University Health Network - Ontario · University Health Network PRINCESS MARGARET HOSPITAL (hereinafter referred to as the “Hospital”) And ... Margaret Hospital in the Municipality

COLLECTIVE AGREEMENT

Between

University Health Network PRINCESS MARGARET HOSPITAL

(hereinafter referred to as the “Hospital”)

And

SEIU LOCAL 2. on/BREWERY, GENERAL & PROFESSIONAL

WORKERS UNION

(hereinafter referred to as the “Union”)

EFFECTIVE DATE: APRIL 1, 2006

EXPIRY DATE: MARCH 31, 2009

Brewery, General and Professional Workers Union - Princess Margaret Hospital

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TABLE OF CONTENTS

DESCRIPTION PAGE

ARTICLE 1

PURPOSE …………….……………………………………………………..

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ARTICLE 2 RECOGNITION ………………………………………………………….… 3

ARTICLE 3 MANAGEMENT RIGHTS ………………………………………….……... 3

ARTICLE 4 NO STRIKES OR LOCKOUTS …………………………………………… 4

ARTICLE 5 UNION SECURITY AND CHECK-OFF OF UNION DUES ……….…….. 4

ARTICLE 6 UNION REPRESENTATION ……………………………………………… 4

ARTICLE 7 GRIEVANCE PROCEDURE ………………………………………………. 5

ARTICLE 8 PROBATIONARY PERIOD ……………………………………………….. 8

ARTICLE 9 SENIORITY ………………………………………………………………... 8

ARTICLE 10 HOURS OF WORK ………………………………………………………... 10

ARTICLE 11 OVERTIME ………………………………………………………………… 12

ARTICLE 12 PAID HOLIDAYS ………….…………………………………………….… 12

ARTICLE 13 VACATIONS ………………………………………………………………. 13

ARTICLE 14 HEALTH AND INSURED BENEFITS ….………………………………… 15

ARTICLE 15 SICK LEAVE ………………………………………………………………. 16

ARTICLE 16 LEAVE OF ABSENCE …………………………………………………….. 18

ARTICLE 17 JOB POSTING ……………………………………………………………... 19

ARTICLE 18 COMPENSATION ……………………………………………………….… 20

ARTICLE 19 SUBCONTRACTING ……………………………………………………… 21

ARTICLE 20 BULLETIN BOARD ……………………………………………………….. 21

ARTICLE 21 CORRESPONDENCE ……………………………………………………... 21

ARTICLE 22 DURATION ………………………………………………………………... 22

ARTICLE 23 APPENDIX - TERMS AND CONDITIONS ………………………….…... 22

APPENDIX "A" ………………………………………………………………………………... 23

LETTER OF UNDERSTANDING ………………………………………………………….…. 24


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ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to establish an orderly collective agreement relationship

between the Hospital and the employees represented by the Union, which will not

interfere with the successful operation of the Hospital as a public service institution

intended to provide the finest hospital and clinical services to patients with cancer.

ARTICLE 2 - RECOGNITION

2.01 The Hospital recognizes the Brewery, General & Professional Workers Union

(BG&PWU), as the bargaining agent of all security guards employed by Princess

Margaret Hospital in the Municipality of Metropolitan Toronto, save and except

supervisors, persons above the rank of supervisor, persons regularly employed for not

more than twenty-four (24) hours per week and students employed during the school

vacation period.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union acknowledges that the management of the Hospital and the direction of the

working force are fixed exclusively in the Hospital and shall remain solely with the

Hospital except as specifically limited by an express provision in this Agreement.

Without restricting the generality of the foregoing, the Union acknowledges that it is the

exclusive function of the Hospital to:

a) maintain order, discipline and efficiency;

b) hire, retire, assign, direct, classify, discharge, suspend or otherwise discipline

employees, schedule, transfer, promote, demote, lay-off and recall employees,

provided that a claim by an employee who has completed his probationary period

that he has been discharged or disciplined without just cause may become the

subject of a grievance and may be dealt with in accordance with the grievance

procedure;

c) establish and enforce rules and regulations to be observed by employees provided

that they are not inconsistent with the provisions of this Agreement;

d) determine the number of personnel required, the skill, ability, experience and

qualifications of employees to perform any particular job, the assignment of

working hours, the services to be performed and the methods, procedures,

facilities and equipment to be used in connection therewith;

e) generally to manage and operate the Hospital in all respects in accordance with its

obligations and without restricting the generality of the foregoing, to determine

the kinds and locations of machines, equipment to be used, the allocation and

number of employees required from time to time, the standards of performance for

all employees and all other matters concerning the Hospital's operations, not

otherwise specifically dealt with elsewhere in this Agreement;


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f) successfully operate the Hospital as a public institution intended to provide the

finest hospital and clinical services to patients with cancer, which will not be

interfered with by this Agreement.

ARITCLE 4 - NO STRIKES OR LOCKOUTS

4.01 The Union agrees that there will be no strike, sit-down, slow-down, picketing or other

interference which will stop, curtail or interfere with work, and in the event of any such

action taking place, it will instruct the employees involved to return to work and perform

their usual duties. The Hospital agrees that there will be no lockout of the employees

during the term of the Agreement.

ARTICLE 5 - UNION SECURITY AND CHECK-OFF

5.01 As a condition of continued employment, the employee will authorize the Hospital to

deduct a sum equivalent to the monthly dues and assessments from the first pay due such

employee in each calendar month, during the term of this Agreement, such monthly dues

and assessments as are uniformly levied upon all members of the Union in accordance

with its constitution and by-laws. The President of the Union shall certify the amount of

such dues to the Hospital.

5.02 The amounts deducted in accordance with Article 5.01 are to be remitted by cheque to the

Union prior to the end of the month in which the deductions are made. The Hospital will,

at the time of making such remittance hereunder to the Union, furnish it with a statement

showing the names of those employees from whose pay such deduction has been made.

5.03 The Union agrees to indemnify and save harmless the Hospital against any claims or

liabilities arising or resulting from deductions made pursuant to this Article.

5.04 Articles 5.01, 5.02 and 5.03 do not apply to summer or co-op students.

ARTICLE 6 - UNION REPRESENTATION

6.01 The Hospital agrees to recognize two (2) Union Stewards to be elected or appointed from

amongst employees in the bargaining unit and who have completed their probationary

period for the purpose of dealing with Union business as provided under this Collective

Agreement. One (1) of the two (2) Stewards will be the Chief Steward and he will also

be Chairman of the Union's Grievance Committee.

6.02 The Union shall keep the Hospital notified in writing of the names of the Union Stewards

(including the Chief Steward) appointed or selected under this Article as well as the

effective date of their respective appointments.


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6.03 It is agreed that Union Stewards have their regular duties and responsibilities to perform

for the Hospital and they shall not leave their regular duties without first obtaining

permission from their immediate supervisor. If, in the performance of his duties, a Union

Steward is required to enter an area within the Hospital in which he is not originally

employed, he shall report his presence to the supervisor in the area immediately upon

entering it. When resuming his regular duties and responsibilities, such Steward shall

again report to his immediate supervisor. A Union Steward shall suffer no loss of

earnings for time spent in performing the above duties during his regular scheduled

working hours.

6.04 There shall be a Union Management Committee comprised of the Chief Steward on

behalf of the Union and the Vice-President Human Resources of the Hospital or his

designate. The Committee shall meet quarterly at times mutually agreed upon. Either

party may write to the other requesting a meeting and setting out in the letter a written

agenda which must be provided at least three (3) days prior to the meeting day. The

function of the Committee shall be to discuss matters of mutual concern to the parties, but

it is understood and agreed that the Committee shall not discuss grievances or matters,

which should be properly brought before the Hospital's Health and Safety Committee.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference

arising either between a member of the bargaining unit and the Hospital or between the

parties hereto relating to the interpretation, application, administration or alleged

violation of the Agreement.

7.02 A grievance shall identify the nature of the grievance, the remedy sought and the specific

provisions of the Agreement, which are alleged to have been violated.

7.03 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as

possible and it is understood that an employee has no grievance until he has first given his

immediate supervisor the opportunity of adjusting his complaint. The grievor may have

the assistance of a Union Steward if he so desires.

Such complaint shall be discussed with his immediate supervisor within five (5) days

after the circumstances giving rise to it have occurred.

Failing settlement within the five (5) days, it shall then be taken up as a grievance within

five (5) days following his immediate supervisor's decision in the following manner and

sequence:

Step 1 � The employee shall submit the grievance, in writing, and signed by him, to his

immediate supervisor or manager. A Union Steward may accompany the

employee. The immediate supervisor or manager will deliver his decision in

writing within five (5) days following the day on which the written grievance

was presented to him. Failing settlement, then:


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Step 2 � Within five (5) days following the decision under Step No. 1, the grievance

shall be submitted in writing to the Vice-President, Human Resources or

his/her designate.

A meeting will then be held between the Vice-President, Human Resources or his

designate and the Chief Steward who may be accompanied by the President of the Union,

within five (5) days of the submission of the grievance at Step No. 2, unless extended by

mutual agreement of the parties.

The decision of the Hospital shall be delivered in writing within ten (10) days following

the date of such meeting.

7.04 Policy Grievance

A complaint or grievance arising directly between the Hospital and the Union concerning

the interpretation, application or alleged violation of this Agreement shall be originated at

Step No. 2 within ten (10) days following the circumstances giving rise to the grievance.

It is expressly understood, however, that the provisions of this Article may not be used

with respect to a grievance directly affecting an employee, which he could have instituted

himself and the regular grievance procedure shall not be thereby bypassed.

Where the grievance is a Hospital grievance, it shall be filed with one of the Stewards or

the President of the Union. Where the grievance is a Union grievance, it shall be filed

with the Vice-President, Human Resources or his delegate.

7.05 Group Grievance

Where a number of employees have identical grievances and each one would be entitled

to grieve separately, they may present a group grievance, in writing, signed by each

employee who is grieving to the department head, within ten (10) days after the

circumstances giving rise to the grievance have occurred. The grievance shall then be

treated as having been initiated at Step No. 2 and the applicable provisions of this Article

shall then apply with respect to the handling of such a grievance.

7.06 Discharge Grievance

A claim by an employee who has completed his probationary period that he has been

discharged without just cause, shall be treated as a grievance if a written statement of

such grievance is lodged by the employee with the Hospital at Step No. 2 of the grievance

procedure within five (5) days following the date the discharge is effected. Subject to

Article 7.07 below, such grievance may be settled under the grievance and arbitration

procedure by:

(a) confirming the Hospital's action in discharging the employee; or

(b) reinstating the employee with or without full compensation for the time lost; or


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(c) by any other arrangement which may be deemed just and equitable.

7.07 Failing settlement under the foregoing procedure of any grievance between the parties

arising from the interpretation, application, administration or alleged violation of this

Agreement, such grievance may be submitted to arbitration as hereinafter provided. If no

written request for arbitration is received within ten (10) days after the decision under

Step No. 2 is given, the grievance shall be deemed to have been abandoned.

7.08 All agreements reached under the grievance procedure between the representatives of the

Hospital and the representatives of the Union will be final and binding upon the Hospital,

the Union and the employees.

7.09 When either party requests that a matter be submitted to arbitration as provided in this

Article, it shall make such request in writing addressed to the other party to this

Agreement and at the same time appoint a Nominee. Within five (5) days thereafter, the

other party shall appoint its Nominee as herein required, the Minister of Labour for the

Province of Ontario shall have the power to make such appointment upon application

thereto by the party invoking the arbitration procedure. The two (2) Nominees shall

attempt to agree upon a Chairman of the Arbitration Board. If they are unsuccessful in

agreeing upon such of Chairperson within a period of ten (10) days of the appointment of

the second Nominee, they shall then request the Minister of Labour for the Province of

Ontario to appoint a Chairman.

7.10 No person may be appointed to the Arbitration Board who has been involved in an

attempt to negotiate or settle the grievance.

7.11 The Arbitration Board shall not be authorized to make any decision inconsistent with the

provisions of this Agreement, nor to alter, modify, add to or amend any part of this

Agreement.

7.12 No matter may be submitted to arbitration, which has not been properly carried through

all the requisite steps of the grievance procedure.

7.13 The parties will expedite the proceedings of the Arbitration Board hereto and the decision

of the majority and, where there is no majority the decision of the Chairman, will be final

and binding upon the parties hereto and the employee or employees concerned.

7.14 Each of the parties will bear the expense of the Nominee appointed by it and the parties

will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board.

7.15 Saturdays, Sundays and holidays are not to be counted in the time limits as set out in this

Article.

7.16 Wherever Arbitration Board is referred to in this Agreement, the parties hereto may

mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the

time of reference to arbitration and the other provisions referring to Arbitration Board

shall appropriately apply.


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7.17 The time limits set out in the grievance and arbitration procedure herein are mandatory

and failure to comply strictly with such time limits, except by the mutual agreement of the

parties, shall result in the grievance being deemed to have been abandoned subject only to

the provisions of Section of Section 45 (8.3) of the Labour Relations Act.

7.18 It is understood that the Hospital may bring forward at any meeting held with the Union

Committee any complaint with respect to the conduct of the Union, its officers or

Committee members, or members, and that if such complaint is not settled to the mutual

satisfaction of the conferring parting, it may be treated as a grievance and referred directly

to arbitration in the same way as the grievance of an employee.

ARTICLE 8 - PROBATIONARY EMPLOYEES

8.01 A new employee will be considered on probation until he/she has completed one hundred

and sixty (160) days of work from the date of his/her last hire in the bargaining unit (1280

hours of work for employees whose regular hours of work are other than the standard

workday). Upon completion of the probationary period, he shall be credited with

seniority dating back to his date of last hire in the bargaining unit. With the written

consent of the Hospital, the probationary employee and the Chief Steward of the Union,

such probationary period may be extended. Any extension agreed to will be in writing

and will specify the length of the extension.

The Hospital may discharge or discipline an employee at any time during the probationary

period, without cause and at the sole discretion of the Hospital, and such discharge shall

not be the subject of a grievance or arbitration. The employer will not exercise its

discretion in an arbitrary or discriminatory manner nor will it do so in bad faith.

ARTICLE 9 - SENIORITY

9.01 Employee will accumulate seniority on the basis of their continuous service in the

bargaining unit from the date of last hire in the bargaining unit, except as otherwise

provided herein. Seniority will operate on a bargaining unit wide basis.

9.02 Seniority List

The Hospital agrees to provide the Union as soon as practicable after the signing of this

Agreement, with a Seniority List showing the seniority date of each employee in the

bargaining Unit. The Hospital further agrees to provide the Union with a copy of the

current Seniority List during the month of January each year during the term of this

Agreement. A copy of the Seniority List will also be posted on the bulletin board.

9.03 Full seniority and service shall be retained by the Security Guard in the event that he/she

is transferred from part-time to full-time. A Security Guard whose status is changed from

part-time to full-time shall receive credit for full seniority and service on the basis of 1

year of seniority or service for each 2080 hours worked. Any time worked in excess of an

equivalent shall be prorated at the time of transfer.


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9.04 Loss of Seniority

An employee shall lost all seniority and shall be deemed to have terminated his

employment if he:

(a) resigns;

(b) is discharged and not reinstated through the grievance or arbitration procedure;

(c) is retired;

(d) is absent from scheduled work for a period of three (3) or more consecutive

working days without notifying the Hospital of such absence and providing a

reason satisfactory to the Hospital;

(e) fails to return to work upon the expiration of a leave of absence or utilizes a leave

of absence for purposes other than that for which it was granted;

(f) has been laid off for a period of eighteen (18) months;

(g) fails upon being notified of a recall to signify his intention to return to work

within five (5) working days after he has received the notice of recall and fails to

report to work within ten (10) working days after he has received the notice of

recall. For purposes of this Article, notice of recall is deemed to have been

received on the second day immediately following the date the Hospital mailed

the notice of recall by registered mail;

(h) is absent due to illness or disability which absence continues for a period of

eighteen (18) months;

(i) is found to have stolen or misappropriated property belonging to the Hospital,

patients, employees or agents for the Hospital.

9.05 Effective of Absence

(a) It is understood that during an approved unpaid absence not exceeding thirty (30)

continuous days or any approved absence paid by the Hospital, both service and

seniority with accrue.

(b) During an unpaid absence exceeding thirty (30) continuous calendar days, credit

for service for purposes of salary increments, vacation, sick leave of any other

benefits under any provision of the Collective Agreement or elsewhere shall be

suspended, the benefits concerned appropriately reduced on a pro rata basis and

the employee's anniversary date adjusted appropriately. In addition, the employee

will become responsible for full payment of subsidized employee benefits in

which he is participating for the period of the absence except where otherwise

prohibited by law.


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(c) It is further understood that during such unpaid absence, credit for seniority for

purposes of promotion, demotion, transfer, lay-off or recall shall be suspended

and not accrue during the period of absence except where prohibited by law.

9.06 Change of Address or Telephone/Contact Number

It shall be the duty of employees to notify the Hospital promptly of any change in address

or telephone/contact number. The Hospital shall be entitled to rely on the last address

and telephone/contact number furnished by the employee for all purposes and if the

employee has not notified the Hospital of his new address or telephone/contact number,

the Hospital will not be responsible for failure of any notice to reach the employee.

9.07 Lay-off and Recall

In the event of lay-off, the Hospital shall lay-off employees in the reverse order of their

seniority within their classification, provided that there remain on the job employees who

are qualified to perform the available work. An employee shall have the opportunity of

recall from a lay-off to an available opening, in order of seniority, provided he is qualified

to perform the available work.

9.08 Clearing the Record

Any record of a disciplinary action taken by the Hospital will be removed from the

employee's personal record after eighteen (18) months of its issuance.

ARTICLE 10 - HOURS OF WORK

10.01 (a) The regular work week shall average forty hours (40) per week (inclusive of paid

lunch and breaks) for each employee or such other hours as may be agreed to by

the parties in respect of specific employees. The provisions of this Article are

intended only to provide a basis for calculating time worked and shall not

constitute a guaranty of hours of work per shift or per week or for any other period

whatsoever nor a guaranty of working schedules.

(b) It is understood that regular hours include those required to accommodate the

change from daylight saving time to standard time and vice versa and to which the

provisions of Article 11 shall not apply.

(c) Employees must report to their respective supervisors in uniform and remain in

uniform for the full working shift. Uniforms must have UHN security flashes and

be accompanied by photo ID.

(d) Casual employees must submit a minimum of 32 hours of weekend availability

per month. Failure to do so may result in disciplinary action, up to and including

termination.

(e) Security Officers must report for duty at least 10 minutes prior to commencement

of their shift for proper exchange of equipment and information.


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10.02 Employees will be entitled to two (2) rest periods of fifteen (15) minutes duration per

shift with one (1) rest period in the first half of the shift and the second (2nd) rest period in

the second half of the shift. The Hospital will decide when the rest periods are to be

taken by the employees.

10.03 It is agreed that employees on shift shall not leave their place of work until properly

relieved by another employee or authorized to do so by their supervisor.

10.04 The Hospital may allow an exchange of shift at the request of two (2) employees

provided such change in schedule is submitted in writing by both employees and the

Hospital's approval is obtained in advance and provided further that no overtime premium

is paid as a result of such exchange and no additional cost to the Hospital results from

such exchange.

10.05 Call-Back

Where employees are called back to work after having completed their regular shift and

prior to the commencement of their next regular shift, they shall receive minimum of

three (3) hours pay at the rate of time and one-half their regular hourly rate. Where

callback is immediately prior to the commencement of their regular shift, the callback

will only apply to the point of commencement of a regular shift at the rate of time and

one-half after which they shall revert back to the regular shift. Callback pay shall cover

all calls within the minimum three (3) hour period provided for above.

10.06 Shift Premium

(a) An employee shall be paid a shift premium of eighty cents ($0.80) effective April

1, 2006, eighty-five cents ($0.85) effective April 1, 2007 and ninety cents ($0.90)

effective April 1, 2008 per hour for each hour worked outside the normal hours of

the day shift provided that such hours exceed two (2) hours of work in

conjunction with the day shift.

(b) An employee shall be paid a weekend premium of sixty cents ($0.60) effective

April 1, 2006, sixty-five cents ($0.65) effective April 1, 2007 and seventy cents

($0.70) effective April 1, 2008 per hour for each hour worked on Saturday and

Sunday.

10.07 Where a Security Guard is scheduled to work a shift without back up and unable to take

the normal meal break, he/she shall be credited with one-half (1/2) hour at straight time.

10.08 When the Hospital temporarily assign an employee to carry out assigned responsibilities

of a higher paying classification outside the bargaining unit for a period in excess of one-

half of one shift, the employee shall receive an allowance of $0.50 per hour for each shift

from the time of the assignment.


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10.09 Paid Lunch

The Hospital will provide the security officers with a paid one-half hour lunch break.

ARTICLE 11 - OVERTIME

11.01 (a) (i) Subject to sub-clause (ii) below, authorized work performed in excess of

eight (8) hours in a day and eighty (80) hours in a bi-weekly pay period

will be counted as overtime work and will be paid for at the rate of time

and one-half the employee's regular straight time hourly rate of pay.

(ii) In the case of employees assigned to work shifts of other than eight (8)

hours per day, overtime will be payable for authorized work performed in

excess of the hours agreed upon by the parties. Such overtime will be paid

for at the rate of time and one-half the employee's regular straight time

hourly rate of pay.

(b) It is understood and acknowledged that the Hospital has the right to require

employees to perform reasonable authorized overtime work and the Union hereby

gives its consent to such overtime pursuant to the Employment Standards Act.

(c) Overtime premium will not be duplicated nor pyramided nor shall other premiums

be duplicated nor pyramided nor shall the same hours worked be counted as part

of the normal week and also as hours for which overtime premium is paid.

(d) Overtime opportunities will be distributed in an equitable manner over a

reasonable period of time amongst employees who are available to perform the

overtime work.

11.02 Meal Allowance

When an employee is required to and does work for three (3) or more hours of

unscheduled overtime after his normal shift, he shall be provided with a hot meal or five

dollars ($5.00) if the Hospital is unable to provide the meal.

ARTICLE 12 - PAID HOLIDAYS

12.01 There shall be twelve (12) paid holidays and these holidays are set out below:

New Year's Day Labour Day

Good Friday Thanksgiving Day

Victoria Day Remembrance Day

Canada Day Christmas Day

Civic Holiday Boxing Day


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In addition, an employee who has completed six (6) months of continuous full-time

employment with the Hospital prior to July 1st of the contract year shall be entitled to one

(1) float holiday. In addition, an employee who has completed six (6) months of

continuous full-time employment with the Hospital prior to September 30th of the

contract year shall be entitled to one (1) float holiday. Float days are to be arranged by

mutual agreement between the Hospital and the employee and are to be taken in the

calendar year in which they are earned. Arrangements for scheduling any outstanding

float days must be made prior to October 1st of each year. The float days will be non-

premium holidays. Should the Hospital be required to observe an additional paid holiday

as a result of legislation, it is understood that one (1) of the existing float holidays shall be

established as the legislated holiday after discussion with the Union, so that the Hospital's

obligation to provide the number of paid holidays as noted above remains unchanged.

Those employees who have taken the relevant float holiday prior to the proclamation of

the new statutory holiday shall be deemed to have taken the newly proclaimed day.

12.02 An employee who is required to work on any of the above named holidays, will receive

pay at the rate of time and one-half the employee's regular straight time rate for work

performed on such holiday and, in addition, where the employee qualifies for the holiday

with pay in accordance with Article 12.03, such employee will receive a lieu day on a day

that is mutually agreeable to the Hospital and the employee. Provided the Hospital's

agreement is obtained, an employee who is required to work on any of the above named

holidays, may elect to take holiday pay for the day in substitution for a lieu day.

12.03 In order to qualify for a holiday with pay on each of the holidays listed in Article 12.01,

an employee must work the regular scheduled working day immediately prior to and the

regular scheduled working day following the holiday unless he is absent due to vacation

or illness originating in the current or previous pay period in which the holiday occurs or

is on leave of absence on Union business all of which must be authorized by the Hospital.

12.04 It is understood that for calendar year 2006, if an employee has used three (3) floats

before Remembrance Day 2006, then that employee would not qualify for the stat during

this calendar year.

12.05 It is further understood that if an employee has at least one (1) float day remaining at the

time of the signing of this Agreement that float must be saved and used for the

Remembrance Day Statutory.

ARTICLE 13 - VACATIONS

13.01 Vacation entitlement shall be as follows:

(a) Employees who have completed less than one (1) year of full-time continuous

service shall be entitled to earn vacation credits at the rate of 6.25 hours for each

calendar month of service.

(b) Employees who have completed one (1) or more years of full-time continuous

service but less than five (5) years of full-time continuous service shall be entitled

to three (3) weeks vacation.


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(c) Employees who have completed five (5) or more years of full-time continuous

service but less than fifteen (15) years of full-time continuous service shall be

entitled to four (4) weeks vacation.

(d) Employees who have completed thirteen (13) or more years of full-time

continuous service but less than twenty-two (22) years of continuous full-time

service shall be entitled to five (5) weeks vacation.

(e) Employees who have completed twenty-two (22) or more years of full-time

continuous service shall be entitled to six (6) weeks vacation.

13.02 It is understood and agreed that the Hospital will give every consideration to an

employee's preference as to the timing of his vacation but of necessity, the Hospital

reserves the right to the final decision as to the scheduling of vacations.

13.03 Vacations may be taken at any time of the year that is mutually acceptable to the parties.

An employee may take his entire earned vacation entitlement at one time subject,

however, to an employee taking no more than one hundred and sixty (160) hours of

earned vacation entitlement during the peak vacation period.

13.04 Earned vacation credits may not be utilized during an employee's probationary period.

13.05 Employees may carry over a maximum of two (2) weeks vacation into the next calendar

year. The carry over is subject to operational requirements and Manager’s approval.

Such carry over requests will not be unreasonably denied.

13.06 Requests for vacation for the peak vacation period - June 15 to September 15 - shall be

submitted in writing by March 1st of each year. Approved vacation schedules will then be

posted by April 15th. Vacation requests outside the peak vacation period shall be

submitted in writing at least four (4) weeks prior to the requested time off.

13.07 In the event of a conflict in vacation requests for the peak vacation period (June 15 to

September 15) seniority will be the deciding factor. An employee may exercise his

seniority only once in respect of the peak vacation period.

13.08 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

illness shall be considered sick leave. Where an employee's scheduled vacation is

interrupted due to a serious illness requiring the employee to be an in-patient in a

hospital, the period of such hospitalization shall be considered sick leave. The portion of

the employee's vacation, which is deemed to be sick leave under the above provision, will

not be counted against the employee's vacation, credits.

13.09 Casual employees vacation to be paid on every pay cheque.

13.10 Vacation entitlement will be amended to reflect that of SEIU Central should there be

improvements for the year 2007 to the expiry of this agreement. This provision is in effect

for the life of this agreement only.


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ARTICLE 14 - HEALTH AND INSURED BENEFITS

14.01 The Hospital agrees, during the term of the Collective Agreement, to contribute towards

the premium coverage of participating eligible employees in the active employ of the

Hospital under the insurance plans set out below subject to their respective terms and

conditions including any enrollment requirements.

(a) The Hospital agrees to pay one hundred per cent (100%) of the billed premium

towards coverage of eligible employees in the active employ of the Hospital under

the Blue Cross Semi-Private Plan or comparable coverage.

(b) The Hospital agrees to contribute seventy-five percent (75%) of the billed

premium towards coverage of eligible employees in the active employ of the

Hospital for standard coverage under the Blue Cross extended Health Care

Benefits with added coverage for all practitioners (Clinical Psychiatrist, Massage

Therapist, Speech/Language Pathologist, Chiropractor) to a maximum of $500.00

maximum per year combined) or comparable coverage with another carrier

providing for ten dollars ($10.00) (single) and twenty dollars ($20.00) (family)

deductible, providing the balance of the monthly premiums are paid by the

employee through payroll deductions. In addition to the standard benefits,

coverage will include vision care to a maximum of $200.00 every twenty-four

(24) months, plus bi-annual eye exam as well as a hearing aid allowance at cost of

acquisition per individual every 36 months. The deductible will be $15.00 (single)

and $25.00 (family).

Existing provisions for private duty nursing services contained in this plan will be

amended to reflect that this benefit is limited to a maximum of ninety (90) eight-

hour shifts in any calendar year.

(c) The Hospital agrees to contribute one hundred per cent (100%) of the billed


Hospital under the Group Life Insurance Plan currently in effect. Such insurance

shall include benefits for accidental death and dismemberment in the principal

amount equal to the Group Life Insurance to which the employee is entitled.

(d) The Hospital agrees to contribute seventy-five per cent (75%) of the billed


Hospital under Blue Cross No. 9 Dental Plan or comparable coverage with

another carrier (based on the current ODA fee schedule) provided the balance of

the monthly premium is paid by the employee through payroll deduction. Dental

recall including preventative services is every nine (9) months; Blue Cross rider #

2 (or equivalent) [complete and partial dentures] at 50/50 co-insurance to

$1000.00 annual maximum; and Blue Cross rider #4 (or equivalent) [crowns,

bridgework, and repairs to same] at 50/50 co-insurance to $1000.00 annual

maximum.


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(e) The Hospital agrees to contribute seventy-five (75%) of the billed premium

towards coverage of eligible employees in the active employ of the Hospital under

the Long Term Disability Plan currently in effect and the employee will pay the

balance of the monthly premium through payroll deduction.

(f) The policy of the Hospital to make available pension coverage for the employees

subject to the provisions of the Plan will be continued during the term of this

Agreement.

(g) Should there be a benefits improvement at the Central level during the life of this

Agreement, those benefits will be included as part of this Agreement.

14.02 For newly hired employees, coverage as set out in Article 14.01 shall be effective the first

billing date in the month following the month in which the employee was first employed

in respect of the Blue Cross Semi-Private Plan and the first billing date in the fourth

month following the month in which the employee was first employed for the remaining

plans listed in Article 14.01. In every instance this is subject to any enrollment or other

requirements of the particular plans.

14.03 The Hospital may substitute another carrier for any of the foregoing Plans provided that

the level of benefits conferred thereby is comparable. The Hospital will advise the Union

of any change in carrier or underwriter as soon as practicable prior to implementing a

change in carrier.

14.04 Participation in the Hospital Pension plan as defined by the terms and conditions of the

plan is mandatory for all eligible employees.

14.05 Notification of Change of Status

Employees must notify the Hospital of any change in name, income tax status, insurance

beneficiary, next of kin, dependents or any other pertinent information necessary for

dealing with employee benefits and statutory deductions.

14.06 In lieu of benefits (including statutory holidays) casual employees not participating in the

Hospitals of Ontario Pension Plan (HOOPP) will receive 14% of their regular wages on

each paycheck. Casual employees who are participating in HOOPP will receive 9% in

lieu of benefits.

ARTICLE 15 - SICK LEAVE

15.01 Pay for sick leave is for the sole and only purpose of protecting an employee against loss

of regular income when he is legitimately ill and unable to work and will granted on the

following basis: (Also, please see letter dated April 23, 1998 at the back of the

agreement)

(a) It is understood and agreed that no sick leave will be allowed during an

employee's probationary period. Should the employee remain in the employ of the

Hospital after completion of his probationary period, he will be credited with the


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appropriate number of hours of sick credits calculated in accordance with

paragraph (a) above.

(b) The employee may be required to provide proof of sickness in the form of a

medical certificate satisfactory to the Hospital for an absence of any duration and

must do so as well as report to the Department of Occupational Health when

returning to duty after an absence of three (3) days or more.

(c) Employees shall not be entitled to sick leave for sickness or accident compensable

by the Workers' Compensation Board.

15.02 An employee who mis-uses the sick leave provisions set out in this Agreement will be

subject to discharge by the Employer.

15.03 An employee with accumulated sick leave credits who is prevented from working for the

Hospital on account of an occupational illness or accident that is recognized by the

Worker's Compensation Board as compensable within the meaning of the Workers'

Compensation Act may, on application to the Hospital, supplement the award made by

the Workers' Compensation Board for his loss of wages by such amount that the award of

the Workers' Compensation Board for loss of wages together with the supplementation

will equal one hundred per cent (100%) of the employee's net earnings to the limit of his

accumulated sick leave credits. This supplementation, where available, will be drawn

from the employee's accumulated sick leave credits. Employees may also utilize such

sick leave credits while awaiting approval of a claim for Workers' Compensation.

15.04 To qualify and be paid sick leave from credits accumulated, an employee must notify his

supervisor or designate at least two (2) hours prior to his scheduled starting time if on the

day shift and four (4) hours prior to his scheduled starting time if on the evening or night

shift except in extenuating circumstances. The Hospital reserves the right to require

proof of illness by medical certificate or such other form of proof as the Hospital may

require before sick leave is granted. The Hospital will pay the cost of any doctor's notes

or reports requested by it.

15.05 An employee who is returning to work after being absent due to illness must notify his

supervisor or designate that he will be returning to work prior to the start of the shift he is

returning to work on as follows:

by 1430 hours if returning to work on the day shift the following day;

by 1130 hours if returning to work the evening shift the same day;

by 1530 hours if returning to work the night shift commencing the same day.

15.06 Unemployment Insurance Rebate

The short-term sick leave plan shall be registered with the Unemployment Insurance

Commission. The employee's share of the Hospital's unemployment insurance premium


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reduction will be retained by the Hospital towards offsetting the cost of benefits contained

in this Collective Agreement.

ARTICLE 16 - LEAVES OF ABSENCE

16.01 Bereavement Leave

An employee who notifies the Hospital as soon as possible following a bereavement shall

be granted up to three (3) consecutive days off without loss of his regular pay for his

scheduled hours from the date of death up to and including the date of the funeral in order

that the employee may make arrangements for and/or attend the funeral of a member of

his immediate family. Immediate family means parent, step-parent, brother, sister,

spouse, son, daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-

in-law, sister-in-law, grandparent and grandchild.

16.02 Jury and Witness Duty

If an employee is required to serve as a juror in any court of law or is required to attend as

a witness in a court proceeding in which the Crown is a party, the employee shall not lose

regular pay because of such attendance provided the employee:

(a) notifies the Hospital immediately on the employee's notification that he will be

required to attend at court;

(b) presents proof of service requiring the employee's attendance;

(c) deposits with the Hospital the full amount of compensation received excluding

mileage, traveling and meal allowance and an official receipt thereof.

16.03 Pregnancy Leave and Parental Leave

Pregnancy and Parental leaves will be granted in accordance with the provisions of the

Employment Standards Act. The employer will top up an employee's Employment

Insurance benefits so that an employee on pregnancy or parental leave will receive 75%

of normal earnings during the leave.

16.04 Personal Leave

(a) The Hospital may grant leave of absence without pay to an employee for

legitimate personal reasons established to the satisfaction of the Hospital. A

request for such leave shall be made in writing to the employee's department head

as far in advance as possible but in the case of a requested leave for a period in

excess of thirty (30) days; the request in writing must be made to the Vice-

President Human Resources. The application must clearly state the reason for the

requested leave of absence and the duration of such absence.

(b) Employees who are on a leave of absence will not engage in gainful employment

while on such leave and if an employee does engage in gainful employment while


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on such leave of absence, he will forfeit all seniority rights and his employment

with the Hospital shall be deemed to be terminated.

16.05 Union Leave

The Hospital may grant leave of absence without pay to employees to attend Union

conventions, educational seminars or other such Union meetings. A request for a leave of

absence under this clause must be made at least twenty-one (21) days in advance in

writing to the Hospital. No more than one (1) employee may be off at any one time under

this Article. Furthermore, the total number of cumulative days of leave that may be

granted under this Article will not exceed five (5) days per calendar year. Leave under

this clause will not be unreasonably withheld. In each case, the Hospital will consider

whether the requested leave would interfere with the efficient operations of the Hospital.

16.06 Education Leave

(a) If required by the Hospital, an employee shall be entitled to leave of absence with

pay and without loss of seniority and benefits to write examination to upgrade his

or her employment qualifications.

(b) A leave of absence, without pay, to take further education related to the

employee's the employee might grant work at the Hospital upon written

application to the Hospital. It is further understood and agreed that the Hospital

will, wherever its occupational requirements permit, endeavour to arrange the

shifts of employees attending courses or seminars to permit such attendance.

(c) Where employees are required by the Hospital to take courses to upgrade or

require new employment qualifications, the Hospital shall pay the full costs

associated with the courses.

ARTICLE 17 - JOB POSTING

17.01 Where a full-time vacancy occurs such vacancy shall be posted by the Hospital for a

period of seven (7) days.

17.02 All applications are to be made in writing within the posting period.

17.03 The senior employee, who, in the opinion of the Hospital has the skills, ability and

qualifications to perform the work, including the ability to attend work regularly, shall be

awarded the position.

17.04 Where two (2) or more employees have the same seniority date, relative seniority shall be

determined by the alphabetical order of their surnames.

17.05 Provided that it does not reduce available hours of regular or casual employees, the

Hospital may provide employment to summer or co-op students.


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17.06 Promotion or Transfer – Applies to Charge Officer position only

A Security Officer must serve a trial period of ninety (90) days when promoted or

transferred into a new position. Should the Hospital demonstrate that the officer is

unsuitable for the position, the officer will be returned to his original position.

17.07 An Officer who is successful in posting into a vacant position will not be permitted to

post into another posted vacancy for a period of six (6) months from the date of transfer.

17.08 The Hospital reserves the right to fill vacant positions on a temporary basis until such

time the job posting procedure is completed.

17.09 Casual employees are required to work twenty (20) shifts in a six month (6) period.

Failure to do so will result in their termination provided the failure is not due to lack of

work and if the employee has failed to accept 50% or more of the shifts offered.

17.10 The parties agree that, on health and safety ground, and with the acknowledgement that

all employees should have a minimum period of hours free from work; employees should

have a minimum period of at least eight hours free from work from other employers in

the sixteen hour period immediately preceding their shifts at the Hospital. Employees

must, accordingly, advise the Hospital, upon request, as to the identity of any other

employer and provide the Hospital with copies of their work schedules with other

employers. The parties further agree that substantial forms of self employment may have

the same impact as work for another employer, and agree that, where the Hospital has

reason to believe those circumstances exist, the term of the preceding paragraph apply.

17.11 Where a permanent Charge Officer vacancy occurs within the bargaining unit, such

vacancy shall be posted for a period of seven (7) consecutive calendar days. Applications

for such vacancy shall be made in writing within seven (7) day period referred to herein.

17.12 A Charge Officer shall be selected for the position on the basis of their skill, ability

including the ability to attend work regularly, experience and qualifications. Where these

factors are relatively equal amongst the officers considered, seniority shall govern

providing the successful applicant, if any, is qualified to perform the available work

within an appropriate familiarization period.

ARTICLE 18 - COMPENSATION

18.01 The wage rates in effect for the duration of this Collective Agreement shall be as follows:

(a) The Step 2 wage rates will be increased, retroactive to the dates stipulated below.

April 1, 2006 $19.62/hour

October 1, 2006 $19.87/hour

April 1, 2007 $20.17/hour


April 1, 2008 $20.73/hour



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(b) The Step 1 rates will be $1.00/hour less than the Step 2 rates above.

(c) Casual employees will receive the Step 2 wage rate after having worked 1680

hours.

(d) The current practice with respect to Charge Officer will be continued. The rate of

pay for the Charge Officer will be $1.50/hour over the rate of pay for the Security

Officer for each hour worked.

18.02 When a new classification, which is covered by the terms of this Collective Agreement, is

established by the Hospital, the Hospital shall determine the rate of pay for such new

classification and notify the Union of it within seven (7) days. If the Union challenges the

rate, it shall have the right to request a meeting with the Hospital to endeavour to

negotiate a mutually satisfactory rate. Such request will be made within ten (10) days

after the receipt of notice from the Hospital of such new occupational classification and

rate. Any change mutually agreed to resulting from such meeting shall be retroactive to

the date that notice of the new rate was given by the Hospital. If the parties are unable to

agree, the dispute concerning the new rate may be submitted to arbitration as provided in

this agreement within fifteen (15) days of such meeting. The decision of the Board of

Arbitration shall be based on the relationship established by comparison with the rate(s)

for other classification(s) in the bargaining unit having regard to the requirements of such

classification.

ARTICLE 19 - SUBCONTRACTING

19.01 The Hospital shall not contract out any operations which are usually performed by

members of the bargaining unit if, as a result of such contracting out, a lay-off of any

employees other than casual employees results from such contracting out. Contracting

out to an employer who is organized and who will employ the employees of the

bargaining unit who would otherwise be laid off with similar terms and conditions of

employment is not a breach of this provision.

ARTICLE 20 - BULLETIN BOARD

20.01 The Hospital will provide bulletin board space in the security office for the purpose of

posting notices regarding meetings and other matters restricted to Union matters. All

such notices must be signed by an officer of the Union and submitted to the Vice-

President Human Resources or his designate for approval prior to being posted.

ARTICLE 21 - CORRESPONDENCE

21.01 All correspondence between the parties arising out of this Agreement shall pass to and

from the Vice-President Human Resources or his designate and the President of the

Union.


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ARTICLE 22 - DURATION

22.01 This Agreement shall continue in effect until March 31, 2009 and shall remain in effect

from year to year thereafter unless either party gives to the other party not more than

ninety (90) days before the date of termination, written notice of termination or desire to

amend the Agreement.

22.02 In the event of such notification being given as to the amendment of the Agreement,

negotiations between the parties shall begin within thirty (30) days or as mutually agreed

to following such notification.

22.03 If pursuant to such negotiations an agreement on the renewal or amendment of this

Agreement is not reached prior to the current expiration date, this Agreement shall

automatically be extended until consummation of a new Agreement or completion of the

procedures prescribed under the Labour Relations Act of the Province of Ontario and the

Hospital Labour Disputes Arbitration Act as amended from time to time.

ARTICLE 23

23.01 Attached hereto and forming part of this Agreement are the following appendices:

Appendix A - terms and conditions for casual Security Guards.


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APPENDIX "A"

This Appendix sets out the terms and conditions for all casual security guards as defined in the

Certificate issued by the Ontario Labour Relations Board; that is all, security guards employed by

the Princess Margaret Hospital in the Municipality of Metropolitan Toronto, regularly employed

for not more than twenty-four (24) hours per week and students employed during the school

vacation period, save and except supervisors and persons above the rank of supervisor.

1. The following Articles of the Collective Agreement will be applicable to casual security

guards:

1, 3, 4, 5, 6, 7, 9.02, 9.03, 10.06, 11, 14.04, 17, 19, 20, 21

2. (a) The Hospital will continue its current practice with respect to the matter of

benefits and vacation for casual employees.

(b) A casual security guard who has been employed for a minimum of thirty-six (36)

months and has worked a minimum of 3,000 hours will be eligible for Extended

Health benefits.

3. (a) Seniority for casual employees will be calculated and expressed on the basis of

hours worked.

(b) A new casual employee will be considered on probation until he has worked a

total of 860 hours from the date of his last hire in the bargaining unit. Upon

completion of the probationary period, he shall be credited with 860 hours of

seniority. With the written consent of the Hospital, the probationary employee

and the Chief Steward of the Union, such probationary period may be extended.

Any extension agreed to will be in writing and will specify the length of the

extension.

The Hospital may discharge a casual employee at any time during the

probationary period, without cause and at the sole discretion of the Hospital, and

such discharge shall not be the subject of a grievance or arbitration.

(c) The Security Guard shall retain full seniority and service in the event that he/she is

transferred from full-time to casual. A Security Guard whose status is changed

from full-time to casual shall receive credit for full seniority and service on the

basis of 2080 hours of seniority or service for each year worked. Any time

worked in excess of an equivalent shall be prorated at the time of transfer.


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Letter of Understanding

Between

Ontario Cancer Institute/Princess Margaret Hospital

And

Brewery, General and Professional Worker's Union (BG & PWU)

This Letter of Understanding is attached to and forms part of the Collective Agreement.

This Letter is to confirm the parties understanding that the Hospital will provide employees with

the following uniform issue:

2 pants per year 1 sweater every 2 years

4 shirts per year 1 jacket in 3rd year of contract

Casual employees will receive the annual uniform issue if they work 650 hours per year or more.

Casual employees who work less than 650 hours per year will receive uniforms at the discretion

of their manager.


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23 April 1998 BY FAX: 416-762-0182

Mr. Cameron Nelson

Business Agent

Brewery, General and Professional Workers Union

239 Jane Street

Toronto, Ontario

M6S 3Z1

Dear Mr. Nelson:

Further to my recent discussions with the PMH local, Leo Maddox, regarding the Princess

Margaret Hospital conversion to HOODIP, this will serve to confirm that the conversation is

targeted for May 1, 1998 PMH. The conversation to HOODIP will integrate the sick benefit plan

across the Toronto Hospital for all employee groups.

As you may be aware, the transition from the accrued sick plan to the renewable 75 day sick

entitlement period under HOODIP, will significantly improve the sick benefit coverage of the

majority of staff members, who at present have limited and/or less than 75 total accrued sick

hours to draw from. As discussed, the conversion would eliminate the existing accrued sick

entitlement.

With respect to Long Term Disability, as you know, the HOODIP Plan provides for 15 weeks

paid sick, followed by a subsequent 15 period of U.I.C. sick benefits, after which approved LTD

commences. Any other provisions of LTD benefits remain unchanged.

As discussed, to facilitate the conversation, it is mutually agreed that any bargaining unit

members, who are currently entitled to sick pay, whose hire date is prior to May 1, 1998 will be

entitled to receive sick pay at a rate of 100% of their regular earnings. Employees hired after

May 1, 1998 will receive sick pay as per the graduated plan under HOODIP.

Thank you for your attention to this matter. Please sign and return by fax this letter to my

attention at your earliest convenience (946-6557).

Sincerely,


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23 April 1998 BY FAX: 762-0182

Mr. Cameron Nelson

Business Agent

Brewery, General and Professional Workers Union

239 Jane Street

Toronto, Ontario

M6S 3Z1

Dear Mr. Nelson:

Further to my fax of earlier today regarding the conversation to the Toronto Hospital sick plan,

this will serve to confirm that there is no two-week waiting period for UIC sick benefit following

the 15 weeks of sick benefits under the HOODIP Plan. The 15 weeks is recognized as approved

sick time and the waiting period is waived.

Furthermore, I want to clarify that the conversion with the TTH Plan refers to the HOODIP Short

Term Disability Plan. As previously indicated, this will not require any change to the existing

benefit coverage or cost of the PMH LTD Plan.

Sincerely,

University Health Network - Ontario · University Health Network PRINCESS MARGARET HOSPITAL (hereinafter referred to as the “Hospital”) And ... Margaret Hospital in the Municipality

Documents