shrll be ciroultbcrd at dl Diatrictal DHI CorponsiOn employee meetings.

9.05 An anpioyw who ic promoted to a position outaide of the baqpining unit rrMl d n hir d o d y for a period of one (1)'ysar &om the date of hi8 promotion, during which time ha may exercise his ri@ with rempact to Articlm 10 and 11.

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1 9.06 a) It is understood that during an approved unpaid absunce not exceeding thirty (30) continuous calendar days or any 'approved absence paid by the Corporation, both seniority and semicc will accrue.

b) During an approved unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of satyr increment, vacation, sick leave, or any other hef i ts under any provisions of the Collective Agreement or elsewhere, shall be suspended, the benefits concerned appropriately reduced on a pro rata basir and the employee's anniversary date adjusted accordingly. in addition, ths employee will become rtsponsible for full payment of subsidized employee benefits in which hdshe is participating for the period of the absence, except that the Corporation will continue to pay ita share of the premiums for up to eighteen (18) months while an amployee ir in receipt of W.C.B or L.T.D. benefits and during a prqpancy or p m i q leave, unlms the employee el- not to partioipate in a benefit. Not withrtMding this pmvibion,wryice shall accrue during pre#nency or parental leave.

c) It is Mer understood that during such unpaid rbmnce, credit f i r seniority for pwposea of promotion, demotion, W e r or @-off shrll be suapended and not merue during the period of absence. Notwithstanding this provition seniority shall accrue during PWMCY or pussrtrl leave or for a period of twelve (12) month8 if an employee's abmm is due to a disability resulting in W.C.B. bendits.

60.01

A) In the went of a propod layoff in the Hsld Ofhe or in a Laborptory, the mort junior employee in the po&on d€'d will be dven notios of b O f f .

B) The Employer will i m m d i l y noti@ the Union of the impending layoff and the @ea will meet within ten (10) drys to:

ii) Consider altematiw arrangemanta that would ameliorate the impact on the rffcoted employee;

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iii) If the parties can reach tentative agreement on alternative. mangements, the Union will discuss them with the s f f d employee to g e e if the employee apes;

iv) Following such discussions, but not luter than four (4) w& following the initial meeting with the Union, the parth may enter into a written memorandum to sat aside the layoff provisions set out in this Article for purpoma of the particular layoff under d i d o n and such memorandum shall p r h l and be binding on the partiw and effibotsd individualr.

If there is no such memorandum f o d d the following procedum shall apply:

(i) The surplus employee may bump the moat junior employee in the same clamifidon in the Head O f b or in the Labommy, a~ appticable, provided the surplus employee M greater aeniori~ than the employee he wanb to bump and provided he 0111 demonansts to the aatisbtion of the Empioyer tlut ha hrr the necmwy qurrlificationa, &ill, ability and cornpatenee to do tha job, The Employw will not exmcise thb judwent -b.

(ii) Failing placement under the above, the surplus employee hall be of€ered a vacancy in a lower paid oldfieation in the Corporation, or he may bump the moat junior employee in any lower paid oladimtion, provided the surplus employee has patar seniority than the ~#non he wanb to bump and provided ha 01111 demonstrate to the dsbt ion ofthe Exnplqor that he hrr the nacedlvy qurlificntiom, rfdHl, ability and competence to do the job. The Employer Will not exercise thir judgement unrsaronably.

D) Failing plrwsnrsnt under 10.01 (C), the employee rhrll be laid off.

E) The provisions of Article 10.01 (C) or 10.02 (B), (C), or @) dull apply to an employee laid off U a remilt of a surplus employee exereiring hi8 ribta under this Article. Failing pl-ent, the d i a p l d empbyw &all be laid of€.

F) An employee displaced as a r d t of an employee e x d i n g his righta under 10.01 (E), shall be hid off.

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10.02 Field Omrations - moff @ , l

A) In the went of a proposed layoff in Field Operations, the employee a t T i i shall be notified, the Employer will immediately noti@ the Union of the impending layoff and the partiea will meet within ten (10) days to:

0 disouas the rewns for the proposed layoff;

. ii) consider alternative arrangemcnfs to ameliorate the impact upon affeotsd employees, including a preference for fill-time over part- time work and any other re-de~ign of senrice arm;

iii) if the parties can reach tentative m a t on altsrnative arrangements, the Unioh will discuss them with the &d employee to MO if the knployee weer;

iv) following @U& dicroussion but not later than four (4) weeks following the initial meeting with the Union, the partier mry enter into a written memorandum to aet aside the layoff provisions set out in this Article for purpoaea of the partioular layoff under d i d o n and suoh memorandum shall prevail and be binding on the parties and a f f d individda.

B) If there is no auch memorandum formalized, the following produr~nr shall apply:

i) the employee identified (U surplus and given notice under Article 10.02 (A), &dl be o f f 4 a wmnt poition in his obifiat ion.

' Tbir off@ dudl be made and the employee rrhall indicate whether he wishea to accept the w~cllloy within two (2) weeks of there behq no memorandum f m ,

ii) if there is no vacancy mailable under 10.02 (B) (i), or if the employee declinea to mwpt the vamney, the employee may bump a more junior employee in hir obifiat ion. The employee rhrll advise the employer if he is exercising his bumpins rights within two (2) weeks of being advid that there is no vacancy or if he declines a vlloancy;

. iii) failing placement under 10.02 (B) (i), the employee shall be o f f d a vacancy in any lower paid olmifioation, or he may

- 12 - bump a more junior employee in any lower paid classification, such offer or decision to be made within two (2) weeks following the deciaion under 10.02 (B) (ii), provided that he can demonstrate to the satisfaction of the Employer that he ha8 the neceswy qualifications, skill, ability and competence to do the job. The Employer will not exercise its judgement unrmaonably;

iv) failing placement under 10.02 (B) (iii), the employee shall be laid 0%

v) an employee dirplawd a0 a r e d of an employee exercising his rights under this d o l e be o f f d 8 vacancy or shall have the right to bump in the aame manner and to the aame extent as set out above;

vi) An employee being laid off aa a result of an employee or cnnployeea exercising their rights under thir article, dull meive notice in accordance with the &nlovm-

10.03 Should a Ml-time poaition be designated (U) part-time, the employaa rhrtf iuve the option of continuing in the position in mcordme with the *time provisions, or of axsroising his right8 uadsr Articles 10.01 and 10.02.

10.04 An employee identified as mrrplus will not be mbject to lay-off until sightem (18) weeks have elapsed from date of notification that the porition ir redundant.

10.0s A laid off employee dud1 retain but not accrue his seniority for a period of twelve (12) monthl following the date of lay-off.

10.06

a) When an amployee har been bid off and I vmmy occurs within the job clurifIcttion fkom which he WM; laid off within twelve (12) montlu of the day of lay-off, he shall h e the right to be recalled to employment, providing the employee can demoiutmte to the d a b t i o n of the amplaycrs that he hru the nacearuy qdificrdionr, dcill, ability and competence to do the job. The employer will not d m ita judgement un-nably.

b) When two or more employees am eligible for recall to the m e job, selection will be in order of seniority prddiqg the employee CUI demonstrate to the mtiaf'action of the Employer that he has the necesmy

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10.07

10.08

10.09

10.10

10.11

qualifications, skill, ability, and competence to do the job. The Employer will not exercise its judgement unreasonably.

A surplua employee shall not be assigned a vacant position pursuant to the foregoing produres unless any laid off employees specifically waive their ri&ts for rcoall.

The Union agrees that any employee exercising seniority righta under this article shall take precedence over the claims of an employee exercidng mniority ri@s under the job posting and filling requirements of Article 11.

In the event that a layoff as set out above is of a pmnanent nature and if the employee so requests, the Employer agroea to provide rearonable assistance to the employee in preparing a reaumt and advising the 8griculture community in Ontario of the employee's availability.

The employer shall provide a minimum period of four (4) week8 for an employee to meke 8rranpxnent8 for the move of his residence (U I r d t of the exercise of layoff righta under Article 10.

In the event of a propod layoe employcss who are at least 65 year8 of age shall be laid off prior to any other displacement provided that the employee is eligible for retirument with fill @on under the Collective Agreement.

11 - W T N G & W G OF VAcANcrFs' -ON&

11.0.1

a) Except 111 provided for in 11.01 (b) hereunder, when a vacancy occurs for a bqpining unit paition or a paition at the fint level of rupervisig it shall be advertid for at lest ten (10) working days prior to the establi&ed clo8ing date. Notice of awh vacancy sM1 be posted on bulletin boards at Head a c e , in the taboratories and Oirdated by mail in the SWMemo. Notices shall state, where applicable the nature and title of the position, day, qualifroosionr requid and looation. All application8 will be aclmowledged.

b) Tempomy vacancies of le^ than four (4) monthJ duration shall not be subjwt to the provisions of 11.01 (a). Tempomy wcuroies of a longer duration shall be subjwt to the provisions of 11.01 (a); however, where the s u d l applicant is an existing st& member, the vacanq created in that staff member's regular position shall not be subject to the

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provisions of 11.01 (a). Such staff member shall rwed to his or ht.. regular position upon completion of the temporary assignment. This Article shall not apply to vacancies created by pregnancy leave or parental leave.

. . 11.02 Fillinn V~CQBEX

When a vacancy occurs for a bargaining unit position that is subject to the provisions of 11.01 (a), the following fhctors shall be considerd.

a) seniority;

b) qudificationr, skill, ability, competence and dic iawy. Should the fbctors in (b) in the opinion of the Employer be relatively equal as betweem two (2) or more anpl6ywa, the d fraotor (a) seniority ahall govern.

11.03 When in the opinion of the Employer none of the applicants fiom within the bargaining unit am oapabla of ddmtorily pudbnnie the dutiw of the poNtion, the Employer ir not required to mud the porition to my of the applieanta fiom within the bargaining unit.

1 1.04 The Employer agrees that it will not exsaoiw ita rights under the Article in a mannar that is unrsluonable.

1 1 .OS Whereikii-tima -cy o-rs, and work remain8 available to fill the position on a full-time basis, the Employer will not convert the vacated porrition to part- time by splitting and hlliw the vacancy with part-time employeem.

12.01

Upon farrrtcnn (14) days written n o b , leave of h e e without loas of rqplar pay or bsardhr wilt be -tad to m m h of the Negotiating Committee while nwotiuting with the Employer.

Once notiee has beon given purrurnt to this article with rmpwt to the first meeting between the p d t s with mpwt to nagothdonn, them shall be no requirement for fbrther written notice where the perties b e wed upon subwpent datea for negotiations.

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12.03

12.04

Upon five (S) days written notice, leave of absence without pay will be gnrnted to membcrs of the Grievance Committee for the purpoae of attendance at arbitration hearings. Upon five (5) days written notice, leave of abmce without loss of regular pay and benefits will be wanted to members of the Grievance Committee for the purpose of attending at a grievance hearing at Stage 2 of the grievance procedure.

Upon three days notice, leave of abaence without loa of pay will be granted to an employee chosen by the Union to attend any mecrting behween !he employer and the union convened for the purpow of d i d n g a proposed layoff under article 10. The employee choaen by the Union will be paid for this extra duty provided there will be na lorn of test days.

Union CO-

Upon at ieast fourteen (14) day8 written notioe by the Union, leave of abaenw without pay but with no 1088 of cradita shall be mted for three (3) employew to attend the following Union conventions:

a) OPSEU Annuat convmition;

b) OPSEU Regional Meetings;

c) BPS Dividonal Meetings;

d) Edumtiond Seminars.

Provided the -gate total dom not exceed twmQ-five (2s) dry8 for all employees in my ~ v e n year and provided such leave dom not unduly intdbre with the sfnoient opodons of the Employer.

13.01 An mnploycw who would otherwise have been at work shrtl be allowed up to three (3) dqrs leave of absanw with pay in the went of the death of his spouse, mother, *er, moth-in-law, fder-in-law, aon, dau@er, brother, dater, son- in-law, dau&t&n-lrrw, brother-in-law, rirtcir-in-law, grandparent, gmndehild, ward or man for the purposs of making arrangements for, and attendance at the funeral.

- 1 6 -

An employee who would otherwise have been at work shall be allowed one day's leave of absence, with pay for attendance at the funeral of an aunt 03 uncle, niece or nephew.

An additional leave of absence without pay may be granted if request4 in advance and if neae- for the purpose of travelling to attend the funeral, and such leave shall not be unreasonably denied.

14.01 The Employer &all grant up to wenteen (17) we& l a m of abwnce without pay and with ammulation of amvice and seniority for the purpose of childbirth to a f d e employee who hru been &nployed for at least thirteen (13) weeks.

The leave of abmenta ahdl be in ac~~tdmce with the pmviaioru of the S- Act and subject to my limitatioru therein (nee appendix

A to the Collective Agreement).

14.02 Parents (111 defined h d n are entitled to up to &&bun (18) weeks' l w e of abssnco without pay, and with ammulation of senria and seniority.

Parental leave m mt out in this Article SMl be mted to a parent which includes a pcason with whom a ohild is placed fbr adoption md a person who ir in a rehtiomhip ofrome permanence with the parent of the child and who intend8 to treat the child tu his or har own.

The parantd 1- of abmw rhsll be in mcodanw with the pravirionr of the and subject to my Wtatiom themin (ace appendix

A of tb Collative Apment).

14.03 The bployer chrll continue to pay ita of the premium CO& of i n d beneh and &on while w employee is on pragnaacy or parental leave, unldsr the employee e l m in writin8 not to partioipate in a bendb.

14.04 On confirmation by the Unemployment hsuranue Commi&on of the appropriatemm of the Corpodon'B Supplasnentary Unemployment Bendit (SUB) Plan aa sat out in Appendix B employam entitled to prapncy leave

- 17-

under Article 14.01 shall receive for the first two (2) weeks of leave, payment equivalent to seventy-five percent (75%) of their regular weekly rate.

a) A full time employee's regular weekly w a p shall be determined by multiplying the employee's regular hourly rate on her last day worked prior to the commencement of the leave, times the employee's normal weekly hows.

b) A part time employee's regular weekly wage shall be determined by multiplying the employee's regular hourly rate on thoir tast day worked prior to the commencement of the leave times their average weekly horn. The averqe weekly horn shall be determined aa the a v e q e of horn worked in each of the preceding 13 weeks.

14.05 On confirmation by the Unemployment Inam@e C o m m i ~ o n of the appropriatenem of the Corporation's, Supplementary Unemployment Benefit (SUB) Plan as set out in Appendix B, Attaahed emplayam entitled to pusntrt leave under Article 14.02 shall, provided the parental l w e is for a period of at least eight weeks, reaive for the first two (2) w d w of leave, pryment equivalent to stvcmtylfive percent (75%) of their re* weekly rate.

a) A fidl time employee's replar weekly wage shall be determind by multiplying the employee's @U hourly rate on hi8 or her last dry worked prior to the commencement of the leave, timea the employee'r nomd weekly hours.

b) A part time employee's replar weekly wage rhrll be dotarmined by multiplying the employee's regular hourly rate on their laat day worked prior to the commencement of the leave timw their avenge weekly hours. The werage weekly h o w ahall be determined U the a v m e of hours worked in each of the preceding 13 weeks.

14.06 The provisiona of Artiole 14.05 Wl not apply to a fmde whom parental lerve begins at the time her pregnancy Iwe ends.

15.01 Where an employee ir abmnt by maon of a -OM to mrve U a jutof, or under subpoena aa a W ~ M in a court of 18w, the Employer rhrrtl, upon receipt &om the employee of any fm received while U a juror or witnms, exoluding

- 18 -

travelliq, meals, or other expenses, pay to the employee his regular wages rob. the day or days of absence.

16.01

16.02

16.03

Leave of absence with or without pay may be panted by the Employer for special or compassionata purposes upon written request to the Corporrtionts General Manager or designee.

The granting of leave under Article 16.01 jhall not be dependent upon or charged wsinst vacation credits, sick credit8 or attendance creditrr.

Leave of abwnce for d u d o n purposss, without pay and without service and seniority, may be granted upon written requeat to the Cotporasionls G e n d Manager or designate. The duration and termr of such leave will be mattam for determination between the employee concerned and the Corporation.

17.01 The following h01idays regardless of when thw firll will be granted to all employee8 with pay who have been employed for more than thirty (30) conmutive dayr:

New Y d r Day Civic Holiday WwP Ihy Labour Dly (3rd Mondsy in Febnruy)

Viatoria Duy Chri8ttnu Day CI3ud. Dry Boxing Day

Good Ffid8y Thank8giving Dsy

Two (2) fl- holidays to be taken at a mutually agrmd time. Should the employer be required to observe an additional annul holiday as a mdt of l@dation, it i8 understood that one of the exbting holidryr set out above shall be removed, after dimssion with the Union, so that the total number of d r y s shall remain at twelve (12).

The employee must work his regular schedule shift Wore and aAer mch holiday unlaw prior permission luu been pnted by the Employer, or unleaa on

17.02

- 19-

17.03

17.04

17.05

vacation, or unless medical reasons satisfactory to the Employer have been given, in order to be entitled to holiday pay. .

Should any of the aforementioned paid holidays provided in Article 17.01 of the Agreement fall during an employee's vacation period or re@ularly scheduled days off, then such employee shall be F t e d an extra day off with pay.

In the event that a Head Oflice or Laboratory employee is required to work on any of the above holidays, he shall be paid at one and one-half (1%) times his regular hourly rate for all hours worked on the holiday and W l receive a day off with pay in lieu of the holiday to be scheduled at the mutual agreement of the employee and his supervisor.

For purposcw of clarity, holiday payment under Article 17.01 will be computed on the basis of the number of hours worked per day in the employw's regular work schedule, at the employee'r regular rate of pay.

ARnCtF: 18 -~ J!iuxEDN WmLUx 18.01 Vacation d i t s acerue monthly, but are credited on January 1.

Employma shall rewive an annual v d o n with pay as follow, baaed upon so1yice 8s at December 31 of the previous year:

V d O Q

a) L e s a t h a n l y s u Sec Article 18.04

b) l yc# rbu t l s r r th rn6ysu r 1s days

c) 6 ycwn but 1- thrn 8 yeam 16 dry8

d) 8 yean but le^^ than 10 year8 17 d r y s

e) 10 yeara but 1- than 12 years 19 days

f ) 12 years but lem than 14 years 20 days

g) 14 yeam but less than l S years 21 dSy8

- 20 -

h) 15 years but less than 20 years 22 days, plus 1 (one) additional day for every year of service up to and including the 19th year

i) 20 years but less than 24 years 27 days

j) 24 years or more 30 days

18.02 (A) In order that employees may schedule annual vacations, the Employer shall circulate the following vacation request forms upon which each employee shall indicate dates on which they prefer to take their earned vacation:

i) For vacations during the period January 1 to March 31 inclusive, the form shall be circulated by the previous October 1 to be returned to the Employer no later than October 31. The Employer Will respond to the vacation requests by November 15.

ii) For vacdons during the Mod April 1 to December 31 inclusive, the form shall be circulated by the previous February 15 to be returned to the Employer no later than March 15. The Employer will respond to the vacation requests by March 31.

(B) The Employer shall consider seniority in scheduling vacation, but may, nevertheless, schedule vacations at a regard to the efXiciency of the Corporation.

(C) The employer shall advise Employees of the Christmas period schedule prior to March 15, it being understood that the, schedule may be subject to change due to circumstances beyond the Employer's oontrol.

18.03 a) For the purpose of vacation entitlement only, years of full-time service with the Ontario Ministry of Agriculture and Food shall be added to selyice with the Corporation for employees who transferred directly to the Corporation baforc December 31, 1981.

b) For the purpose of vacation entitlement only, and effective in the 1988 vacation year, years of full-time m i c e of R.O.P. Inspectors who transferred directly to the Corporation from Agriculture Canada before December 3 1, 1986, shall be added to service With the Corporation.

- 2 1 - 18.04

18.05

18.06

18.07

On commencing employment, an employee shall accrue vacation on a pro rata basis (e.g. 1.25 days per month), for the balance of the calender year, but shall not be permitted to take vacation until he has completed six (6) months of continuous sewice.

Employees may request splitting of vacations and these shall be granted where the n d s and diciency of the Corporation can be met. An employee may carry over one (1) y e d s vacation credits into the following year and any vacation credita beyond this level shall be forfeited, provided the Corporation has given the employee adequate notice and opportunity to use the vacation.

Where m employee terminates employment havine u d unearned vacation credits, the amount of unearned vacation will be an amount owing to the Corporation and deducted fiom the employee's frnal ~IIY.

a) Where an employee's scheduled vacation is interrupted due to serious illness which commenced prior to and continues into the scheduled vacation period, the period of such illnms shall be considered sick leave under Article 19.

b) Where an employee's scheduled vacation is interrupted due to serious illness requiring emergent or aurgical medical care, the period of serious illnew lrhrll be considered sick leave providing the employee submits a certificate &om a l ed ly qualified medical practitioner.

c) The portion of the employa8's vacation which is deemed to be sick leave under the above provisions will not be counted against the employee's v d o n credia.

19.01 An employee who is unable to attend to his duties due to sickness or injury is entitld to 8i& leaw with pay a8 follow:

a) With regular rratary for the first six (6) working days of absence.

b) With mmty-five percent (75%) of replar aaIq for an additional one hundred and twenty-four (124) working d a y s of absence, in each caiendar year.

- 22 - 19.02 a) The employer shall allow an employee to use up to four of their sick--

leave credits per year for leave of abwnce to care for an ill spouse, child or parent. It is understood that this article does not amend an employee's rights to leave of absence tisewhere in the collective agreement.

b) In addition to the provisions of Clause 19.01, an employee who is abmt less than six (6) working days in a calendar year shall bu entitled to carry over the unused balance of those six (6) d 9 a fiom year to year to a maximum carry-over of eighteen (1 8) day8 for we I sick leave at rqplar PaY.

19.03 An employee is not entitled to sick leave with pay until he has completed sixty (60) consecutive working days of employment.

19.04 When an employee is on sick l w e which commenmr in one calendar year and continues into the following calendar year, he is not entitled to si& loma with pay for more than one hundred and thirty (130) workiw days in the two (2) years until he has returned to work fbr twenty (20) consecutive work@ @a.

19.05 An employee who has used riok feave with pay far 130 worldng w8 h a calendar year must complete twenty (20) aonsecutiw working brys Mom he is entitled to Mer leave in the next calendar year.

19.06 The pay of an employee under this Article is subject to deductions for inaur8nce coverap and pension contributions that would be made &om rqpiar pay. The Employer-paid portion of all paymonte and subBidim Will oontinue to be made.

19.07 An employee on sick leave with pay under this Article mry, at his option, have one quarter (%) of a dry deducted fkom any awumulated W o n d t s , overtime credits, or O.M.A.F. attendance credits, for each awh day of abwnee and receive rsgUtar pay.

19.08 Where, fot muon8 of health, an mployoe is frequently absent or unable to pc#farm his datiea, the Employer may require him to mbmit to a madid examination at the expense of the Employer.

19.09 After five (5) comcutive dryr' absence in a dmdu year muad by sichas, no leavs with pay &dl be allowed mi888 a amtiticat@ of a l e l y qualified medical practitioner is foryarded to the Manager or his designate, certifjring that the employau is unable to attend to his official duties. Notwithstanding this provision, where it is swpwted that there may be an abuse

- 23 -

19.10

19.11

19.12

19.13

19.14

of sick leave, thu supervisor may require an employee to submit a medical certificate for any period of absence.

Employee returning from the Long Term Disability Plan to resume employment must complete twenty (20) consecutive working days of employment to qualify for benefita under the Sick Leave Plan.

For the purposes of this Article twenty (20) consecutive working days of employment shall not include vatation leave-of-abmcu or any leave without pay, but days worked More and after such leave shall be considered consecutive. Notwithstanding the above, where an employee is unable to attend to his duties due to sioknoss or injury, the days worked M o r e and after such absence shall not be conaidered consecutive.

Sick leave benefits do not apply when cm employee raceivea payments under the Long Term Disability Plan.

The Employer shall pay its share of the premium cost of bendita as long as the employee qualifies for long term diaability payments.

Where an employee is absent by reason of an injury or an industrial disease for which a claim is made under the Workds Compenaation Act, his weakly rate of prry shall continue to be paid for a period not e x d i n g thirty (30) regularly scheduled work@ days.

If an award is not made, any payments made under the foregoing provision in excess of that to which he is entitled under sick leave shall be an amount owing by the employee to the Employer.

20.01

20.02

When an employee terminates his employment with the Corporation, there shall be paid to him, or in the event of his death, to his bendciary, an amount . computed on the basis of 20.02, 20.03 and 20.04 hereunder, based upon his replar rate of pay at the date of termination.

Fifty prcrocnt (50%) of the value of any attendance d i u remaining from those accumulated while in the employment of the Government of Ontario and subsequently trandmed to the Corporation. Immediately after the close of each

- 24 -

calendar year, the Employer shall advise each employee of the number of sue, credits remaining.

20.03 severance Pay

An employse who has o o m p f d a minimum five (5) years of continuous service (as defined in Article 9.01) and who casea to be an employee for any reason other than dismissal for cause or abandonment of a position is entitled to severance pay on the following scalu:

a) 45 week of salrvy for each year of mice fiom October 1, 1965 to December 31,1969;

b) 1 week salary for each year of sewice from January 1, 1970 to data of tannination;

c) Computation of severance pay for partid yeam will be on a monthly basis (15 or more dayr shall be deemed one (1) month).

An employee is not entitled to wurancu p~y wha on luave of absence without pay or when rucuiving long term dilrrbility beadits.

20.04 The total amount paid to an employee in respect of rasp era nos pay shall not exceed six (6) ,months' salary. An employee may raceive only one (1) termination paymunt for a given period of service. Notwithatanding the foregoing, emplayem enthled to outatanding OMAF d t a rrhrll be paid out an additional tannination payment baaed upon thou, credit^.

21.01 The Emplayer rataim thu right to dter the h o w of work U may bu nwmary. Howcrws, in the eme of Haad and Labomtory e m p b y ~ the Employer shall endeavour to provide fiw (5) worlcing days a h w e nosioe of nny churge in an employdr normal shift. Should auch notice not be providud, the smplayee dwII be paid time and one-N€ (1%) for the first ei&t (8) horn worked on the b 8 d shie however, no premium rlull be paid where the change of &&le is caused by events beyond the Employur's control.

21.02

The.nocmal hours of work for employsscl in the admini-ve and laboratory positions am seven and onaquart8r (7%) horn per day, thirty-rix and one

- 25 -

quarter (36%) hours per week. Employees required to work beyond the normal work day shall be considered on overtime status. At the discretion of the Employee, an employee shall be eligible for:

a) b) c)

overtime pay at 1% times normal rate, or; time off at the rate of 1% times overtime worked. an employee who elects to accrue and bank time off shall be entitled to take such time off on his request. Where such time off cannot be granted, the Employer shall pay the employee for his banked time owing within one (1) pay period of the denied request.

21.03 mer Service R w e V

A) i) Full-time Customer Service Representatives (other than those grandfathered as set out below on a 37.5 or 40 hour per week basis), will be guaranteed a minimum of 34 hours pay per week.

ii) The calculation of hours of work for & Customer Service Representatives shall be as follow:

a) 24 Hours T N

.., -- 6.5 horn shall be recorded urd SMl be deemed to include all duties related to the completion of the official 24 hour tea except as provided for in Article 21.03 (A) (U) d). It is also understood the above 6.5 hours includes a newwry travel time.

b) Test (Qfficial and Un-

4.0 hours shall be recorded and ahall be deemed to include all duties related to the completion of the offioial AP and 3.75 horn shdl be recorded and hall be deemed to include all duties related to the completion of the unofficial AP test. Except as provided for in Artioto 21.03 (A) (ii) d), it is dm understood the 4.0 horn or 3.75 hours, 1w appropriate, include

neceswy travel time.

1 hour shall be recorded and shall be deemed to include all duties related to the completion of the Owner Sampler test, excq)t as provided for in Article 21.03 (A) (ii) d). It is also understood the above 1 hour includes naoeMsary travel time.

d) In addition to (a), (b) and (c) above, when a Customer ssrvice Repremntative is required to drive additional kilometres while pdorming tatting dutiei, they will receive credited hours baaed on the following formula

6 week (# w-s x 8 0- - credited hra 70 kilomsterrr per hour

B) Where a herd billed for additional horn for the provision of any core senice, the applicable hours wilt be cradited'to the ssnpIoyae accordingly.

C) The time involved in doming other auigned duties ahall be craditad to the Customer Service Representative concerned on the basis of time -Y llp85Lt.

D) Cwtomer Senice Repreaantativea (other thrrr thore &tandfathersd at 37.5 and 40 how per week) required to work more than 204 hours over three (3) pcly periods, ie. 6 wmka, ahdl rewive -@-time pay for each such hour worked up to and including the 225th hour.

E) Customer Serviw Repreaentdvea (other than thow gmn&kthefad on a 40 hour work week) requid to work mom thtn 225 horn over three pay periods ie. 6 a ahall be cowidwed on overtime for all such how worked.

F) At the m e t i o n of the Employer, overtime for Cutomer Service drdl be compenmted at either 1% time the regular rate

of pq, or 134 horn offwith pay for each overtime hour workd. Should time offnot be provided at I mutually agreed time within 30 days of the end of the 6 weak period, or scheduied at some other time mutually agreed between the Empbyer and the employee, then overtime pay ahaU be provided.

(3) Cuatomer Sewice Repremnt8tiveo currently guanntacrd 37.5 horn p~ry per week on a jpndfhthd buir dull oontinue to receive such

27 -

H)

M)

N)

guarantee. Where such Customer Service Representatives are required to work more than 225 hours over three (3) pay periods ie. 6 weeks, they shall receive overtime pay or time off on the basis set out above.

Customer Service Representatives cumntly guaranteed 40 hours pay per week on a grandfathered basis shall continue to receive such guarantee. Where such Customer Service Represen*ves are required to work more than 240 hours over three (3) pay periods, ie. 6 weeks, they shall receive overtime pay or time off on the basis set out above.

If during the 6 week reporting period the Customer Service Representative has reason to expect that his work plan will result in hour6 worked in that period in excess of his nonnal hours, ie. 204,225 or 240

appropriate, he shall' immediately, but no later than the end of the fourth week in the six week period, advise his District Manager.

Upon such notification, the District Manager shall either authorize the work plan or reduce the Customer Service Representative's mignment ao as to ensure that it remains within the nonnrl orrignment.

At the request of the emp1oyee and with the conaent of his D i h c t Manager, a Customer Service Repreaentatiw may work up to one (1) additional test day per weelc. At the Customer Survi- Representutive'a option, he shall receive time off in lieu, or pay, at his regular hourly rate and no other provisions of 21.03 ahall apply.

When a Customer Service Repremntative texnporuily works in a circuit which is not his regulsr circuit, and which is d c i e n t l y dirtMt &om his headquarters that he is authorized to stay overnight in that circuit, the employee shall receiw credit for the actual travel time and the rcturl time required for the completion of the assignment.

'men a Customer Service Representatiw temporarily works in a circuit which is not his regular circuit and the C W m w SenricS Rapreaentative is required to travel more than one-half hour one way to the temporary &went, and (It) above does not apply, then the Curtomer Service Reprosontative will receive credit for the actual travel time in exwu of one hour and the actual time required for the completion of the assignment.

There shall be no change in the headquirtem of a .circuit for an incumbent Customer Senrice Representative of record without hi8 written

- 28 - corisent. Where the headquarters is the employee's home, the employ, shall not relocate in excess of five (5) kilometers without the written consent of the District Manager.

2 I .04

Employees working more than ten (10) con~dcutive houm in any shiA shall be provided with a mod allowance to a maximum of ei&t dollars ($8.00).

21.05

All employees who are called back for an emer~ency outside their regular hours shall receive overtime rates and shall be guaranteed a minimum of three (3) how at time and one-half (1 %) their basic hourly rate.

21.06

When a Head a c e or Laboratory employee reporta for work and there is no work available, and the Employer has not made a reaaonable dort to contwst the employee to i n d i m that work will not be wailable, the employee dmll ba paid a minimum of four (4) hours' psy at hor e a r rate. If r e q u a d by the

'

Employor, the employee ahall perform such dutim at her work place for such period that are reasonably within her ability.

21.07

When a Curtoma Service Repre8entative rrrriVerr at a fmn on time for a tat after making propef armgmenb with the h e m for his vi&, and due to cirwmstanm beyond the employee8 control, the twt cannot be completed, he shall wmplota hir dutiea to the extant required, if any, and provided he oontaots his Distriat Manager urd no other work is made wailable, he ahall receive credit for payroll purpoms as if a Ml test had bmn oompleted.

21.08 W W

When Field Std€ submit fed, soil or water rrunplm for analyrir they will be credited with an amount equal to $1.00 for each rrnaple submitted. It is understood that them moniw will be accumulated and paid on the lut pay period follovrring the six (6) week pay cycle in which the Corpodon haa & v d confirmation that the test har, been done by the t d n g bility.

- 29 -

21.09 nal S e m w

?

Optional services incentives will be as per the+sampIe schedule four (4) attached hereto, The schedule shall include incentives for meter sales and repairs,

The incentives shall be paid out semi-annually and the Employer will provide revenue and incentive figures to the union on a semi-annual basis.

HARP incentives shall be paid out every six (6) weeks.

When a new optional amice is to be introdued, the Employer will give the union 30 days notice prior to the service's implementation. The Employer will categorize the service and set the incentive and payment schedule.

The union and the Employer will discuss the incentive no later than the ERC meeting following the implementation of the aervice.

If the union and the Employer we unable to a#ree on the incentive rate, it will be subject to negotiation at the next round of bar@ning.

Incentive for optional aentices will apply to permanent full time and part time customer aewioa reprawntativa.

RY ASSI-

22.01

22.02

22.03

Where an employee is temporarily aaai@ned by the Employer to pdorm the duties of 8 position in a clusifidon with a higher salay maximum for a period in excess of five (5) conmutive working day4 he shall be paid adng pay &om the day he commenced to worm the duties of the higher classification in aooordcuroe with the next hiamt rate m the higher clusification.

When an employee is temporarily assigned to the dutiea and responsibilities in a classification with a lower salary maximum for him in the position &om which he wm dgnad, he shall be paid at the ciawifhation rate horn which he was assimed.

Where an employee is temporarily assigned for a period of up to six (6) months to pdonn the duties and responsibilitier of a pohtion not covomd by the collective weement, he shall retain his ri@hta and obliggtions under the collective agraement.

- 30 -

23.01 The Employer agrees to pay 100% of the premiums payable for the followhg benefits:

OHIP moup Life Supplementmy Health and Hospital Inaurance Dental Care b8urancs (with ben& paymFt8 b a d on the current O.D.A. Fee Schudule) Lon6 Term Disability Insurance Workds Compensation Travel Accident Life Insurmce Vision Care

23.02 The Employer shall malts available to J1 empioyees on a voluntrry bask, subject to eligibility requirement, if any, the following optional bendb.

atoup Life I n m c e - subject to insurabiiity.

(1) 100% of annual dary (2) 200% ofannd salary (3) 300% of annual salary

Dependat Life Innucuroe

either - (1) Spur0 Sl,OOO, each child SSOO.00 or - (2) S~OUW S2,000, d Child S1,OOO.

The premium o f h above &ail be 100% paid by the empiayee.

23.03 The Employer agram to provide ea& employee with a d d p t i o n information P.okrg0 dving dclbilr of bendta provided, eligibility requirements and c l a p d W 0 8 .

23.04 The Employer &dl provide a @on plm to employem who h a completed one (1) year or m m of servicu and normally work tweatylfow (24) horn or more per wade. The employee's contribution to the Corporcrtion'r P d o n Plan will b8 88 followa:

(a) 4.2% of earnings up to the Year'r Maximum Pamionable Earnings under the C d Pension Plan.

- 31 -

(b) 6% of earnings beyond the Year's Maximum Pensionable Earnings under the Canada Pension Plan.

The Pension will be based on the average of the best five (5) consecutive years' earnings before retirement and 1.4% of these earnings to the final three (3) year average Year's Maximum Pensionable Earnings under the Canada Pension Plan and 2.0% of these earnings in excess of the CPP level for each year in which the member makes contributions to the plan, with early retirement and delayed retirement options.

23.05 The employer agrees to provide a seat on the Pension Committee for a bargaining unit employee selected by the Union. The representative will be allowed leave without loss of pay to attend the meetingr of the Committee. The Employer will pay expenses according to the Corporation's policy.

ARTICLE 24 P%pT "E

24.01 The only terms of this Agreement that apply to employees who normally work less than twenty-fow (24) hours per week are those that are set out in this article.

24.02 The following articles of,this Ageement apply to part-time employees:

Articles, 1, 2, 3,4, 5, 6, 7, 8, 9, IO, 11, 12, 13, 14, 15, 16, 20, 21.03 (A) ii a, b, c, & d, 21.03 (C), 21.04, 21.06, 21.07, 21.08, 21.09, 23.05, 24, 26, 27, 28, 29 and 30.

24.03 The rater of pay (including retroactive salary revisions) for the quivalent full- time position shall apply. If there is no equivalmt clauification, the rate shall be set by the Employer and the Union shall have the right to negotiate the rate during she appropriate salary negotiations.

24.04 V A C A T I O W A Y S AND BENEFIT PAX

Fowt4sn percent (14%) of @om Pay shall be added to the employee's pay to compensate for vaoation pay, holirlay pay and in lieu of bendit8 coverage.

In the event that a part time employee joins the pension plan, the amount of fourteen percent (14%) as stated in Article 24.04 will ba adjusted to ten percent (lV?'). This article does not apply to part time employees in the pension plan prior to ratification of this rsttlcment.

1

24.05

- 32 - A-= 2s - RATES OF PAY

25.01 The Employer shall pay wages in accordance with Schedule 1, 2, 3, and Schedule 4 (Optional Services) attached hereto, and which forms a part of this agreement.

Except as provided in Article 9.06 and a Latter of Understanding - Re: Cummer Sonrice Ropromntative, a fill-time employee shall progress to the next increment on the salary scale for his classification on his annivera8ry dab unlw his podonnance is demomtmbly below a ratirfrotory level, and his performance dsficiency has been brought to the omployda attention in writing at the time the ddioioncy becomes apparent. If the perfommce defmieney is brought to the cmployeo's attention less than two (2) month8 bsfon, his mnivem8ry date, it shall not be relied on to justify withholdin8 hir incrcaae until his ann~vemacy following.

The withholding of a salary increment pmumt to tho above autl be fbt a maximum period of six (6) month. If at that timo the mnployds podonnmm is still unsatidmry, he hall bo subject to &mination. However, this dull not diminish the employee's right to grieve dimissal provided he has completed his probationary period.

25.03 Patt-time employees will be treated in accordance with the m e principlcs set out in Article 25.02 after the equivalent of one (1) year of hrll-time d u e , that is:

- for ofjlice and lab employses - 1700 horn - for Customer Service Representatiw - 1600 hours

whan 8 new bargaining unit claUifidon ir to be & or an eXidng cladbt i ion ir to be substantially changed, the CorpWon shall notie the Union, md the patie8 shall meet within thirty (30) day8 to negotiate the Satay ranges fbr tho new or revid clauificrtion. If the @ea fril to reach apeanent on the dary range, the Employer 8h8U C#crblidr the range subject to the right of the Union to have the r a n p rc#olved arbitration.

25.05 a) Promotion occurs when the incumbent of a position is permanently assigned to another position with a higher maximum salary than that of his former position,

b) An employee who is promoted shall receive that rate of pay in the salary range of his new position which provides for a salary increase of at least three percent (3%) over his former salary rate.

26.01 At the bqinning of aaaignment to a video display terminal and annually thereafter, any employee who is regdarly required to operate a video display terminal for two (2) hours or mora per day shall be required to undergo an eye examination by an optometrist selected by the Employer, who is qualified to conduot the following tests:

(a) Unaided visual acuity (Letter chart test); (b) reftacthe findings; (c) corrected visual acuity; (d) amplitude accommodation (e) suppression; ( f ) muscle balance (near, 1 m e , distance) (g) slit lamp biomicrosoopy

The cost of the eye examination shall be borne by the Employer, and the employee shall authorize r e l m of a copy of the examination report providing d l details of the m l t s of any tests conducted to the Employer. Where practicable, such exanination will be conducted during normal working hours at 8 time agmable to the EmploySr.

27.01 An employee shall give a minimum of two (2) weelea' notice of resignation. Falling suo& two (2) week notice, any outstanding vacation payment will be calculated on the minimum entitlement undar the Employment Standards Act.

- 34 - ARTICLE 28 - " I R A R Y E W L O YEES

'28.01 (a) Temporary employees shall be hired for a maximum period of six (6) months, unless otherwise agreed by the parties to this collective agreement.

(b) With the exception of Customer Service Representatives, temporary employees shall receive the minimum salary rate of the position to which they are assigned. Customer Service Representatives who have worked for the Corporation in that capacity previously, shall start at level 3 of the salary range provided they were at or above that level at the time of separation.

(c) Except as otherwise provided herein, temporary employees shall be covered by all of the applicable,tenns of this collective agreement.

(d) In lieu of holidays, vacations and benefits, a temporary employee's regular rate of pay shall be increased by fourteen percent (14%).

(e) The release of a temporary employee shall not be subject to the grievance and arbitration procedure.

( f ) In the event that a temporary employw acquires regular employment with the corporation, and provided there has not been a break in service in excess of two (2) weeks, this or her period of temporary employment shdl be recognized in computing seniority for purposes of Articles 9,lO and 1 1 and service for purposes of Articles 18 and 25.

29.01 Infonq&ion to Un' ion

A) The Employer will provide the Union with the addresses of all persons in the bargahing unit as part of the monthly dues deduction.

The Employer shall provide a bulletin board in Head Office and in. each Laboratory which may be used by the Union. No material shall be posted on the bulletin boards without the prior approval of the General Manager or his designate(s). Such approval shall not be unreasonably denied.

29.02 H m & The Employer shall continue to make reasonable provisions for the safety and health of it employees during the hours of their emptoyment. It is agrced that both the Employer and the Union shall co-operats to the fullest extent possible in the prevention of accidents and in the reasonable promotion of safety and h d t h of all employcos.

The Employer shall provide sa€kty equipment and protective clothing where it requires that such shall be worn by its employce~.

The purchase of d b t y shoes or boots and other job related clothing apparel for on-the-job protection of the purchaser shall bo subsidized as per the current practice.

The current practices relating to the supply and maintenance of apparel for employas shall continue during the term of this Agrssment, subject to any chanBes which may be entered into between the parties through the Employee Relations Committee.

30.01

30.02

The Agreement covers the period fiom -on by the December3 1 The Agreement shall continue automatically thereafter for annual pc#iods of one (1) year each u n h s either party notifies the other in Writing Within ninety (90) days of the expiry date of the Agreement of its intent to terminate the Agreement, or renew the Agrement with modifications.

Negotiation8 shall commence within f i h n (15) days of Mid notice. In the event such notice is Bewed, this Agreement and all its terms will continue to force until a new Agreement is executed, or the right to strike or lockout occurs, whichever oocun first.

- 36 -

IN WITNESS WHEREOF the parties hereto have executed this Collective Agreement in Guelph, this 10 day of March 1994. .

FOR: ONTARIO DAIRY HERD FOR: ONTARIO PUBLIC IMPROVEMENT CORPORATION SERVICE EMPLOYEES UNION

Latry Ouimet

Ross Parker

I, ~

fl ColimBenson

- c:. .

8 Fred Upshaw

- 37 -

ACHEDULE : 1 ARTICLE 25 : RATES OF PAY (EFFECTIVE JANUARY 01, 1994 TO DECEMBER 31, 1994)

'

CLERK 4 PAYROLL CLERK 550.75 564.92 580.28 594.45 612.15 SR. SPECIALISED EDIT CLERK, CUSTOMER RELATIONS REP.. ACCOUNTS PAYABLE/

TECHNICAL COMPUTER OPERATOR 28639 29375 30174 30910 31831 GROUP

INTERMEDIATE COMPUTER 31034 .31910 32815 33552 34472 OPERATOR

* 38 -

A!HEDULE : 2 ARTICLE 25 : RATES OF PAY (EFFECTIVE JANUARY 01, 1995 TO JUNE 30, 1995)

TECHNICAL COMPUTER OPBRATOR 28782 29522 30325 31065 31990 GROUP

INTERMEDIATE COMPUTER 31189 32070 32979 33720 34644 OPERATOR

CUSTOMER SERVICE REPRESENTATIVE 15.02 15.44 11.79 12.28 13.90 14.27 14.64

- 39 -

eCHEDuLE : 3 ARTICLE 25 : RATES OF PAY (EFFECTIVE JULY 01, 1995 TO DECEMBER 311 1995)

W I B o T E C H o 1 LAB.TECH.1 463.24 484.71 504.99 528.04 552.70

TECHNICAL COMPUTER OPERATOR 28926 29670 30477 31220 32150 GROUP

Ea k---

- 41 -

LETTER OF UNDERSTANDING

Bstween:

Ontario Dairy Herd lmprovement Corporation

and

Ontatio Public Service Employear Union

Customer Scwke RspnremtnUve

The Union and the Corporation agree to the introduction of a single classification, Customer Service Representative, to replace the prwious Fieid Miow and Senrice Technician classifications.

It is understood that all existing Service Technicians will be tranatbncd into the Field Ofher clacrsification upon ratification of this settlement. Incorporation into the existing Field Officer w a e grid will be based on cunent I q t h of service with the Corporation. Each individual will then be incorporated into the new Curtomer Service Represent.atke classification on tho q e basis as the existing Field Officers. There will be no change in their anniversary dates.

It is understood that all d b n g Pied O f l k a will be tmd"ed directly into tho Customer S&& R q m m h t ~ 've olaaaifidon at their equivalent wage grid level (i.e. F.O. level 1 ta C.S.R. level 3, ab). There will be no change in their anniversary dates.

The new Cuatomw Sewice Representative cldfication shall be comprkd of 7 salary progression levels. Levels 3 throu6 7 shall cormpond to the existing 1 through 5 levels of the Field Of€kr. The structure is as follows:

- 42 -

2

3

Letter of Understanding - Re: Customer Service Representative

up to 6 Months Service Tech. 5

12 Months Field Ofticer 1 I

Classification Level I Duration I Old Classification

1 I up to 6 Months I Sewice Tech. 3

I 4 I 12 Months Field Oflicer 2

I 5 I 12 Months I Field offiosr 3 I I 6 I 12 Months I Field OtlLiCsr 4 I 1 7 I 12 Months I Field Officer 3 I

~~

I 4

All existing employees sM1 be provided with training material to mist them in areu needed to ensure a high lave1 of customer service and satidaction.

All new employees shall complete a Itn0wled8e profile prior to employment to assist in the identification of arcwr that need to be addressed to ensure a high lewl of customer service and Sasiidon. The dary grid will apply U follows;

A. A new employee who demonstratem siioient knowledse in dl necesmcy areas shall enter the clswification at level three of the salary @d.

B. A new employee who demonatrates d c i a n t Imowludge in a mqjority of the required m a a rhrll eater the cllrsrification at the m n d lgvsl.

C. A new employee who demonstrates sufficient howl- in l ea than a majority of the required mu llhrll enter the clmifimtion at ths fint level.

Upon rasifcation of the mttlement, the Production Advisor shrrll no longca form part of the bargaining unit. It is u n d d that the Production Adviwn are oxcldad on the basis of providing afhtive mommendations on job performance appraisal and ~d progression of bargaining unit employees.

Y

- 43 - Letter of Understanding - Re: Customer Service Representative

Dated at Guslph,'this 10 day of March 1994.

FOR: ONTARIO DAIRY HERD _ _

IMPROVEMENT CORPORATION n

FOR: ONTARlO PUBLIC SERVICE EMPLOYEES UNION

- 44 -

Between: Ontario Dairy Herd Improvement Corporation

and Ontario Public Service Employees Union

eo-

It is the intent of both parties to this agreement that a Car Allowance Committee will be established consisting of two (2) barpining unit m e m h who drive personal vehioles for Corporation business and two (2) employer desijpatw.

This Committee will establih a cat. allowance formula and routinely monitor the costs of operating persod vehiclea on Corporation bu~ness and recommend adjustments in car allowance rates to the oensral Manqer of the Corporation.

The car allowance rata, upon ratification of this collective agreement, sM1 be no 1- than twentydx (26) cents per kilometre. It is understood that when a corporate vehicle is desiwated to an employee, they will h m the option to main the we of the parsod vehicle. It is further udmtood that if the employee rafirrar the corporation vehiole that they will receive no lw than twenty-two (22) mta per kilomatre for dl kilometma over 2285 kilometres in a six week p v period.

The Employer will pay the salay and trawl costa of the Car Allowance Committee members.

Dated at Guelph, this 10 day of March 1994.

FOR: ONTARBDAIRYHERD FOR ONTARIOPUBLIC ... IMPROV&

:..

>,.,,/*. /

SERVICE OYEES UNION

BILL 1990

HER W m , by and w i t h tho advico and eonsot of the Legislative A88ubly Of tho PrOVfnCO Of O ! k U i O , a c t 8 88 fO1lOWUt

2. seetion 35, 36, 37 and 38 of tho A C ~ aro raporlod ami tho following ruktitutadr

35. In this Part,

nparentw ino1ud.m a pumon w i t h whom a child i s p l a e d for adoption and a porron who is in a rolatioruhip of 801. p.rmanonc8 w i t h a parant of a chi ld and who intants to t roa t tho child as hi8 ox h u own;

"parmtal laavcll" moans a 1.8- of akonam undu rub..c+ion 38a(l) ;

Pr.gnancy kav. 36. - (1) A prognamt eaployoe who 8tart.d a p l o p n t w i t h hor omployor at 1-t -moon w..k. kforo tha o%poct.d bi- data is entitlod to a luva of abmonco without pay.

(2) An .rrployeo may bogin pr.gnancy Larva no oarlior than 8rwmk.rr ub.k. &fora the exp.ut.4 birth &to.

Notico

(3) Th. oatployao mwt give tho ugloyu,

(a) a t l a a t two woak. wkitton notice of the date tho laavo is

(b) a certificate from a logally qualified m e d i c a l

to bogin; and,

graetitionor stating tha axpectod birth date.

- 3 -

38a.-(1) An mployeo who ha8 bean .aaployrCt by hi8 or har employer for a t laart thirtaen wa&a and who is the paront of a child is ontitlad t o 8 lmve of abrrncr without pay following,

(a) tho birth of tho child; or, 3 .

(b) tho corring of the ohild into a t o d y , o u o and the control o f a parant for the Firat tiam. 1

1

Rm8triotion on whan 1.a- my begin

( 0 ) Parontal l a a ~ ~ m a y bagin no sogo than thirty-five waaks after conttof. o f a parant for tho first th . -8 d8y a8 Child i8 born Or COW8 into th. atOdu, CU. M d .

man mothar's parantal loatn MY bagin

(3) The parental loam of an uployam who talea a pragnan have swt bogin whrrr tha pr.grrmey larva andm unloar the ch Y ld ha8 not yat comm into tha ou8tody, 0.r. uld control of a parent for tho f k 8 t th0.

Notic.

Spacial drouutuaeu

Whm laava in rpoeial uiz~u~ahnear, kgim (2) The pant81 1-w of 8n aploy8a da.crikb in suboaction (1) bag- on th. day tho omploy.. stops vorking.

Notic.

(3) &h ~ l o y c # br.Crrikb 8 U b o e i O n (1) W.t givV tha ~ l o y ~ written notiam that the ..ploy.. wi.h.. t o taka l a v a wi th in two w e a h aftar +he ewployaa stop. working.

End o f p a r a t a l loava 38c. P8r8ntal l a v e a d 8 eight- waeb after it bagan or on an o a r l i u day if tho .yployaa gfvas tha uployer a t l m a t four weokr writtan notice of that day.

38f .-( 1) Th. omployar of an uupl~yer whd ha8 trkmn pregnancy leave or parental leava shall rainstata tha unployoe when the leave and. to the position the uaployee moat recently held with tha,omployer, if it atill . r r iak , or to a comparable position, if it do08 not.

38h.-(1) Thin 8.crtion.applios to a puaon who 8topp.d work on or aftor thm 18th day of NOV-, 1990 but bafora tho day this roetion c a v r into forw and who would bva antitlad to prognanoy luva i f m i o n t of tho

Idom

(2) A person t o whom this sootion applies sh8ll bo doamad t o have taken a pr.gnancy leave baginning whon tho porson 8topp.d work

(a) tho stopping o f w o r k was relatod t o the porson'8 P-m~w: and,

if 8

- 7 -

S. This at comas into forca on tho day it rocoivos Royal ~ s s o n t .

U . Short t i t l o

6, Tb. 8hort tit18 of thi8 A c t i8 tho S-da b G U Z K P a r c m t a l . - 199Q*

Employment a% c t T p C I 2! +I . Jmmcgratm Caqada Immigration Lanaaa ..’“. . .I .:”.‘ ” .” ?...a

140 Promenade du Portage Ottawa# KlAU9 Facsimile (819) 953-9381 September 9,1992

Mr. Lany 0. Ouimet ’

Director, Human Resources ONTARfO DAIRY HERD

1MPRQMZMENT CORE 15ReSdarchLane suite 200 Ouelph, Ontario N10 4T2

Thanlt you for your letter of July 6,1995 COW- the Supplemental Unemployment Benefit (SUB) plan for p r e ~ and care of cbildran cowring O.P.S.E.U.. The Comxnission bas dedded tbat the plan moas dl of the andidom of nrkscdon 57(l3) of the Unemplqment Inrunncs Regulrrtiops effective on 3uly 5,1991 until April 1,1996,

In accordaua with parrrgnph 57(3)(d) of the Rqplrdonr, p8yments received under articles 14.06 and 14:W of tbe 0.PS.E.U. agreement will not be comked earnhp for purposes of deternrirJmg entitlemat to unemplayment iarunncS p r w or care of children benefits.

Yours sincerely, .. .. - 1

n

Georges M. Godet Chief, Coverage and Premium Poliq Division

.

( 8 ) Plan $8 t o rupplanuht unemploynrant cawod by:

pregnancy; care of a chi ld or children. This includor 8doption,

or m y combination of the above. p8rent8l l O 8 V O :

I

NOTE :

1. Employees will only be eligible if eligible for maternity leave which i s 13 weeks o f employment.

2.. Tho omployor's Revenua C8nrdr Taxation Number 18 VPC 249891.

3 . Th8 number of employees covered under the SUB plan is 350.

DATED: May 3 0 , 1991

Larry Ouimdt. Director, Ontario D8ary 8ord Improvemoat Corporation

.