Memorandum of Agreement Summary for Signed April 29,16

ARTICLE CHANGE Appendix 3 - Public Health Nurse – Chedoke Site changed to Hamilton General Site Wage Grid Superior 15 (Note) 18.7 – Deleted – Now covered in article 15.08. Conditions A casual part-time nurse (Category “B”) who works on any of the eleven (11) recognized holidays listed in Appendix 5, Article H-1, will receive one and one- half (1 1/2) times her regular straight time hourly rate for all hours worked on such holiday.

11 (Note) 13.05(b) Paternity Leave – Deleted – Well covered in Central Language Article 11.08. Paternity leave of absence without pay will be granted for a period of two (2) weeks. A request for such leave shall be in writing and shall be replied to in writing. Article B - B-1 “Site” means the buildings, employees and activities located at either the Definitions General (which includes the West End Urgent Care Centre and Ron Joyce Children’s Health Centre) or the Juravinski Hospital and Cancer Centre, or the McMaster Hospital or the or the St. Peter’s Hospital or the West Lincoln Memorial Hospital.

B-3 For purposes of Article 14.10, at the General and Juravinski Hospital and Cancer Centre, St. Peter’s Hospital and West Lincoln Memorial Hospital sites the evening shift shall be defined as hours worked between 15:00 hours and 23:00 hours, the night shift shall be defined as hours worked between 23:00 hours and 07:00 hours. At the McMaster and Chedoke sites, the evening shift shall be defined as hours worked between 15:30 hours and 23:30 hours, the night shift shall be defined as hours worked between 23:30 and 07:30 hours. These hours are related to when shift premiums are paid.

B- 7(b) is available to work at least three (3) paid holidays in addition to the paid holidays included in (a) above, and Housekeeping Article D – D-4 In reference to Article 6.04(a), the union representatives on the Negotiating Representation Committee shall not exceed Ten (10) and shall be inclusive of the and Bargaining Unit President and the Grievance Chair. Committees D-6 In reference to Article 6.05 (b), there shall be two (2) union representatives for each Hospital site Joint Occupational Health & Safety Committee. When a regular member is unable to attend, a local site alternate will attend. Article F – Paid F- 4 In reference to Articles 15.04, 15.05 and 15.06, such day shall be taken Holidays within the period of one (1) month prior to or two (2) months after the date of the holiday. Notwithstanding the preceding, a nurse may accumulate up to three (3) such days at any one (1) time and will indicate in writing which day is to be accumulated. It is understood the nurse and the Hospital will attempt to mutually agree upon the scheduling of such a day. If the nurse and the Hospital are unable to agree upon the scheduling of such a day, the day will be scheduled by the Hospital.

The following applies to Full-time Nurses at the St. Peter’s site only:

Lieu days as provided for in Articles 15.04 (a), (b), and 15.05 shall be given within thirty (30) days of the day on which the holiday is observed. Lieu days will be scheduled where possible with regular days off. Up to three (3) lieu days per year may be scheduled at the request of the employee at mutually agreed times subject to reasonable notice being given and that such scheduling will not:

(a) create an overtime payment;

(b) be taken on an already designated statutory holiday or during the Christmas, New Year’s season.

F-5 Requests for lieu days will receive a decision within fifteen (15) business days of request.

F-6 (Article F-6 applies to part-time nurses only) In reference to Article 15.08, a paid holiday shall commence at 24:00 hours on the calendar day prior to the paid holiday and end at 24:00 hours on said paid holiday. Renumbering Article G - Vacations G-3 (g) Once vacation has been approved as per the collective agreement, it may not be converted to lieu time or statutory holidays for payroll purposes, save and except extenuating circumstances.

G-5 (a) If following a unit posting its vacation schedule on or before December 1st, a nurse wishes to reschedule vacation to remaining available date(s) as of the posting, the nurse shall make a request in writing to the Hospital to reschedule vacation to said available date(s). It is understood that the Hospital shall not unreasonably deny any request. Any disputes in scheduling requests which cannot be resolved between all parties, shall be decided upon the basis of the nurse who first made the request. Requests will receive a decision within fifteen (15) business days of submission.

G-5 (c) An employee can rescind his or her vacation, so long as the vacation has not been posted on the work schedule and an alternate request is provided by the employee and approved by the Manager at the time the nurse rescinds their vacation.

G-5 (d) Once schedules are posted, if an employee no longer desires their requested approved vacation, they may make themselves available to pick up tours. Such employees will be called after all Regular Part-time nurses have been offered their commitment provided said tour(s) does not incur a premium. Once the Regular Part-time nurse has committed to shifts above commitment, they cannot be cancelled to allow a nurse to pick up tours.

G-5 (e) All other requests for vacation, excluding the Annual Vacation Request process and the process outlined above will receive a decision within fifteen (15) business days of submission.

G-7 In order to allow effective planning employees are encouraged to book 100% of their annual vacations through the annual vacation booking process. Employees are required to request at least all but forty-five (45) hours of their annual vacation entitlement during the planning process. By November 1st of each calendar year, at the written request of a nurse, the nurse may carry forward, into the following vacation year, up to forty-five (45) hours of earned vacation. It is understood that surplus vacation in excess of the forty-five (45) hours of carry-over will be scheduled, to be taken by the nurse within the first 3 months of the following vacation year. Such nurse will submit in writing to the clinical manager the surplus vacation request by December 31st. Failure to provide such notice to the clinical manager may result in the surplus vacation being scheduled by the clinical manager in collaboration with the Nurse at a time conducive to the unit schedule and to support the provision of patient care.

G-8 (Article G-8 applies to all part-time nurses) at the General, Juravinski Hospital and Cancer Centre, McMaster, Chedoke and St. Peter’s sites.

With reference to Article 16.06, vacation pay shall be paid on the second pay in February of the current year. The Hospital will provide a nurse with an itemized statement of her/his vacation pay. Nurses on maternity and/or parental leave shall, on written request, be granted a deferral in the payment noted above until her/his return to work or such other earlier time which is mutually agreeable.

(a) Regular part-time vacation entitlement in time off shall be based on the following: 4%=2 weeks, 6%=3 weeks, 8% = 4 weeks, 10% = 5 weeks, 12% = 6 weeks, 14% = 7 weeks.

Appendix A APPENDIX “A” B E T W E E N: HAMILTON HEALTH SCIENCES (Hereinafter referred to as the “Hospital”) A N D: ONTARIO NURSES’ ASSOCIATION (Hereinafter referred to as the “Union”) Re: Annual Vacation Request Process – ONA Represented Staff – Unit: The following vacation request process is for the YEAR Calendar Year. Vacation requests will be reviewed and granted in accordance with Article G of the ONA Local 70 Collective Agreement. 1. Requests must be received in writing by November 1st, YEAR. The unit vacation schedule will be posted by December 1st, YEAR. 2. Please request your preferences up to your full vacation entitlement for the complete year at this time in order to ensure your requests are considered prior to the posting of the unit vacation schedule. 3. Once the unit vacation schedule is posted on or before December 1st, additional requests of vacation will be considered in order of the requests received. 4. Insert unit definition of a week. 5. We will endeavour to ensure that staff requesting vacation during the prime time schedule (June 15, YEAR – September 15, YEAR) will receive at least 2 weeks of vacation. 6. Vacation Quotas as indicated below: (unit specific quotas – add additional dates as needed). (dd/mm/yyyy) dd/mm/yyyy full-time and regular part-time dd/mm/yyyy - dd/mm/yyyy full-time and regular part-time Please be advised that vacation quotas are subject to change based on patient care requirements. 7. A nurse who works extended tours is encouraged to submit his/her request(s) in writing for additional shifts (pick up shifts), omission shifts (drop days), and H-days by November 1st YEAR. The Hospital will endeavour to honor the nurses preference(s). 8. Vacation requests shall be considered and approved in advance of requests for pick up shifts, drop days, and H-Days, as referenced H-3 (g) and H-5 (i). Article H - Preamble Scheduling Unless otherwise noted, Article H – Scheduling shall apply to nurses at the General, Juravinski Hospital and Cancer Centre, McMaster and Chedoke sites only all sites.

H- 2 (c) A work schedule may be discontinued on a unit when;

i) sixty-six and two thirds (66 2/3%) of the full-time and regular part-time nurses on such unit so indicate by secret ballot, or

ii) the Hospital because of,

• adverse effects on patient care, • inability to provide a workable staffing schedule, or • where the Hospital wishes to do so for other reasons which are neither unreasonable or arbitrary states its intention to discontinue the work schedule on such unit. Housekeeping

H-4 Extended Tour (10 hour)

(f) A nurse shall not be required to work consecutive tours totalling more than thirty-seven (37) hours and thirty (30) minutes without written mutual consent. If a nurse is required to work consecutive tours totalling more than thirty-seven (37) hours and thirty (30) minutes without aforesaid consent, she shall be paid premium pay in accordance with Article 14.03 for every consecutive hour worked in excess of thirty-seven (37) hours and thirty (30) minutes. It is understood that any hours paid under Article 14.03 will be excluded in the calculation of the thirty-seven (37) hours and thirty (30) minutes.

Following a change of shifts from night shifts, a period of at least forty-eight (48) consecutive hours shall be scheduled off. If the Hospital fails to schedule a nurse to such, the nurse shall be paid premium payment in accordance with Article 14.03 for the following tour of duty worked. By mutual consent between a nurse and the Hospital, a shorter period of time may be scheduled by the Hospital and no premium payment shall be paid.

Housekeeping

H-7 Overtime

When full shifts, on a Unit, that incur overtime payment are offered, the shift will be offered within that unit, by seniority to the nurse that will incur the least subsequent premium starting first with full-time nurses on a rotating basis, then to regular part-time nurses on a rotating basis and then to casual part-time nurses on a rotating basis.

H-8 In accordance with Article 10.07 (d) full-time nurses will be considered for temporary full-time vacancies on the same basis as regular part- time nurses.

Renumber existing articles.

H-10 Standby

In reference to Article 14.07 in a unit where standby duty is scheduled, the Hospital will;

(a) Endeavour to equitably distribute standby duty amongst the nurses.

(b) Post standby duty on the posted work schedule, referred to in Articles 14.12 (a) and (b), six (6) weeks in advance.

(c) Unless mutually agreed between a nurse and the Hospital, a nurse shall not be scheduled to standby duty on days upon which a nurse is scheduled to be off work except in the OR/PACU/Apheresis/ Radiology/Oncology Day Services. When a nurse is scheduled for standby on a weekend off and is called into work, she/he is considered to be working the weekend.

(d) Provide in writing, at least forty-five (45) calendar days prior to the introduction of standby duty into a unit notification to the Union. Following the notice, at the Union’s request, the Hospital will meet to discuss the introduction of standby duty into the unit.

(e) Where such nurse has been called in from standby, such Nurse shall be required to report to the respective site within thirty (30) minutes of receipt of call.

(f) Where such nurse has been called in from standby and worked the hours after 24:00 hours, such nurse will be allowed leave without loss of earnings until she/he has eight (8) hours off work.

Article H-13 - Scheduling (Covers Article H-11, H-12 and the LOU’s related to St. Peter’s)

This article applies only to the St. Peter’s site.

The hours of work as provided for in Article 13 shall be worked in accordance with tour schedules as determined by the Hospital.

(a) An employee's scheduled weekend will not be cancelled by the Employer unless mutually agreed between the Employer and the employee, to avoid premium payment in accordance with Article 14.03.

(b) The day shift shall be the first shift of the day.

(c) Nurses who have accumulated banked overtime hours shall, subject to available coverage, take time off equivalent to the applicable premium hours within ninety (90) days of such hours being worked. Any balance remaining as of March 31 of the fiscal year in which the hours were accumulated, except for up to seventy five (75) banked overtime hours accumulated between January 1 and March 31 of that fiscal year, shall be paid out at the applicable premium rate.

(d) The Hospital will schedule all grandfathered Regular Part-time nurses to work on a regular predetermined basis.

(e) The Hospital will grandparent all existing Regular Part-time nurses in their current full-time equivalent positions.

(f) Any Regular Part-Time vacancies will be posted in accordance with Article B-7 and casuals in accordance with Article B-8. Shifts shall be assigned to incumbents to these positions in accordance with Article H-6.

(g) For clarity, on a unit, additional shifts will be assigned first to Beck Regular Part-time nurses up to their commitment, and then to all Regular Part-Time combined based on availability and in combined seniority order within the unit, in accordance with H-6 (b).

(h) Nurses grandparented as per (e) and (f) above shall be permitted, upon request to move into the Beck scheduling language, as referred to above, once per calendar year, thereby vacating their grandparented position permanently.

There is a new unpublished Memorandum of Agreement related to the Nursing Resource Team at St. Peters. Article J – Article J – Modified Work, Article L – Violence in the Workplace, Article M – Modified Work Needlestick and Sharps Injuries and Muskuloskeletal Injury Prevention and Control will become the new Article J – Health and Safety

ARTICLE J – HEALTH AND SAFETY WORK ACCOMMODATION

J-1 The Hospital, by the fifteenth (15th) of each calendar month, will notify the President of the Union, in writing, of the names of those nurses who due to a work related injury have lost time from work since the previous said notification, and of the names of those nurses who have gone on long term disability.

J-2 The Hospital, andthe Union, and the Nurse (Return to Work Committee) both recognize their obligations in facilitating early and safe return to work of disabled employees. The Hospital and the Union parties agree that ongoing and timely communication by all participants in this process is essential to the success of the process. a) Return to work committees (RWC), presently established and constituted, including a representative of the Union will continue. The committee will meet at least once per month. The Union member will suffer no loss of regular earnings for attendance at such meetings. If the Union member is required to attend on their day off they will receive pay at straight time or time in lieu where possible for hours spent in return to work meetings. Such hours are invisible for the purpose of determining premium.

The Hospital will provide an updated list of information to the RWC before each monthly meeting including the following:

i) Employees absent from work because of an injury or disability who are in receipt of Workplace Safety Insurance Board benefits

ii) Employees absent from work because of an injury or disability who are in receipt of Long Term Disability benefits including last day worked

iii) Employees who required temporary or permanent accommodation in the workplace. b) It is understood that it is the obligation of the disabled employee in receipt of short-term or long-term disability benefits to ensure the Hospital’s Health, Safety and Wellness Department is advised as soon as possible of any change in medical restrictions which may affect their ability to return to regular or modified duties. c) The Occupational Health DepartmentHealth, Safety, and Wellness Department will discuss the needs of employees for accommodation as soon as possible with their respective manager or designate, and the Union will advise the RWC as soon as possible when return to their original position or unit has not occurred. The Occupational Health Department, Health, Safety, and Wellness Department in consultation with the Union representative will examine opportunities for temporary accommodation until such time as an appropriate permanent accommodation is determined. d) The Hospital will advise the Union of offers of permanent accommodation within or outside the bargaining unit. e) The parties recognize that more than one employee requiring accommodation may be suitable for a particular position or arrangement. In such cases the Hospital will consider the skills, ability and experience of the employees and will also consider ability to acquire skills, seniority and path of least disruption in the workplace. f) The committee RWC will monitor the status of accommodated employees and the status of employees awaiting accommodation. The committee RWC will review any circumstances where attempts to accommodate an employee have been unsuccessful. g) Before posting, the Hospital’s Human Resources department will examine all potential vacancies to determine if they can be used to accommodate an disabled employee who requires accommodation but cannot return to their home unit. h) Where such vacancies are within the bargaining unit, the Hospital will consult with the Union on the feasibility of an accommodation giving consideration to all factors including the number of accommodated employees in the unit, the operational needs of the unit, safety of patients and employees working in the unit. i) Whether or not the parties agree to waive the posting procedure in order to facilitate an accommodation and whether or not the position is within the bargaining unit, the parties will sign an agreement containing the details of the accommodation. The parties may also agree to a written agreement for temporary accommodation of extended duration. j) The home position of a Nurse who needs permanent accommodation may be posted under the following circumstances

i. the employee is permanently accommodated in another position or arrangement

ii. the weight of the medical evidence establishes that there is no reasonable prospect of a return to her original position in the foreseeable future

iii. the Hospital may elect to fill the disabled employee’s home position by posting a temporary to permanent vacancy

A. In so electing, the position will be filled in accordance with the job posting provisions of the collective agreement

B. If and when it is confirmed that the disabled employee cannot return to her original position, the position may be offered to the incumbent on a permanent basis

C. When a job is made for the vacancy, the successful applicant will be clearly advised of the temporary status of the position and of its potential permanency.

D. Filling of andisabled employee’s home position does not remove the Hospital’s duty to accommodate that employee.

J-3The Hospital will provide a nurse with her/his copy of the Workers’ Compensation Board Form 7 at the same time as it is sent to the Board.

ARTICLE L – VIOLENCE IN THE WORKPLACE

VIOLENCE IN THE WORKPLACE

J-4 to J-7 Maintain current language.

J-8 The Hospital, with the nurse’s consent, will inform the Union within three (3) days of any nurse who has been subjected to violence while performing his or her work. Such information shall be submitted in writing to the Union as soon as possible.

ARTICLE M – NEEDLE STICK AND SHARPS INJURIES

J-9 The Hospital, in consultation with the Joint Health and Safety Committee, shall develop, implement and monitor a program for the prevention of needle stick and sharp injuries and the treatment of such injuries should they occur. The program should include and address employee training and education with respect to needle stick and sharps injury prevention, and provide for the maintenance of a needle stick/sharps injuries log to detail incidents. The program shall be evaluated annually by the Hospital in consultation with the Joint Health and Safety Committee.

ARTICLE N – MUSCULOSKELETAL INJURY PREVENTION AND CONTROL

J-10 The Hospital in consultation with the Joint Health and Safety Committee (JHSC) shall develop, establish and put into effect, Musculoskeletal prevention and control measures, procedures practices and training for the health and safety of employees.

J-11 At least once a year the Musculoskeletal prevention and control measures, procedures, practices and training shall be reviewed and revised in the light of current knowledge and practice.

J-12 The review and revision shall be done more frequently than annually if,

(a) The Hospital, on the advice of the JHSC, determines that such review and revision is necessary; or

(b) There is a change in circumstances that may affect the health and safety of an employee

J-13 The Hospital will provide training on Musculoskeletal prevention and control measures, procedures and practices and equipment to all employees during a new employee’s orientation and thereafter as required Article K - K-1 In reference to Article 10.02 (c) and (d), a full-time, a regular part-time and Miscellaneous a casual part-time seniority list will be provided to the Union Bargaining Unit President on or before January 15th and on or before July 15th of each calendar year. It is understood the Hospital shall endeavour to provide full-time, regular part-time, casual part-time seniority lists on a unit basis and on a Hospital wide basis.

K-10 The employer agrees to provide a voluntary Health and Welfare benefit program to part-time nurses. It is understood and agreed that the part-time nurses participating in such benefit plans will assume the premiums associated with the benefit coverage. Payment is made directly to the benefit provider in a manner prescribed by the provider. When the provider notifies the Hospital of benefit premium changes, such changes will be communicated to the union.

K-11 In accordance with Article 17.01 (h) and/or (i) Any a full-time bargaining unit nurse who retires and has not yet reached age 65 elects to continue benefits during retirement must provide payment of the benefits through pre-authorized debit on a monthly basis. Benefits will be discontinued where the employee fails to maintain, in good standing, her/his premium payments.

Any changes in benefit premiums resulting from the annual renewal with the carrier(s) will be communicated with the union prior to implementation.

Letters of Workplace Accommodation Pilot LOA (NEW) Understanding and 1. The Parties agree that they shall work jointly and Memorandum collaboratively on the finalization and implementation of a of Agreements pilot focused on improvements and enhancements of the Workplace Accommodation Process. The Parties further agree that the basis for this pilot shall be the draft process document provided by the Union, and the principles of disability prevention and management contained therein.

2. The Hospital also agrees to implement the training as proposed by the Union, subject to the Hospital’s review of the content and completion of any required arrangements necessary to procure and schedule the delivery of such training.

3. The Parties agree that this Letter of Understanding shall expire at the expiry of the term of the Collective Agreement and shall only be renewed upon mutual consent of both parties.

LETTERS OF AGREEMENT

Incumbency to two (2) or more positions – Renew Conversion of part-time nurses from the sick and benefit plans to percentage in lieu of fringe benefits – Renew Innovative Christmas Scheduling – Renew. Permanent Job Posting – Renew Correction and Payment of Payroll Errors – Renew Article 13.04 – Unit Weekend Schedule X 2 and Appendix A – Renew Nursing Resource Team (NRT) – Renew Standby – HIU General Site – Renew Hospital/Association Scheduling Committee – Renew. Joint Occupational Health and Safety Committees – Renew Local Association President Leave/Office Space – Renew Payment for Grievance Committee Chair – Increase to three 7.5 hour days per pay period Part-Time Nurses at West Lincoln Memorial Hospital – Renew Posting of Work Schedules – West Lincoln Memorial Hospital – Renew Regular Part-time Scheduling – West Lincoln Memorial Hospital – Renew Combined Full-time and Part-time Vacation Quotas – Renew Pediatric Medicine Clinics – Three new subspecialty clinics – Bariatric Medicine, Chronic Pain, and Chronic Complex Care Emergency Department Triage Specialists – Unpublished – Renew Unit Weekend Schedule – St. Peter’s Site – Unpublished – Renew WLMH Site – Emergency Department – Innovative Unit Schedule – Unpublished – Renew

MEMORANDUMS OF AGREEMENT Definition of Units in the (JCC) – Renew Juravinski Cancer Centre (JCC) – Resource Nurse/Disease Site Team Coordinator and Oncology Certification Examination – Renew

St. Peter’s Unpublished LOA regarding Pre-Booked Part-time Hours deleted.