NAPE Care. Givers Our heart is in the right place COLLECTIVE AGREEMENT Between CAREGIVERS INC. And NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES Expiry: June 30, 2014 THIS AGREEMENT made this Thousand and Ten. /£ '1'~ day of _---l1l<..;VELL&;L-___ , Anno Domini, Two r BETWEEN: CAREGIVERS INC., a body corporate organized and existing under the laws of the Province of Newfoundland and Labrador and having its registered office in the City of St. John's aforesaid (hereinafter called the "Employer"); of the one part; AND THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES, a body corporate organized and existing under the laws of the Province of Newfoundland and having its registered office in the City of St. John's aforesaid (hereinafter called the "Union"); of the other part; THIS AGREEMENT WITNESSETH that for and in consideration of the premises and covenants, conditions, stipulations, and provisos herein contained, the parties hereto agree as follows: TABLE OF CONTENTS Article Number and Name 1 Purpose ... .......... ................ .... .. ...... ... ..... ....... .. ... ..... ..... ... ... ........ .... .. ... ... ....... 1 2 Recognition ............. ... ......... ..... ... ... ... ... ......... ... ....... .. ... ... ...... ..... ...... .. ... ..... .. . 1 3 Management Rights .... ....... .. ..... .. ... ... ...... ....... .. ... ............... ........ .. .... ..... ........ 1 4 Interpretation and Definitions .... .... ............................ .. .................... .... .......... 1 5 Union Security ................. ... ... ...... ... .... .. ............... ...... .. ... ... ..... .. .. .. ..... .. .......... 3 6 No Discrimination 7 Harassment .. ............ ............. .... .... .. ........ ... ... ... ....... ... .... .. .. .... .. .... ..... .. .. ....... 4 8 Grievance Procedure ................. .... .. ........... .. .. ... ........ .. ..... ...... .. ......... .. ... .. ... . 4 9 Arbitration ....... ... .... ... ...... ................... .... .... .. ........ ....... ............. .. ......... .. ..... ... 6 10 Labour Management I Occupational Health Committee ...... .. .... .. .... ............. 7 11 Severe Weather Conditions .... .. ................ .. ...................... ........ .. .... .. .... .. ...... 8 12 Probation, Discipline and Employee Files ................................ .. .. .. .. .. ........... 8 13 Seniority ...................... ... ....... ...... .. ............................... ......... .... ... .... ........... 10 14 Staffing and Scheduling .. .. .... .. ..... .. .. .......... .. .......... .. .............. ... .. ............ .. .. 11 15 Overtime .. .......... ... ...... ... ..... ....... ... ......... ....... ........... ............. .... ....... .... ..... .. 14 16 Holidays .... .... .. ...................... .. .. ..... .. ... ... ... ........ ........... .. ..... ........ ................ 15 17 General Leave ..... ...... .. ...... .. ....... .. ... ... .. .... ........ ... ..... ........... .. ...... ...... .. ....... 16 18 Sick Leave .............. ... ..... ...... .... .. ... .... ..... ... ... .... ..... .... ... ...... .... ..... ... ......... ... 18 19 Leave - Other .. ........ .... .. ................ ........ ........ .... .... ........ .. .. .... .. ............ .. ...... 19 20 Payment of Wages and Allowances .... ........................ ...... .... ... .... ..... .. ...... . 22 21 Strikes and Lockouts........ .. .......... ........ .... .. ... . .. ...... .. ...... .. .. ..... .. .... .. .... .... .... 24 22 Termination and Layoff .... .... .. .. .. ... .. .... .. .. .... .. ......................... ........ .. .. .. ....... 24 23 Health and Safety ............ .. .... ........ .. .... ....................... .. ....... .. .... .... ............. 24 24 Department of Health Operating Standards .......... .. .. .. ................. .. ... .. .. .... .. 26 25 Duration of Agreement .. ...... .. .. ............ ...... ........ .. .... .... ... .. .... .. ...... .. .. ........... 26 ..... ... .... ..... ......... .......... ....... ........... ...... ... ............. .... .. ...... 4 Schedule "A" - Classification and Wages .................... .... .......... .. ... ... ... ....... 27 Memorandum of Understanding re oMedical Insurance Plan .... .. .. .. .... .. .. .. .. 29 -1ARTICLE 1 PURPOSE 1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Union and to set forth certain terms and conditions of employment. ARTICLE 2 RECOGNITION 2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees of the Employer except management, Registered Health Professionals, maintenance person, and excluded employees. 2.02 Any unresolved dispute on future inclusions or exclusions in the bargaining unit will be referred by either party to the Labour Relations Board. 2.03 Work of the Bargaining Unit Employees not covered by the terms ofthis agreement will not perform duties normally assigned to employees within the bargaining unit except for the purpose of instruction, experimenting, emergencies or when regular employees are not readily available, or as may otherwise be mutually agreed by the parties. 2.04 No Other Agreements No employees shall be required or permitted to make a written or verbal agreement with the Employer or its representative which may conflict with the terms of this Agreement. ARTICLE 3 MANAGEMENT RIGHTS 3.01 The Union recognizes and agrees that, except as may be expressly and specifically abridged or modified by the provisions of this Agreement, the Employer reserves and retains all rights, power and authority to conduct its business efficiently, manage its operations and direct its employees in all respects, including, without limitation, the right, power and authority to make, enforce and alter, from time-to-time and at any time, rules, regulations and policies to be observed by the employees. ARTICLE 4 INTERPRETATION AND DEFINITIONS 4.01 Definitions (a) "Bargaining Unit" means the bargaining unit recognized in accordance with Article 2. -2(b) "Day" means a calendar day unless otherwise stipulated in this agreement. (c) "Employee or employees" means any person employed in a position which falls within the bargaining unit. (d) "Employer" means Caregivers Inc. doing business as "CareGivers Nursing & Home Care." (e) "Holiday" means the twenty-four (24) hours period commencing at 0001 hours of a calendar day designated as a holiday in this Agreement. (f) "Week" means the period from 0001 hours Saturday to 2400 hours the following Friday, inclusive. (g) "Year" means the calendar year unless otherwise provided. * (h) "Year of Service" means 2184 hours unless otherwise stipulated. * (i) "Layoff Notice" means notice in writing which is hand delivered to the employee or a person the employee has designated in writing to receive written communication from the Employer or delivered by registered or certified mail or courier or delivered via electronic mail with delivery confirmation. U) "Business days" means days when CareGivers head office is open. * (k) "Time sheet" means a physical time sheet signed by the client or a properly completed telephone log. * (I) "Contacted" means a documented attempt by the Employer to establish communications with an employee by using the contact information provided to the Employer by the employee. * (m) "Client" means, inter alia,: 1. an individual who is receiving and paying for care from the Employer; or, 2. where the individual receiving care is incompetent by either permanent physical and/or mental incapacity, the individual or corporation paying for the provision of care to the incapacitated individual; or, 3. in the case of a child, the Director of Child Youth and Family Services; or, 4. in the case of an individual receiving subsidization for care from the Province of Newfoundland and Labrador, the Province of Newfoundland and Labrador; or, 5. in the case of an individual being cared for under the direction -3- 6. 4.02 of a Power of Attorney, the person possessing the Power of Attorney; or in the case of an individual receiving care that is paid for by another person, the person paying for the care. Gender Forthe purpose of this Agreement, the masculine shall be deemed to include the feminine and the plural indicate the singular and vice versa as the context may require. ARTICLE 5 UNION SECURITY 5.01 (a) Deduction of Union Dues The Employer shall, as a condition of employment, deduct from the biweekly pay of every member of the bargaining unit an amount equal to the regular bi-weekly membership dues of the Union. (b) Notification of Deductions The amount of the regular dues shall be authorized by the Union and the Union shall notify the Employer of any changes therein in writing at least one (1) month prior to the effective date of such change. 5.02 * Remittance of Union Dues Deductions shall be forwarded to the President of the Union by one monthly cheque within a reasonable time after the end of the month in which the deductions were made. The cheque shall be accompanied by a list which shows the employee's full name, unique Employee ID# and classification and the amount deducted on the employee's behalf. This list shall also include any additions and deletions that occurred in the previous month. 5.03 * Shop Stewards The Employer acknowledges the right of the Union to appoint or elect Shop Stewards on a ratio of 1 :20. The Union shall notify the Employer in writing of the name(s) of the Steward(s) before the Employer shall be required to recognize her. 5.04 Union Leave for Processing Grievances and Complaints (a) Every effort shall be made to schedule meetings during an employees' time off. In the event that this is not practical, and where operational requirements permit, the grievor and one (1) local union representative shall be granted leave without pay from their regular -4duties to attend grievance meetings with the Employer. In the case of a group grievance, one (1) employee from the group will be entitled to such leave. (b) 5.05 * The Employer recognizes the right of employees to be represented by a paid full time representative of the Union at any formal step in the grievance and arbitration procedure. New Members The Employer agrees to give new employees a union card, a copy of the Collective Agreement and a list of the local executive and shop stewards, as provided by the union. 5.06 Bulletin Boards The Employer shall provide a bulletin board for the use of the Union. The site of the bulletin board will be determined by mutual agreement. It is agreed that such a bulletin board will not be erected in areas normally frequented by clients. Articles, circulars, memos, etc. dealing with Union business will only be posted on the designated bulletin board. ARTICLE 6 6.01 * ARTICLE 7 7.01 * NO DISCRIMINATION The Employer and the Union agree that there shall be no discrimination with effect to any employee in the matter of hiring, wage rates, training, upgrading, promotion, transfer, layoff, recall, discipline, classification, discharge, assignment of work, or otherwise by any grounds prohibited under the Human Rights Code of Newfoundland and Labrador, nor by reason of his/her membership or activity in the Union. HARASSMENT The Employer and the Union recognize the right of employees to work in an environment free from harassment as defined in the Newfoundland and Labrador Human Rights Code. The Employer shall undertake to investigate alleged occurrences of harassment with reasonable dispatch. ARTICLE 8 GRIEVANCE PROCEDURE 8.01 Definition For the purpose of this Agreement, a Grievance means a complaint in writing presented in accordance with this Agreement arising out of the interpretation, application, administration or alleged violation oftheterms ofthis Agreement. -58.02 Grievance Process Complaint Stage (Verbal) It is the mutual desire of the parties to this Agreement that differences shall be resolved as quickly as possible. It is understood that both employee and union policy grievances must be discussed at the complaint stage prior to becoming a valid grievance. An employee has no grievance until the employee has first submitted her complaint to the Shop Steward and said Steward considers the complaint to be justified and until the employee and shop steward have given his/her immediate supervisor or another supervisor designated by the Employer the opportunity to resolve the complaint. Such complaint(s) shall be discussed with the immediate supervisor within five (5) business days after the circumstances giving rise to the complaint occurred or after such circumstances ought reasonably to have come to the attention of the employee or the Union. The Employer shall provide a response to the complaint within five (5) business days of the discussion. Step 1 (Written) Failing settlement at the complaint stage, the employee may submit a formal grievance, in writing, signed by both the grievor and the Shop Steward, to the immediate supervisor within five (5) business days of the response at the complaint stage. Such grievance shall state the nature of the grievance, the remedy sought and the provisions of the Agreement which are allegedly violated. The supervisor shall reply to the grievance in writing no later than five (5) business days from the time the grievance was submitted to her. Step 2 Failing settlement at Step 1, the grievor, through the Shop Steward, may submit the grievance within five (5) business days from the reply at Step 1 to the General Manager or designate. The General Manager or designate shall meet with the Shop Steward and the grievor in an effort to settle the grievance. The General Manager or designate shall reply to the grievance no later than ten (10) business days from the time the grievance was submitted to her. Step 3 Failing settlement at Step 2, either party may refer the grievance to arbitration within fifteen (15) business days of the Step 2 decision. 8.03 Union Representation The employee may be represented by a full time representative of the Union at Step 1, 2 or 3 of the Grievance Procedure. -6- 8.04 Time Limits The time limits specified in this Article may be extended in writing by mutual agreement of the parties. 8.05 Suspension or Discharge Grievance A grievance by an employee who has completed her probationary period claiming that she has been unjustly discharged or suspended may be submitted directly to the General Manager or designate at Step 2 of the Grievance Procedure. Such grievance must be received by the General Manager or designate within five (5) business days of the date of notification of the suspension or discharge. 8.06 Policy and Group Grievances (a) Policy Grievance Where a grievance is initiated by either the Union or the Employer, the procedure shall start with the General Manager or designate at Step 2 of Clause 8.02. (b) Group Grievance Where a number of employees have similar grievances and each employee would otherwise be entitled to grieve separately, they will present a group grievance in accordance with Article 8.02 identifying to the General Manager or designate each employee who is grieving. 8.07 Technical Objections to Grievances No grievance shall be defeated or denied by a technical objection occasioned by a clerical, typographical or similar technical error, or by the inadvertent omission of a Step in the Grievance Procedure. ARTICLE 9 ARBITRATION 9.01 No matter may be submitted to arbitration under this article unless settlement thereof has been attempted through the grievance procedure set out in Article 8. 9.02 Notice to refer a grievance to arbitration shall be in writing in accordance with the time limits set out in the grievance procedure. Failure to refer a grievance to arbitration within the specified time limits will be interpreted as abandonment of the grievance. -7- 9.03 With ten (10) workdays from the time of the notice to either party of its intention to submit the grievance to arbitration, the parties shall appoint their respective nominees to the arbitration panel, who will select a mutually agreeable chair within a further fifteen (15) days, or if mutually agreed the parties may, within the initial ten (10) days period agree to the appointment of a sole arbitrator to hear the matter. The parties may mutually agree to the substitution of a single Arbitrator for an Arbitration Board in which event the provisions of this article and any other provisions which refer to an Arbitration Board shall apply equally to a single Arbitrator. Should the parties fail to agree upon an Arbitrator, then the party initiating the grievance shall request the appointment of an arbitrator by the Minister of Labour. 9.04 The decision of the arbitration panel shall be binding on both parties. The arbitrator shall have no authority or discretion to alter, amend or modify any provisions of this agreement. 9.05 The arbitration panel shall render its decision in writing within thirty (30) days from the date of the hearing. 9.06 Each party shall pay: (a) (b) the fees and expenses of the nominee it appoints; and one-half (Y» of the fees and expenses of the Chairperson. 9.07 If agreed by the parties, alternative dispute resolution mechanisms may be employed as an alternative to the traditional arbitration process. 9.08 Time limits may be extended by mutual agreement, in writing, between the parties to the grievance. 9.09 The parties may have the assistance of employees who are required to appear as witnesses in arbitration. Employees who are required to appear as a witness will be granted time off work without pay. ARTICLE 10 LABOUR-MANAGEMENT/OCCUPATIONAL HEALTH COMMITTEE 10.01 The parties agree to establish a Labour-Management Committee comprised of not more than two (2) employees and two (2) Employer representatives. The topics for discussion and the frequency of the meetings shall be determined by mutual consent of the parties. 10.02 Discussions held during Labour-Management Committee meetings shall be considered "without prejudice" and agreements reached shall not be binding on either party unless specifically agreed in writing between the union and the Employer. -8Recognizing its responsibilities under the Act, the Employer agrees to accept as a member of its Occupational Health and Safety Committee, one (1) bargaining unit representative selected or appointed by the Union. 10.03 ARTICLE 11 SEVERE WEATHER CONDITIONS 11.01 • During severe weather conditions or a declared state of emergency, the Employer shall determine whether or not operations will be suspended in a particular area or community. Should a suspension of operations occur employees shall suffer no loss of pay. ARTICLE 12 PROBATION, DISCIPLINE AND EMPLOYEE FILES 12.01 Probation - Probationary Period The probationary period shall be the lesser of six (6) calendar months or four hundred and eighty (480) working hours from the date of hire. For the purpose of this Clause, time off with pay approved by the Employer shall be considered as time worked. Discipline 12.02 Notification • (a) The Employer has the right to discipline and discharge employees for just cause. Where the Employer is considering taking any form of written disciplinary action against an employee, the Employer shall conduct its investigation in an expeditious manner and shall notify the employee of any disciplinary action within ten (10) business days of the occurrence or discovery of the matter giving rise to the discipline. (b) Right to Representation Where an employee is required to attend a meeting with the Employer to be discharged, suspended or given a written warning, or to discuss a matter for which some level of written discipline is being considered, the Employer shall advise the employee that she has a right to be accompanied by a Shop Steward. The employee will be informed of the nature of the meeting in advance. It is the responsibility of the employee to acquire union representation. • (c) Justice and Dignity Where an employee is suspended as part of an ongoing investigation conducted by the Employer, the employee shall be compensated for -9time lost to a maximum of three (3) shifts. The Employer shall take all reasonable efforts to conclude the investigation within a one (1) week period. In the event that the Employer is unable to complete its investigation within the above time frame, the Union and the Employer shall meet to discuss amending the investigation time line and awarding appropriate compensation to the suspended employee. * (d) Unjust Suspension or Discharge Should it be found upon investigation that an employee has been unjustly suspended or discharged, the employee shall be immediately reinstated in his/her former position, without loss of seniority and shall be compensated for all time lost in an amount equal to his/her normal earnings during the pay period next preceding such discharge or suspension, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties or in the opinion of a Board of Arbitration if the matter is referred to such a Board. 12.03 Employee Files There shall be only one (1) employee file, and the employees shall have access to review his or her file, provided reasonable notice is given, and Management is present. This right will not be exercised more often than once every three (3) months. 12.04 * A written warning or other disciplinary record shall not be considered in subsequent disciplinary action if the relevant period of time has expired without a violation or infraction being committed that warrants disciplinary action. The above noted period of time for verbal discipline shall be twelve (12) months and for written discipline shall be eighteen (18) months. 12.05 * Criminal Liability: Indemnity for Legal Fees The Employer shall defend, negotiate or settle civil and/or criminal claims, suits or prosecutions arising out of acts performed by an employee in the course of his/her duties, provided that the Employer is satisfied that the employee performed duties as required by the Employer. No compensation shall be paid for legal counsel not pre-approved by the Employer. -10ARTICLE 13 SENIORITY 13.01 Seniority Defined 13.02 • (a) Subject to Clause 13.04, seniority for all employees shall be determined by the employee's total hours worked with the company. (b) The parties agree that regardless of the actual number of hours worked in any calendar year, the maximum number of seniority hours credited to an employee will be two thousand and eighty (2080) hours per calendar year. (c) Seniority shall operate on a bargaining unit wide basis. Seniority List The Employer shall maintain a seniority list for all employees. An up-to-date seniority list shall be sent to the Union and posted in January and July of each year. The seniority list for all employees shall show, subject to Clause 13.04, the last date of hire and the hours of service for each employee by classification and home office location. The "cut off date" for the January list will be the end date for the final payroll in December of the previous year and the July list cut off date will be the final pay period of June. Probation for Newly Hired Employees 13.03 After the completion of the probationary period as specified in Article 12, employees shall be credited with seniority for all paid hours accumulated during the probationary period, and seniority shall be effective from the original date of hire with the Employer. Loss of Seniority 13.04 An employee shall lose all seniority and service and her employment will be deemed to be terminated if she: • (a) is discharged for just cause and is not reinstated by an Arbitrator or under the Grievance Procedure; (b) resigns; (c) is absent from work in excess of three (3) working days without notifying the Employer of such absence and without providing a satisfactory reason(s) to the Employer; (d) fails to return from layoff within seven (7) calendar days of being notified by registered, certified or hand delivered mail, except when such failure is caused by sickness verified by a medical certificate or -11by just cause. It shall be the responsibility of the employee to keep the Employer informed, in writing, of his/her current address and telephone number; • 13.05 • (e) is laid off for a period longer than twenty four (24) months. (f) The Employer has attempted to contact the employee for recall from layoff and the employee has not responded to the Employerwithin five (5) days without providing satisfactory reasons to the Employer. (g) Makes any arrangement with a CareGivers client to provide services outside their scheduled work with the client or outside the Employer's contractual arrangement with the client. (a) Transfers and Seniority Outside Bargaining Unit No employee shall be transferred to a position outside the bargaining unit without her consent. • (b) Leave for Work Outside the Bargaining Unit Effective April 1, 2010, the Employer may, at its sole discretion, offer temporary employment outside the bargaining unit to members of the bargaining unit. Such employees shall be entitled to a maximum of twelve (12) months unpaid leave for the purposes of accepting work outside the bargaining unit as offered by the Employer. (i) An employee who takes leave to accept work outside the bargaining unit shall not be subject to any benefits of this agreement during this period, save and except seniority. Seniority shall accrue at a rate equivalent to the period of time on leave. For example, if the employee is on leave for six (6) months, s/he shall accrue the equivalent of six (6) month's seniority. (ii) Employees may return to their regular bargaining unit position subject to giving the Employer two (2) week's notice, in writing. (iii) Employees shall continue to pay dues. (iv) Employees shall not have access to the grievance procedure. ARTICLE 14 STAFFING AND SCHEDULING 14.01 Hours of Work (a) Recognizing the particular and unique needs of clients of the -12Caregivers Inc. and that the very nature of this work dictates that such services cannot always be predicted in advance, the parties, therefore, agree that the work schedules for employees may be arranged on a flexible basis in the interest of client care and/or efficiency of the Employer's operation. * (b) The parties acknowledge that client needs and/or preferences may impact staffing actions. * (c) Priority Call-In List In situations where the compatibility between the client and the employee is brought into question, the Employer agrees to meet with the employee and the Union to discuss resolution of the root cause of the incompatibility or the availability of alternate work. The Employer shall endeavour to provide the employee with similar work and the employee shall accept such work when offered. In the event that alternate work is not immediately available, the employee shall be placed, relative to seniority, within the Priority CallIn List. (d) Employees who wish to be considered for reassignment may make such a request, in writing, to the Employer. 14.02 * (a) The parties recognize that job security should increase with an employee's length of service. In keeping with this principle, and provided that the employee is qualified, able to meet client needs and is readily available CareGivers will schedule employees on a seniority basis to a maximum of eighty (80) hours bi-weekly, save and except those employees who fall under Clause 15:01 (b). * (b) Employees who are scheduled to work less than eighty (80) hours in a bi-weekly pay period, and who wish to be considered for additional hours, must advise the Employer, in writing, of their availability. The Employer is not obligated to offer additional or alternate hours to employees who do not clearly state in writing their availability for such hours, save and except those employees who fall under Clause 15:01 (b ). 14.03 Where scheduling contingencies make it practical, the Employer shall endeavor to schedule weekend, evening and night assignments on a rotational basis. 14.04 * An employee is not obligated to accept a shift that is less than three (3) hours in duration with the exception of staff meetings, attendance at investigations and training. -1314.05 It is the responsibility of employees to ensure the Employer is notified in writing oftheir current mailing address, telephone number(s), and applicable banking information. 14.06 (a) Employees who wish to regularly work less than 40 hours per week shall so request to the employer in writing using the appropriate form. Where the employer grants such a request, the employee will not be considered for any additional hours beyond those requested. • (b) Employees who are attending an approved program of study at a recognized educational institution may limit their availability so as to exclude time that are required to attend class. Confirmation of school schedules shall be required. • (c) Employees who are scheduled for less than forty (40) hours per week, or a lesser number as determined by Article 14.06 (a), shall accept additional shifts as assigned to them up to the employee's specified maximum. (d) An employee will not be scheduled to work more than six (6) consecutive days without days off except by mutual agreement of the employee and Employer. • (e) Employees may be permitted to change shifts with another employee provided the request is made in advance and approved in writing by their immediate supervisor or scheduling coordinator. Requests for shift switches must be made in the pay period in which they occur and shifts may only be changed for another shift in the same pay period. Employees shall not be paid overtime for any hours worked as a result of an unapproved schedule change. • (f) The Employer shall schedule at least eight (8) hours between shifts for employees unless the employee and the Employer mutually agree otherwise. (g) Subject to the other provisions of this Article, the Employer shall make a reasonable effort to schedule work on an equitable basis so as to maximize their hours of work. The Employer shall also make a reasonable effort to schedule work so as to provide consecutive hours where possible. (h) If an employee reports for a scheduled shift and the shift is subsequently cancelled, the employee shall be paid for the scheduled hours. (i) If an employee is scheduled for specific training in the client's home these scheduled hours will be considered to be hours worked. • -14- * 14.07 * Each employee shall advise the Employer, in writing, of the geographical area in which s/he is prepared to work. Employees may change the geographic area by providing written notice to the Employer no less than three (3) weeks prior to the requested date of change. Call-In Priority Shift Lists and Overtime Lists (a) The Employer shall maintain a list of employees for call-in and overtime shifts. All employees shall be included on the call-in and overtime lists, save and except those YCW3 and YCW4 and Home Supervisor employees who have opted out. (b) Opt outs, as noted in 14.07 (a), shall be provided to the Employer in writing. Opt out notifications shall only be accepted by the Employer on a quarterly basis. For greater certainty, YCW3, YCW4 and Home Supervisor opt outs will be processed on January 1, April 1 , July 1 and October 1, of any calendar year. (c) If an employee refuses any three (3) call-in shifts in a six (6) month period without cause, the employee shall be dropped to the bottom of the seniority list (in accordance with Article 13.04). ARTICLE 15 OVERTIME 15.01 * 15.02 (a) All time worked by an employee in excess of forty (40) hours in a week or thirteen (13) hours in a day shall be considered overtime. All overtime is subject to the prior approval of the Employer. Subject to mutual consent, an employee can elect in writing to calculate their overtime on a bi-weekly basis. In such cases, all time worked by an employee in excess of eighty (80) hours bi-weekly shall be considered overtime. (b) All time worked by an employee (working a twelve (12) hour shift rotation in excess of eighty-four (84) hours bi-weekly shall be considered overtime. All overtime is subject to the prior approval of the Employer. (c) In the ev.ent that an employee's shift is extended beyond twelve (12) hours, the Employer will provide the appropriate meals, where reasonable. (a) All overtime hours worked shall be compensated at the rate of one and one half of the employees regular rate of pay for that position. (b) In lieu of payment for overtime, employees may choose to receive time off with pay to be taken at a date mutually agreed between the -15employee and the Employer. The employee's request to receive time off rather than payment must be included with the employee's time sheets for the week in which the overtime was worked. Such "banked" overtime shall be recorded at the rate established in accordance with clause 15.02 (a). 15.03 * The Employer shall take reasonable efforts to distribute scheduled overtime on an equitable basis among readily available employees within the various classifications (subject to Clause 22:05 - Priority Call-In List). 15.04 Double Shift An employee shall not be required to work a double (2) shift without his/her consent except under emergency circumstances. 15.05 * Overtime Lists If an employee who has elected to be on the "Overtime" call list is contacted for a shift but refuses, that employee shall be placed on the bottom of the overtime call list. ARTICLE 16 HOLIDAYS 16.01 * Holidays The following are recognized as statutory holidays: New Year's Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Remembrance Day Christmas Day * 16.02 (NOTE: It is understood that an employee who is on approved leave satisfies the requirements of Clause 16.02(2).) Holiday Pay 1. Employees who work on a statutory holiday will receive payment at double (2) time rates for all hours worked. 2. Employees who do not work on the statutory holiday will be paid as follows: -16Provided that an employee has been employed for at least thirty (30) days prior to the statutory holiday and has worked his/her scheduled shift prior to and after the statutory holiday, the employee shall be compensated for the statutory holiday on a pro rata basis in accordance with the average number of hours worked in a day for the twenty one days period immediately prior to the statutory holiday. Christmas and New Year's 16.03 (a) The Employer agrees that whenever possible, an employee scheduled to work on Christmas Day shall not be scheduled to work on New Year's Day, and an employee scheduled to work on New Year's Day shall not be scheduled to work on Christmas Day unless otherwise mutually agreed between the employee and the Employer. (b) The Employer agrees that whenever possible, employees who work Christmas of one year shall have Christmas off the following year, and employees who work New Year's of one year shall have New Year's off the following year unless otherwise mutually agreed between the employee and her immediate supervisor. (c) An employee may request to not be scheduled one of either Christmas Day or the corresponding New Year's Day. The Employer shall make best efforts to accommodate such a request. ARTICLE 17 GENERAL LEAVE 17.01 • (a) Employees shall be provided with paid leave that shall be used for the purposes of vacation, sick, family, bereavement or personal leave. Once an employee has exhausted their paid general leave, they may be entitled to unpaid leave at the discretion of the Employer. Employees who fail to accept work for reasons of illness or cancel a scheduled shift because they are sick are required to use any general leave that is available to him/her at that time. • (b) Employees shall be entitled to paid leave, in accordance with their hours of work as follows: Greater than 480 hours. but less than five (5) continuous calendar years of service 6% of wages paid Five (5) or more continuous calendar years of service 8% of wages paid Probationary employees shall only be entitled to 4% vacation pay, paid out during each bi-weekly pay period. -17- * (c) General leave shall be banked as accrued wages and actual leave time shall be calculated as follows: Bank + Current Wage = Available Leave Hours Where "Bank: is the amount accrued by the employee under 17.01 (b) and Current Wage is the employee's current wage rate at the time when leave is requested. * (d) Employees shall be permitted to carry forward a maximum amount of General Leave equivalent to sixty (60) hours over a Calendar year. * (e) For the purposes of General Leave, a calendar year shall be considered to be February 1 - January 31. 17:02 * Requests for use of general leave for purposes other than sick, family, or bereavement leave, shall be made a minimum of four (4) weeks prior to the requested date. Requests for general leave made less than four (4) weeks in advance shall be at the sole discretion of the Employer. 17:03 * (a) Employees who wish to use their general leave for the purposes of sick leave or family leave shall provide the Employer with twenty-four hours notice where possible. The Employer may require a note from a qualified medical practitioner for any period of sick leave in excess of two (2) consecutive days or where the Employer has reasonable grounds to question the validity ofthe employee's claim for sick leave. * (b) an employees shall be granted general paid leave for family purposes to: (i) attend to the temporary care of a sick family member living in the same household; (ii) attend meetings with dependent child; (iii) attend to the needs related to home or family emergency; or (iv) accompany a dependent family member living in the same household on a dental Of medical appointment. school authorities concerning a Employees shall provide written verification of the above where so requested by the Employer. * (c) Sick leave benefits are not payable for any reason other than personal illness. -1817.04 * General Leave benefits are not payable for any reason other than leave. (NOTE: Upon termination of employment, any leave balance shall be paid out to the employee. It is understood that employees who are unable to obtain approval for paid leave and would otherwise lose accumulated paid leave shall be paid out at the end of the vacation year.) ARTICLE 18 SICK LEAVE 18.01 * Unpaid Sick/Family Leave (a) Once General Leave has been exhausted, an employee may request up to seven (7) days of unpaid leave for the purposes of unpaid sick leave or unpaid family leave. (b) The Employer may require a note from a qualified medical practitioner for any period of unpaid sick leave in excess of two (2) consecutive days or where the Employer has reasonable grounds to question the validity of the employee's claim for sick leave. (c) Subject to Clause 18.01 (d), an employee shall be granted unpaid family leave to: (i) (ii) (iii) (iv) (d) In order to qualify for family leave, the employee shall: (i) (ii) (iii) (iv) 18.02 (a) Attend to the temporary care of a sick family member living in the same household; Attend meetings with school authorities concerning a dependent child; Attend to the needs related to home or family emergency; or Accompany a dependent family member living in the same household on a dental or medical appointment. Provide as much notice to the Employer as reasonably possible; Provide to the Employer valid reason why such leave is required; and Where appropriate, and in particular with respect to (ii) and (iv) of 18.01 (c), have endeavoured to a reasonable extent to schedule such events during off duty hours. The employee may be required to provide verification of circumstances resulting in request for family leave. The Employer may require a note from a qualified medical practitioner for any period of sick leave. -19- 18.03 * (b) Employees who fail to accept work for reasons of illness or cancel a scheduled shift because they are sick are required to use any sick leave that is available to him/her at that time. (c) The Employer may require a written statement outlining the nature of any request for family responsibility leave. Notification Employees must inform the Employer as soon as possible of their intention to request unpaid sick leave or unpaid family responsibility leave, and must contact the Employer prior to their anticipated return to work. 18.04 * Injurv on Duty An employee who is injured at work in the performance of their duties as an employee and is either required to leave for medical treatment or is sent home because of such injury shall receive payment for the remainder of their scheduled shift on that day. ARTICLE 19 LEAVE - OTHER 19.01 Leave for Negotiations Where operational requirements permit, and provided at leastfourteen (14) days written notice has been provided to the Employer in advance, leave without pay and without loss of seniority shall be granted to up to three (3) employees who are members of the Union's Negotiating Committee while attending negotiations with the Employer. This leave should be contingent on operational requirements. 19.02 * Leave Without Pay for Union Business (a) Where operational requirements permit, and provided at leastfourteen (14) days written notice has been provided to the Employer in advance, the Employer may grant leave of absence without pay and without loss of seniority for a period of one (1) year for an employee selected for a full time position with the Union. The period of leave of absence may be renewed upon request. Employees will not accrue any service or benefits, except seniority during such an absence. (b) Where operational requirements permit, and on reasonable notice, the Employer may grant leave of absence without pay and without loss of seniority to employees to attend union workshops, conferences or other union business. -2019.03 • Bereavement Leave (a) Immediate Family An employee who has been employed with Caregivers for a continuous period of at least thirty (30) days shall be given three (3) days Bereavement Leave consisting of three (3) days unpaid leave. Bereavement Leave must be provided immediately following the death of the spouse, a child, a grandchild, the mother or father, a brother or sister, a grandparent or a mother-in-law, father-in-law, sister-in-law, or brother-in-law, son-in-law or daughter-in-law, of the employee. If the employee has been employed for less than thirty (30) days, then the employee is entitled to two (2) days of unpaid leave for similar bereavement. (b) Leave to Attend Funeral Employees are entitled to bereavement leave without pay to attend the funeral of the employee's aunt, uncle, niece or nephew. (c) 19.04 • Employees shall, upon request, provide the Employer with written proof of death in a form acceptable to the Employer. Maternity Leave and Parental Leave (a) Maternity and Parental Leave will be granted in accordance with the Labour Standards Act unless otherwise amended herein. (b) An employee who is pregnant shall be entitled, upon application, to maternity leave without pay to commence not earlier than seventeen (17) weeks prior to the expected date of birth. The employee shall give the Employer at least two (2) weeks notice of the date the leave is to begin and shall provide a medical certificate from a medical practitioner stating the estimated date of birth. (c) An employee who is the parent of a child shall be entitled, upon application, to parental leave without pay to commence no more than thirty-five (35) weeks after the day the child is born or comes into the care and custody of the parent for the first time. The employee shall give the Employer at least two (2) weeks notice of the date the leave is to begin. (d) The maximum leave allowed under this clause shall be seventeen (17) weeks for maternity leave and thirty-five (35) weeks for parental leave for a combined maximum of fifty-two (52) weeks in total. -21- 19.05 • (e) The employee shall give at least four (4) weeks notice of his or her intention to return to work and, in the case of maternity leave, shall provide a satisfactory certificate of fitness from a medical practitioner. (f) Upon return from maternity or parental leave, the employee shall resume her former duties at her former position but not necessarily the same case, subject to the availability of work. (g) Subject to Clause 19.02, an employee who, before commencing maternity leave, becomes ill as a result of or relating to her pregnancy shall be entitled to sick leave upon production of medical certification satisfactory to the Employer. (h) While on maternity or parental leave, employees shall not earn any benefits of this Agreement, except seniority. Seniority will be based on the average of the previous work year. (i) An employee on maternity or parental leave shall be considered for any vacancies for which s/he has applied in accordance with the provisions of Article 14. If the employee is successful, his/her trail period shall start upon his/her return to work. Adoption Leave (a) In accordance with the Labour Standards Act, an employee who legally adopts a child shall, subject to the approval of the Employer, be granted special leave without pay for a maximum of fifty-two (52) calendar weeks. Where possible, the employee shall give the Employer at least two (2) weeks notice of the date the leave is to begin and shall provide proof of adoption. (b) The employee shall give at least four (4) weeks notice of her intention to return to work from adoption leave. (c) Upon return from adoption leave, the employee shall resume her former duties at her former position, subject to the availability of work, with no loss of seniority. (d) While on adoption leave, employees shall not earn any benefits ofthis Agreement, except seniority. Seniority will be based on the average of the previous work year. (e) An employee on maternity or parental leave shall be considered for any vacancies for which s/he has applied in accordance with the provisions of Article 14. If the employee is successful, his/her trial period shall start upon his/her return to work. -2219.06 * Paid Jurv. Court Witness or Jury Selection Leave The Employer shall grant leave of absence without loss of pay, seniority, or accumulative benefits to an employee who is summoned for jury service, or serves as a juror, or who is subpoenaed to attend upon a court as a witness in a court proceeding. The employee will present proof of such attendance. 19.07 * Common Leave With the approval of the Employer, an employee may be granted leave of absence without pay and without loss of seniority in exceptional circumstances. 19.08 * 19.09 * Education Leave (a) An employee who is upgrading her employment qualifications through an Employer approved course shall be entitled to leave of absence without pay to write examinations required by such course. The employee is required to provide fourteen (14) days written notice of the date and time of such exam. (b) Employees may avail of Employer approved education leave without loss of seniority but without accumulation while on educational leave. Extended Unpaid Leave Upon written request, an employee who has completed two (2) years of service shall be granted leave to a maximum of twelve (12) months without payor seniority and without loss of accumulated seniority and benefits provided that such leave shall not cause an unreasonable interference with the Employer's operation. An employee shall be entitled up to a maximum of twelve (12) months unpaid leave for each two (2) years of service with the understanding that no employee can have more than twelve (12) consecutive months of unpaid leave at anyone time. Employees shall not be subject to any benefits of this Agreement during this period. The minimum amount of unpaid leave an employee may request under this Clause is sixteen (16) weeks. ARTICLE 20 - PAYMENT OF WAGES AND ALLOWANCES 20.01 Classifications and Wages (a) Employees shall be paid wages as set out in Schedule A Classifications and Wages. (b) The Employer shall develop and maintain job descriptions for each bargaining unit position. Copies ofthese job descriptions will be made -23available to the employees and the Union within three (3) months of the signing of this agreement. 20.02 * Verification of Work and Payday (a) Telephony logs and/or time sheets are required to verify work performed. Employees are responsible for the accurate completion of time sheets and telephony records. Telephony records and time sheets shall only be completed by the individual employee and no employee shall access the telephony records or time sheets of another employee. (b) Time sheets shall only be completed for the particular shift worked by the employee and will not be signed in advance by the client. (c) Telephony Abuse No employee shall perform any telephony function on behalf of another employee. Any employee found to be using or modifying the telephony account of another employee shall be subject to discipline up to and including termination of employment. 20.03 * 20.04 * Pay Day (a) Employees shall receive their pay bi-weekly. Overtime pay shall be included in the regular pay for the pay period next succeeding the pay period during which overtime was earned. On each pay day, each employee shall be provided with an itemized statement of her wages, overtime, accrued leave and all payroll deductions. Employees are responsible to review their pay records and report any discrepancies to the Employer within thirty (30) days of receipt of payroll statement. (b) Pay day is every second Friday. The Employer will make every reasonable effort to ensure that direct deposit are made every second Thursday, provided that the employee has submitted his/her time sheets within the prescribed time frame. (c) Employees must provide signed timecards to their home office by clearly posted payroll cutoff dates. Employees who do not provide signed verification for shifts worked will not be paid for these shifts. If an employee fails to provide signed timesheets within the prescribed time period, the employer is not obliged to issue a separate payroll cheque and the timecard will be processed with the next regular payroll. Canada Savings Bonds The Employer will allow payroll deductions for Canada Savings Bonds. -24Arrangements for deductions must be made on an annual basis (Le. October of each year). ARTICLE 21 STRIKES AND LOCKOUTS 21 :01 The Union agrees that during the life of this Agreement, there shall be no strikes, suspensions or slowdown of work, picketing by members of the Union on the premises of the Employer or any other interference with the Employer's business. The Employer agrees that there shall be no lockout during the term of this Agreement. ARTICLE 22 TERMINATION AND LAYOFF 22 .01 * The Employer shall process the Record of Employment within five (5) business days. 22 .02 The Employer agrees to make every reasonable effort to replace hours lost by an employee in accordance with Article 14. 22.03 * Recognizing the unpredictable nature of the Employer's operations, in the case of layoffs due to shortage of work, the Employer shall provide two (2) weeks notice where possible. 22.04 * No New Employees No new employees shall be hired until employees who are on layoff status or under the notice of layoff are recalled and all employees are offered their maximum available hours. 22.05 * Priority Call-In List In the event that an employee is displaced from work due to a client's incompatibility, hospitalization, death, incarceration, or other event beyond the control of the employee and/or the Employer, the employee shall be placed, relative to seniority, within the priority Call-In List. The employee shall remain on the priority Call-In List until they are scheduled for a reasonable number of hours to replace those lost due to the above event(s). ARTICLE 23 HEALTH AND SAFETY 23.01 Workers' Compensation (a) Eligible employees, as defined by the legislation, shall be covered by the Workers' Compensation Act. Employees must report all injuries in accordance with the Act. -25- * 23.02 (b) The Employer and the Union shall make every reasonable effort to have an employee who is on Workers' Compensation return to her former duties, and if the Workers' Compensation Commission determines that the employee cannot perform her former duties, to another work assignment within the bargaining unit. (c) (i) Employees in receipt of Workers' Compensation benefits who are working shall not earn benefits of this Agreement except they will not lose any accumulated seniority. (ii) Employees who are on modified duties or Easeback, shall earn the benefits of their Agreement, including seniority, based on the number of hours worked. Safety Eguipment If the employer requires that safety equipment or supplies be used for the purpose of providing client service, the employer will arrange for these items to be provided . 23:03 * The Employer shall cover the enrollment fee of required First Aid renewals for employees with more than two (2) years of service. 23 :04 * Vaccinations The Employer shall pay the cost of any required post hire vaccinations for employees with more than one (1) year of service. 23.05 * Communicable Diseases The Employer agrees to provide staff with the available case history related to communicable diseases. 23.06 * Staffing Ratios Where the Employer determines that a particular individual receiving care poses a significant risk to employees, the Employer shall develop appropriate controls to minimize the risk associated. Where appropriate, such controls shall be developed in consultation with relevant members of the Bargaining Unit and the client. 23:07 * Clothing/Supplies Any specialized uniform clothing and/or supplies required by the Employer shall be provided by the Employer. -26ARTICLE 24 DEPARTMENT OF HEALTH OPERATING STANDARDS 24.01 Employees are required, through the Operating Standards from the Department of Health governing home support, to provide certain documentation including medical record of good health, evidence of specific training and a clear record of conduct. Acquiring and maintaining such documentation is the responsibility of the employee. ARTICLE 25 DURATION OF AGREEMENT 25.01 * (a) (b) 25.02 (i) This agreement shall be in full force and effect from the date of ratification/signing to June 30, 2014. (ii) Wage package, as per Schedule A, as amended, will take effect July 1,2010. All other changes are effective on the date of ratification/signing unless otherwise specifically stated. This Agreement shall remain in force for the period specified in Clause 25.01 (a) above and shall be automatically renewed unless either party notifies the other party in writing of its termination or proposed revision, addition or deletion of any of its provisions. Such notification will be made not more than ninety (90) days and not less than fifteen (15) days prior to the termination date of this Agreement. Any provision in this Agreement, other than the duration of Agreement, may be amended in writing by mutual consent and such amendment(s) shall form part of this Agreement. -27- SCHEDULE A CLASSIFICATION AND WAGES Current July 1, 2010 July 1, 2011 July 1, 2012 July 1, 2013 11.00 11 .75 12.25 12.75 13.25 Current 7.5% July 1, 2010 3.5% July 1, 2011 4% July 1, 2012 4% July 1, 2013 Youth Care WorkerProbationary 10.80 11 .61 12.02 12.50 13.00 Youth Care Worker 1 11.66 12.53 12.97 13.49 14.03 Youth Care Worker 2 12.24 13.16 13.62 14.16 14.73 Youth Care Worker 3 12.85 13.81 14.30 14.87 15.46 Youth Care Worker 4 13.49 14.50 15.01 15.61 16.23 Behavioural Aides Probationary 10.80 11 .61 12.02 12.50 13.00 Behavioural Aides 1 11.66 12.53 12.97 13.49 14.03 Behavioural Aides 2 12.24 13.16 13.62 14.16 14.73 Home Health Care Aide Probationary 14.28 15.35 15.89 16.52 17.18 Home Health Care Aide 15.09 16.22 16.79 17.46 18.16 Home Supervisors 1 14.42 15.50 16.04 16.69 17.35 Home Supervisors 2 15.11 16.24 16.81 17.48 18.18 Home Support Workers Classification -28- CLASSIFICATION PROGRESSION TABLE Classification Requirements Hours Youth Care Worker (YCW) Probationary YCW 1 Pre-Employment Screening o to 480 Successful completion of probationary period YCW 1 + CARE Traininq YCW 2 YCW 3 + TCl Training Minimum 1 year of service + CARE Training + TCl Training + Successful Job Application HS1 Pre-Employment Screening 481 to 2184 Successful completion of Probationary Period BA 1 Pre-Employment Screening 481 to 2184 Successful completion of Probationary Period 481+ YCW 2 YCW 3 YCW4 Home Supervisor 1 Home Supervisor 2 Behavioural Aide Probationary BA 1 BA 2 Home Health Care Aide Probationary Home Health Care Aide 2185 to 4368 4369 to 6552 6553+ 2185 to 10,920 10920+ o to 480 2185+ o to 480 -29- May 2,2010 Trudi Brake Employee Relations Officer NAPE 330 Portugal Cove Place St. John's NL MEMORANDUM OF UNDERSTANDING #1 RESEARCH & REVIEW OF MEDICAL INSURANCE PLAN Dear Ms. Brake: This letter confirms a formal understanding between CareGivers Inc. and the Newfoundland and Labrador Association of Public and Private Employees (NAPE) to review the possibility of obtaining medical insurance for members of the bargaining unit. Both CareGivers and NAPE shall meet to review the availability of such coverage within the next six months. Trusting the above to be satisfactory. nne Whelan Executive Director ;;"'7 IN WITNESS WHEREOF the parties hereto have executed this Agreement this /-6'7"1 day of 2010. SIGNED ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES: I ~-r~.~ Witness ~- ~----~~ ~\'lVla. 1f\\C b"C·,-+k ~~a;::7 y~ .:ILL SIGN7gHA~F OF THE CAREGIVERS I_N~CO,=·: A'~~c~~:::::::.L.:........:::==-_._ Wit~ss ;/ j ,;i
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