COLLECTIVE AGREEMENT
between:
Ontario Public Service Employees Union on behalf of its Local 259
and
Grand River Conservation Authority
DURATION: January 1, 2015 to December 31, 2017
Sector 13 2-259-5243-20171231-13
COLLECTIVE AGREEMENT
Between:
Grand River Conservation Authority
(hereinafter referred to as "the Employer")
of the First Part
and
Ontario Public Service Employees Union
and its Local 259
(hereinafter referred to as "the Union")
of the Second Part
TERM: January 1, 2015 to December 31, 2017
i TABLE OF CONTENTS
ARTICLE 1 – PURPOSE OF AGREEMENT ...... 1 ARTICLE 2 - SCOPE & RECOGNITION ...... 1 ARTICLE 3 - MANAGEMENT RIGHTS ...... 3 ARTICLE 4 - UNION SECURITY ...... 4 ARTICLE 5 - NO STRIKES OR LOCK-OUTS ...... 5 ARTICLE 6 - REPRESENTATION ...... 5 ARTICLE 7 - EMPLOYEE-EMPLOYER RELATIONS COMMITTEE ...... 7 ARTICLE 8 - HEALTH & SAFETY ...... 7 ARTICLE 9 - ANTI-DISCRIMINATION ...... 8 ARTICLE 10 - GRIEVANCE PROCEDURE ...... 10 ARTICLE 11 - DISCHARGE & SUSPENSION CASES ...... 11 ARTICLE 12 - ARBITRATION ...... 12 ARTICLE 13 - SENIORITY ...... 13 ARTICLE 14 - JOB SECURITY ...... 15 ARTICLE 15 - BULLETIN BOARD ...... 19 ARTICLE 16 - LEAVE OF ABSENCE ...... 19 ARTICLE 17 - GENERAL ...... 21 ARTICLE 18 - JOB POSTING ...... 21 ARTICLE 19 - VACATIONS ...... 23 ARTICLE 20 - PAID HOLIDAYS ...... 26 ARTICLE 21 - HOURS OF WORK ...... 27 ARTICLE 22 - OVERTIME ...... 28 ARTICLE 23 - EMPLOYEE BENEFITS ...... 28 ARTICLE 24 - BEREAVEMENT LEAVE ...... 31 ARTICLE 25 - REPORTING PAY ...... 32 ARTICLE 26 - CALL IN PAY ...... 32 ARTICLE 27 - DAM DUTIES ...... 33 ARTICLE 28 - JURY DUTY ...... 33 ARTICLE 29 - SICK LEAVE ...... 34 ARTICLE 30 - EXPENSES ...... 38 ARTICLE 31 - WAGES ...... 39
ii ARTICLE 32 - TERMS OF AGREEMENT ...... 40 APPENDIX 1 ...... 42 APPENDIX 2 ...... 42 SCHEDULE 1- 2014 WAGE RANGES ...... 43 SCHEDULE 2 - B.U. POSITIONS AND GRADES ...... 45 LETTER OF UNDERSTANDING #1: OVERTIME ...... 47 LETTER OF UNDERSTANDING #2: EARLY RETIREMENT BENEFITS ...... 48 LETTER OF UNDERSTANDING #3: JOINT BENEFITS COMMITTEE ...... 49 LETTER OF UNDERSTANDING #4: EXTRA HOURS OF WORK ...... 50 LETTER OF UNDERSTANDING #5: OVERTIME AVERAGING AGREEMENT...... 52 LETTER OF UNDERSTANDING #6: POST SECONDARY CO-OPERATIVE STUDENTS ...... 53 LETTER OF UNDERSTANDING #7: CASUAL EMPLOYEES SCHEDULING ...... 54 LETTER OF UNDERSTANDING #8: CONSERVATION AREAS WINTER SCHEDULING ...... 55
1 ARTICLE 1 - PURPOSE
1.01 The purpose of this Agreement is to provide orderly collective bargaining relations between the Employer and its employees covered by this Agreement through the Union to secure prompt and fair disposition of grievances, to secure the efficient operation of the Employer's business and to provide fair wages, hours and working conditions for the employees. It is recognized by this Agreement to be the desire of the Employer, the Union and the employees to co-operate fully, individually and collectively for the advancement of the said conditions.
ARTICLE 2 - SCOPE & RECOGNITION
2.01 This Agreement shall apply to all employees of the Employer in the cities of Cambridge, Brantford and Waterloo, the towns of Dunnville and Haldimand and the townships of Centre Wellington, Mapleton, Guelph/ Eramosa, East Luther Grand Valley, North Dumfries, and County of Brant save and except managers, persons above the rank of manager, professional and graduate engineers employed in an engineering capacity, office and clerical employees, students employed during the school vacation period and employees employed pursuant to Section 25 of the Employment Insurance Act.
2.02 The Employer recognizes the Union as the sole collective bargaining agent for all employees of the Employer in the bargaining unit defined above.
2.03 Definitions
(a) Status and Category of Employment
There are three status of employment:
Regular means continuous, ongoing employment.
Seasonal means employment where work periods recur annually and are of a duration less than twelve (12) months. Note: two (2) or more work periods may occur in the same calendar year.
Temporary means employment related to a specific project for a defined period of time usually less than fifteen (15) months, and which is non-recurring. It is understood that any exceptions to this Article will be agreed to between the Employer and the Union. There are three categories of employment:
2 Full-time means actively employed for 30 hours or more per week.
Part-time means actively employed and regularly scheduled to work each week up to twenty-eight (28) hours. Part-time employees are ineligible for employee benefits except where required by law or provided for in the Collective Agreement.
Casual means employed on an intermittent basis and the employee may elect to work or not when requested to do so, however they must be available for work at least six (6) weekend annually. Casual employees hired since March 1st 2015, are required to work evenings and weekends and do not have an elect to work ability. Scheduling for casual employees will continue to be offered by seniority at each location. Casual employees are ineligible for employee benefits except where required by law or provided for in the Collective Agreement. If an Employee has not worked a minimum of sixty five (65) hours in a calendar year, his employment shall be deemed to be terminated.
(b) Other Definitions
Job means a collection of accountabilities and duties that considered as a whole, constitute the established assignment to one or more employees.
Position means a job performed by a particular employee.
Wage Range means the range of wages payable for a job.
Step means the proportional divisions within each wage range.
Wage Grade means the number assigned to distinguish one group of jobs and its applicable wage range from another.
Qualified means meeting the criteria set out in Article 14.03(b), Eligibility to Bump, and is not exclusive to bumping.
Day(s) means a calendar day(s) unless otherwise specifically stipulated.
Work station means the employee’s base of operations.
He/him/his means the employee/employee’s and is meant to impart both genders.
3 2.04 If an employee is hired into a Regular status position, the time worked in Temporary positions will be included when calculating the employee’s Seniority if the break of service is eight (8) weeks or less. The original hire date (under Temporary status) will also be used to calculate vacation and sick entitlements. Other benefits (i.e. Group Insurance and OMERS) will commence upon conversion to Regular status, as long as the waiting period has been met for Group Insurance (the temporary time will be counted toward this waiting period).
ARTICLE 3 - MANAGEMENT RIGHTS
3.01 The Union recognizes and acknowledges that the management of the Employer and its facilities and direction of the working forces are fixed exclusively in the Employer and without limiting the generality of the foregoing the Union acknowledges that it is the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency and in connection therewith to make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its employees, discipline or discharge employees for just cause provided that a claim by an employee who has acquired seniority that he has been discharged or disciplined without cause may be the subject of a grievance and dealt with as hereinafter provided;
(b) select, hire, transfer, assign to shifts, promote, demote, classify, lay-off, recall, retire employees or select employees for positions excluded from the bargaining unit;
(c) determine the location of operations, and their expansion or their curtailment, the direction of the working forces, the sub-contracting of work, the schedules of operations, the number of shifts; determine the methods and processes to be employed, job content, quality and quantity standards, the establishment of work or jobs; change, combine or abolish jobs with not less than 20 days prior written notice to the Union; determine the qualifications of an employee to perform any particular job; the nature of tools, equipment and machinery used and to use new or improved methods, machinery and equipment, change or discontinue existing tools, equipment, machinery, methods or processes; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; the determination of financial policies, including
4 general accounting procedures and customer relations;
(d) have the sole and exclusive jurisdiction over all operations, buildings, machinery and equipment.
3.02 The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this Agreement and the express provisions of this Agreement constitute the only limitations upon the Employer's rights. No employee or representative of the Employer shall be required or permitted to make any verbal or written agreement that conflicts with the provisions of this Agreement.
ARTICLE 4 - UNION SECURITY
4.01 The Union will not nor will any employee engage in Union activities during working hours or hold meetings at any time on the premises of the Employer without permission of the Manager of Corporate Services or his designate.
4.02 The parties hereto agree that any employee of the Employer covered by this Agreement may become a member of the Union if he wishes to do so and may refrain from becoming a member if he so desires. No employee will be discriminated against, coerced or restrained because of membership or non-membership in any labour organization or by reason of any activity or lack of activity in any labour organization
4.03 Immediate upon hire, the Employer will deduct each pay period from the pay of each employee who is covered by this Agreement, an amount equal to his regular bi-weekly Union dues as certified by the Union to be currently in effect according to the Constitution and By-laws of the Union. All dues so deducted shall be remitted to the Director of Financial Administration of the Union, 100 Lesmill Road, North York, Ontario M3B 3P8, not later than the 15th day of the month following the month in which such deductions are made, together with a list of all employees from whose pay dues were so deducted.
4.04 The Union will indemnify the Employer and save it harmless from any and all claims or demands that are made to it by any employee as a result of any action taken by the Employer pursuant to the provisions of this Article.
4.05 The Employer agrees to make available up to fifteen (15) minutes during the first thirty (30) days of employment for a new Union employee, for one (1) designated Steward appointed under Article 6.01 to present information about the Union and Local 259. The Employer will notify the Local Union President,
5 in writing, of the new employees name, work location, start date and the name of their supervisor. The designated Steward shall be compensated at his straight time hourly rate for this fifteen (15) minute period. The designated Steward must obtain consent from his supervisor prior to absenting himself from his duties and upon his return to duty, as applicable, and must obtain prior consent from the new employee’s supervisor. Consent shall not be unreasonably denied.
4.06 The Employer agrees to report total dues deducted annually on each employee's T-4 slip.
ARTICLE 5 - NO STRIKES OR LOCK-OUTS
5.01 In view of the orderly procedure established by this Agreement for the settling of disputes and the handling of grievances, the Union and the Employer agree that there shall be no strike or lockout, during the lifetime of this Agreement. The terms "strike" and "lockout" shall be as defined in the Ontario Labour Relations Act, R.S.O. 1995, c. L.2, or as it may be amended.
ARTICLE 6 - REPRESENTATION
6.01 The Employer agrees to recognize the following Union representatives:
(a) a maximum of seven (7) stewards, one of whom shall be the Chief Steward, comprised from each of the following groups: (i) two (2) stewards from Conservation Areas located north of Highway 401; (ii) two (2) stewards from Conservation Areas located south of Highway 401; (iii) one (1) steward from Central Services, Forestry, Motor Pool; (iv) three (3) stewards from Employees working at or out of Head Office.
(b) a Negotiating Committee of up to four (4) employees, which may include one regular part-time employee, together with a Union Staff Representative for the purpose of renegotiating this Collective Agreement; the Employer to pay for all regular straight time hours spent by the members of the Bargaining Committee in meetings with Management up to conciliation.
6 (c) three (3) representatives to a joint Employee-Employer Relations Committee.
(d) a grievance committee comprised of the Chief Steward and the Steward from the area where the grievance originated.
(e) three (3) representatives to a joint Job Evaluation Committee. Both parties shall share equal participation in the committee and have equal representation on such committee.
6.02 All of the above-mentioned representatives shall be employees who have completed their probationary period.
6.03 The Union will provide the Employer with an up-to-date list of the names and position of each representative acting pursuant to this Article and the Employer will not be required to recognize such representatives until it has been so notified.
6.04 No representative shall leave his work place or enter another section or area to investigate or process any grievance without the prior consent of his supervisor. No representative may enter any section or area other than his own without first obtaining the consent of the supervisor of that section or area. Consent of the supervisor shall not be unreasonably withheld. It is understood that representatives will not absent themselves from their regular duties unreasonably.
It is agreed and understood that Union Officials and Stewards requiring any information with respect to an employee, his employment status, bargaining unit status, job title, wage grade and/or rate of pay will direct all inquiries to the Human Resources Department.
6.05 The Union Representatives will not enter the premises of the Employer without obtaining the prior consent of the Employer which will not be unreasonably withheld.
6.06 (a) A Union representative will be allowed four (4) hours each month to conduct Union business.
(b) This time allowed is to be mutually agreed between the Union representative and his immediate Supervisor.
(c ) The Union will notify the Employer in writing, of the name of this person or designee who will be using the time allowed.
7 (d) The Employer will bill the Local Union directly for hours taken.
ARTICLE 7 - EMPLOYEE-EMPLOYER RELATIONS COMMITTEE
7.01 An Employee-Employer Relations Committee shall be established consisting of up to three (3) employee representatives of the Union, which may include one regular part-time employee, and three (3) representatives of the Employer. Further, it is understood and agreed that either party may bring a resource person or persons to Committee meetings.
7.02 The Employee-Employer Relations Committee shall meet at the request of either party quarterly but not more than once every two (2) months on a mutually agreeable day to discuss matters of mutual concern excluding outstanding grievances. The Employer shall determine the time of day when the meeting will be held and the location. Where practical, each party will notify the other of the proposed agenda items in writing one (1) week in advance of the meeting.
Employee-Employer Relations Committee meetings will be held during working hours. The employee representatives of the Union shall be paid for scheduled hours spent at such meetings at their regular straight time hourly rate of pay.
ARTICLE 8 - HEALTH & SAFETY
8.01 The Employer shall continue to make reasonable provisions for the Health and Safety of its employees during the hours of their employment. It is agreed that both the Employer and the Union shall co-operate in the prevention of accidents in the reasonable promotion of the safety and health of all employees, and in adhering to the provisions of the Ontario Health and Safety Act, or as it may be amended.
8.02 The Employer shall make reasonable provisions to ensure that the Employees have the right to be free from workplace violence and harassment, including bullying, psychological harassment and other vexatious behaviour, as defined within the Occupational Health and Safety Act, or as amended.
8.03 With the exception of safety boots, the Employer shall provide safety equipment and special protective clothing where it requires such equipment and clothing to be used.
8.04 Where the Employer requires a regular full-time employee to wear safety shoes/boots, the Employer agrees to contribute up to three hundred dollars
8 ($300.00) per employee, over two calendar years, towards the cost of Employer-approved safety shoes/boots with a receipt.
8.05 Where the Employer requires a regular full-time employee in the arboricultural operations group to wear forestry specialized safety boots, the Employer agrees to contribute up to three hundred dollars ($300.00) per employee towards the cost of Employer-approved safety boots with a receipt, over two (2) calendar years, or less as required, with approval from the Supervisor and Human Resources.
8.06 Where the Employer requires a seasonal full-time employee to wear safety shoes/boots, the Employer agrees to contribute one hundred and fifty ($150.00) dollars per employee, once the employee has attained seniority (988 hours), not more than once each 1040 regular hours worked, towards the cost of Employer-approved safety shoes/boots with a receipt.
8.07 Where the Employer requires a Temporary Full-Time employee to wear safety shoes/boots and the term of employment is equal to or greater than six (6) months in length, the Employer agrees to contribute up to one hundred and fifty ($150.00) dollars per employee payable after the employee has worked six (6) months, and not more than once during the term of the temporary contract, towards the cost of Employer-approved safety shoes/boots with a receipt that is dated within the term of the employment.
ARTICLE 9 - ANTI-DISCRIMINATION
9.01 Union/Non-Union There shall be no discrimination by the Employer or the Union or its members against any employee because of membership or non-membership in the Union.
9.02 Ontario Human Rights Code It is the responsibility of the Grand River Conservation Authority to provide a work environment that is free from harassment and discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or handicap in accordance with the Ontario Human Rights Code.
The Ontario Human Rights commission literature indicates that harassment whether verbal, physical, deliberate, unsolicited or unwelcome may include:
* verbal abuse or threats;
9 * unwelcome remarks, jokes, innuendoes or taunting; * displaying of pornographic, racist or other offensive or derogatory pictures; * unwelcome invitations or requests, whether indirect or explicit, or intimidation; * leering or other gestures; * condescension or paternalism which undermines self-respect; * unwelcome physical contact; * physical assault.
Consistent with this responsibility, behaviour toward any employee by a manager, supervisor or fellow employee which constitutes sexual harassment will not be tolerated. Although there is no absolute definition which completely describes all possible cases of sexual harassment, three common types of sexual harassment outlined in the 1981 Ontario Human Rights Code include but are not limited to: (1) “a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” This includes repeated sexual remarks or physical contacts that are degrading. (2) “a sexual advance or solicitation made by a person who is in a position to grant or deny a benefit to another.” (3) “a person who is in a position to grant or deny a benefit threatens or institutes a reprisal against the person who rejected his or her sexual advance.” Denying a promotion or firing an employee who has refused a sexual proposition is an example of this type of harassment.
Employees knowledgeable of an incident of harassment or sexual harassment may discuss the matter with their immediate Supervisor, the next uninvolved Senior Staff member, to Human Resources and/or a Union Representative. The time limits set out in Article 9 - Grievance Procedure do not apply to complaints under this Article, provided that the complaint is made within a reasonable time of the alleged incident, having regard to all the circumstances. The Employer will exercise diligence in its investigation and will respond in as timely a fashion as possible having regard to all the circumstances. All incidents will be treated with sensitivity and all involved parties will be reminded of the requirement of strict confidentiality.
Harassment and sexual harassment will not be tolerated and will be considered by the Employer to provide just cause for disciplinary action. Throughout this procedure, employee(s) will be represented by the Union
10 Representative(s) of their choice.
The employer recognizes its duty to accommodate Employees under the Ontario Human Rights Code. Where such a duty arises, the Employer, in conjunction with the Union, will develop an appropriate accommodation plan with the employee. A Union representative will be party throughout the accommodation process.
ARTICLE 10 - GRIEVANCE PROCEDURE
10.01 The purpose of this Article is to establish an orderly and efficient procedure for the prompt settlement of grievances.
10.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement may discuss his complaint with his immediate supervisor. In so doing, the employee shall advise his supervisor that the complaint is being raised in accordance with the provisions herein. Such a complaint shall be brought to the attention of the immediate supervisor within ten (10) working days of the incident giving rise to the complaint. The immediate supervisor shall state his decision verbally within five (5) working days of receiving the complaint.
STEP 1 Should the employee be dissatisfied with the immediate supervisor's disposition of the complaint, he may, with the assistance of his steward refer such matter on a written grievance form supplied by the Union to Human Resources or his designate, who shall answer the grievance in writing within five (5) working days. Human Resources or designate, the Steward and the employee may meet within this five (5) working day period to discuss the grievance. The complaint shall constitute a formal grievance at Step 1 and shall be filed within five (5) working days of receipt of the immediate supervisor’s reply to the complaint. The grievance shall contain a brief statement of the facts relied upon, indicate the relief sought, be signed by the employee, and should specify the provisions of the Agreement of which a violation is alleged.
STEP 2 If no settlement is reached at Step 1, the Chief Steward and Steward from the area where the grievance originated and representatives of management shall meet to discuss the grievance within five (5) working days of receipt of the reply of Human Resources. The Union's Representative may be in attendance at this meeting. Human Resources shall answer the grievance in writing within five (5) working days of the meeting. If the grievance is not
11 settled within five (5) working days, it may be referred to arbitration as hereinafter provided.
10.03 The Union or the Employer may initiate a grievance beginning at Step 2 of the Grievance Procedure. Such grievance shall be filed within ten (10) working days of the incident giving rise to the complaint and be in the form prescribed in Step 1. Any such grievance may be referred to arbitration under Article 12 by either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed.
10.04 Any complaint or grievance that is not commenced or processed through the next stage of the Grievance or Arbitration Procedures within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Employer and the Union.
10.05 No grievances may be submitted concerning the termination of employment, lay-off or disciplining of a probationary employee. An employee will have no seniority rights during the probationary period and if his employment is terminated at any time during such probationary period such termination shall not be subject to the Grievance Procedure.
ARTICLE 11 - DISCHARGE & SUSPENSION CASES
11.01 An employee who has acquired seniority and who is discharged or suspended shall be given a reasonable opportunity to interview his steward before leaving the Employer's premises, unless there is no steward present at the conservation area or work station or it is necessary, because of the circumstances giving rise to his discharge, to require the immediate expulsion of the employee from the Employer's premises.
11.02 An employee who has acquired seniority and who is discharged may file a grievance at Step 2 of the Grievance Procedure within five (5) working days after such discharge. An employee who has acquired seniority and who is suspended may file a grievance at Step 2 of the Grievance Procedure within (5) working days after such suspension.
11.03 Where a grievance which is filed under Article 10.02 is not settled and duly comes before an Arbitration Board, it may substitute such other penalty for the discharge or discipline as to the Arbitration Board seems just and
12 reasonable in all the circumstances.
11.04 The discharge of an employee employed in a temporary status shall not be the subject of a grievance.
ARTICLE 12 - ARBITRATION
12.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party's appointee to any Arbitration Board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within five (5) working days, advise the other of the name of its appointee to the Arbitration Board.
12.02 The two appointees so selected shall, within fifteen (15) working days of the appointment of the second of them, or a time mutually agreed upon, appoint a third person who shall be the Chairperson. If the recipient party fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern.
12.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
12.04 Each of the parties hereto will bear the expenses of an arbitrator appointed by it and the parties will jointly share the expenses of the Chairperson of the Arbitration Board, if any.
12.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.
13 ARTICLE 13 - SENIORITY
13.01 Newly hired employees shall serve a probationary period as set forth below and shall have no seniority rights during this period. During the probationary period an employee shall be considered as being employed on a trial basis and may be discharged at the sole discretion of the Employer. The discharge of a probationary employee or an employee without seniority shall not be the subject matter of a grievance.
(a) Regular Full-Time Employee A regular full-time employee shall serve a probationary period of six (6) months from his date of hire. Upon the successful completion of his probationary period he shall have his seniority backdated to his most recent date of hire.
(b) Seasonal Full-Time Employee A seasonal full-time employee shall serve a probationary period of 1040 hours worked. Upon the successful completion of his probationary period, seniority shall be accumulated in units of hours worked. It is understood that hours will be accumulated from season to season.
(c) Regular or Seasonal Part-Time Employee and Casual Employee A regular or seasonal part-time employee or casual employee shall serve a probationary period of 1040 hours worked. Upon the successful completion of his probationary period, seniority shall be accumulated in units of hours worked.
(d) Temporary Full-Time or Part-time or Casual Employee A temporary full-time or part-time or casual employee does not acquire seniority or have bumping privileges.
(e) When converting hours of work to years of service, the actual hours worked will be divided by the number of annual hours of work associated to the full-time equivalent position, i.e. 1975 or 1820. Similarly, any Employee moving from a full-time position to a part-time position will have their years of service converted from years of service to hours of work.
(f) Accumulated service hours for seniority for probationary employees will be forfeited and the employee’s employment deemed to be terminated under the following conditions: (e) if he voluntarily quits;
14 (f) if he retires; (g) if he fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this agreement; (h) if (12) twelve months have elapsed from the day of lay-off; (i) if he is absent from work for more than five (5) consecutive scheduled working days without providing an explanation reasonable to the Employer.
13.02 Seniority shall mean an employee's length of continuous service with the Employer as defined in 13.01 and 13.02. An employee who has successfully completed his probationary period shall maintain and accumulate seniority under the following conditions:
(a) while he is actively at work for the Employer after he has successfully completed his probationary period as set out in Article 13.01 above;
(b) during any period when he is prevented from performing his work for the Employer by reason of injury arising out of and in the course of his employment for the employer and for which he is receiving compensation under the provisions of the Workplace Safety and Insurance Board Act;
(c) during the first two (2) years for absences due to illness, written leaves of absence or layoff, except that seasonal employees shall not accumulate seniority between work periods.
Employees shall retain but not accrue seniority under the following conditions:
a) During a period when an employee is absent from work due to written leaves of absence for work outside the bargaining unit that is requested in conjunction with Article 16.02;
b) between work periods for seasonal employees
13.03 The Employer will maintain a seniority list for each of the following:
(a) regular full-time;
(b) seasonal full-time;
(c) regular and seasonal part-time.
(d) Casual
15 Seniority lists will be supplied to the Union and posted on the bulletin boards in the space allotted for this purpose on January 15th of each year of this Agreement.
13.04 Seniority once established for an employee shall be forfeited as outlined in Article 14.06
13.05 Employees promoted to supervisory positions or positions not covered by this Agreement will retain their seniority after promotion and if transferred back into the bargaining unit within fifteen (15) months, the time served in such position shall not be included in their seniority standing. Any Employee continuing in a position beyond fifteen (15) months will be considered to have lost their previously accumulated seniority.
An existing bargaining unit employee assigned to a temporary position will accumulate seniority for all work performed in a bargaining unit position. Seniority only accumulates for work within the OPSEU bargaining unit.
13.06 Seasonal employees who have completed their probationary periods shall be offered employment in their former positions in the following season, if such positions are available, provided they are qualified to perform the required work efficiently.
ARTICLE 14 - JOB SECURITY
14.01 Notice to Union of Layoff In the event of a permanent layoff of a Regular Full-Time, regular Part-Time or Seasonal Employee,
(a) if the employee has less than one (1) year of service, he will receive two (2) weeks notice of the layoff
(b) if the Employee has between one (1) year and four (4) years of service he will receive four weeks notice of layoff
(c) if the Employee has between five (5) and six (6) years of service, he will receive six (6) weeks notice of layoff
(d) if the employee has seven (7) years of service or more, he will receive eight (8) weeks notice of layoff.
The Employer will notify the union prior to notice to the Employees that lay- offs may be occurring. The parties shall meet within one (1) week of the
16 aforementioned notice to discuss alternative suggestions from the Union. Any agreements arrived at by the Employer and the Union may supercede the terms of the Collective Agreement to the extent necessary to affect the lay- off. When required, payment in lieu of notice may apply.
In the event of a temporary layoff, the employer will make reasonable efforts to give the Union and Employee as much advance notice as possible.
14.02 Displacement In the event of a lay-off in excess of five (5) working days, or where the Employer has identified positions that are no longer required, the Employer shall institute lay-offs by reverse order of seniority within the job(s), at the affected work location(s).
14.03 (a) Bumping An employee who has been laid off according to the provisions of Article 14.02 may displace the most junior employee whose job he can perform, in the following manner and sequence: (1) within the same job and wage grade (2) within the same wage grade (3) within the next lower wage grade.
Repeat step (3) until no wage grades remain. If no bumps are available, go to the next lower status and category as defined in Appendix 1 and repeat steps (1) through (3).
It may be possible for a regular full-time employee to bump a temporary full-time employee, provided it does not negatively impact the business commitments of the organization. The Union and the Employer will meet to discuss each of these situations. An employee may bypass a step(s) in the above sequence to avoid a displacement outside the 50-kilometre radius from his affected work location, as defined in Appendix 2. At no other time may steps in the process be bypassed.
An employee who has been bumped may follow the process as above.
(b) Eligibility to Bump Determination of ability to perform the normal work involved in the position being displaced shall be based on the following: (1) the employee must meet the minimum requirements of the job, including related experience, as listed in the job description, and
17 (2) the employee must be able to perform the normal work in the job within ten (10) working days.
(c) When an employee is displaced, within 3 week days (excluding Public Holidays) of receiving his notice, he shall advise Human Resources in writing if he intends to bump and identify the affected position.
(d) When an employee displaces (Bumps) another employee in the same wage grade the displacing (Bumping) employee will maintain his own step in the wage scale.
(e) If an employee displaces an employee in a lower wage grade, he shall maintain his present step within the new grade.
(f) It is understood and agreed that an employee who displaces another employee shall not have his weekly salary increased.
(g) Employees may choose to waive 14.05 (a) (1) (2) and (3) and elect to be laid off, subject to the recall provisions of this Agreement.
(h) Before any vacant positions or new work opportunities covered by the Collective Agreement are filled, the Employer will consider the most senior laid off employee on the recall list who is qualified to perform the normal work. If none of the laid off employees is qualified, the Employer will fill the position as per Article 18.01. No new bargaining unit employees may be hired so long as an employee(s) qualified to do the normal work remains on the recall list.
It is understood and agreed that employees who are not on lay-off shall have no right to grieve the filling of the vacancy. Further, laid off employees will not be recalled to a higher category or to a higher paying job.
(i) An employee who has displaced an employee or has been displaced, shall be entitled to return to the position he held prior to the lay-off should it become vacant within (see 14.06(e)) of the lay-off, provided that the employee remains qualified and able to perform the duties of his former position.
(j) Notwithstanding the above, it is understood that seasonal employees who have successfully completed their probationary period and who have a normal/ regular recurring break between seasons are not entitled to bump other employees during the normal/regular recurring period.
18 14.04 It is agreed that when notice of lay-off is given to an employee that a steward from the Union be invited and entitled to attend the meeting also.
14.05 The Employer and the Union will endeavour to inform laid off employees of resources available to them, e.g., government benefits, and any other assistance that may be available to them.
14.06 The employee's employment shall be deemed to be terminated and seniority once established for an employee shall be forfeited under the following circumstances:
(a) if he voluntarily quits;
(b) if he retires;
(c) if he is discharged for any cause and not reinstated through the Grievance Procedure;
(d) if he fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this Agreement;
(e) if (18) eighteen months have elapsed from the day of lay-off in the case of an employee with up to five years seniority or (24) twenty-four months in the case of an employee with more than five year's seniority;
(f) if he is absent from work for more than five (5) consecutive scheduled working days without providing an explanation satisfactory to the Employer.
14.07 Recall (a) In recalling employee from lay-off in excess of five (5) working days, the displacement procedure described in Article 14.02 will be applied in reverse.
(b) When recalling an employee after layoff, he shall be notified by registered mail or telegram and allowed five (5) working days from the date of receipt of the notice to report for work and, in the meantime, if an employee is recalled and is not immediately available for work, other employees with seniority may be recalled but will be temporarily employed until the senior employee reports within the five (5) working day period as outlined above. An employee to whom a registered letter or telegram is sent in accordance with this article must contact the employer within (2) two working days of the receipt of the notice of
19 return to work if he wishes the Employer to hold the job open for him for the full two (2) working day period.
Laid off employees may provide the Employer in writing with an alternate address for notice of recall.
It shall be the employee's responsibility to keep the Employer notified as to any change of his address or telephone number so that they will be up to date at all times.
For the purposes of this clause, notification will be deemed to have been given on the 3rd day following the registration of a letter excluding Saturdays, Sundays and paid holidays.
(c) Notwithstanding 14.06 (d), an employee will not be terminated for failure to respond to a recall from layoff subject to him providing a reason satisfactory to the Employer.
14.08 Seasonal employees are responsible to keep the Employer notified as to any changes of address or telephone number so that the Employer’s information is up to date at all times.
14.09 In the event that the status of a job is downgraded, the Employer and the Union will meet to discuss how the negative impacts on the employees involved can be minimized.
ARTICLE 15 - BULLETIN BOARD
15.01 The Union shall have the use of a bulletin board at Head Office and the Central Services building for the purpose of posting notices relating to the Union's legitimate business as it relates to the Employer. Space on the bulletin board located at each staffed conservation area and nature centre will also be allotted to the Union for this purpose. All such notices must be initialled by the Union president or his designate, prior to posting.
ARTICLE 16 - LEAVE OF ABSENCE
16.01 The Employer may grant a leave of absence of up to one (1) year without pay to employees for legitimate reasons. Considerations of such requests will not be unreasonably denied. All leave of absence requests must be submitted at least thirty (30) days prior to the commencement date of the leave using a Leave of Absence request form. The Employer may grant an extension to
20 such leave and the request for extension must be received at least thirty (30) days prior to the expiration of the existing leave.
16.02 With the exception of casual staff, a leave of absence of up to one (1) year without pay may be granted to an employee for the purposes of working elsewhere in a related field. Consideration of such requests will be based on maintaining efficiency and continuity in operations and will not be unreasonably denied. All leaves of absence requests must be submitted at least thirty (30) days prior to the commencement date of the leave using a Leave of Absence request form.
16.03 Any leave of absence granted by the Employer shall be in writing and shall set out the length of leave of absence granted, the purpose of the leave and the terms, if any, on which it is granted.
16.04 Maternity, Parental and Adoption leaves shall be granted in accordance with the Employment Standards Act.
16.05 If requested in writing at least thirty (30) days prior to the expiration of her maternity leave granted in accordance with Article 16.04 an employee shall be granted an additional leave of absence without pay of up to six (6) months.
16.06 The Employer may grant an employee leave of absence with pay for not more than six (6) working days in a year upon special or compassionate grounds. Such leave of absence shall be charged against the existing sick credits of the employee. Employees shall not be eligible for payment pursuant to this Article for paid holidays, while on vacation or leave of absence or for any other period which they would not have worked.
16.07 The Employer, on receiving three (3) weeks' notice in writing from the Union, will grant leave of absence without pay to not more than two (2) employees at any one time to attend Union conventions, conferences, meetings or education sessions. Such leaves inclusively shall not exceed an accumulated total of thirty (30) working days per year and shall be permitted only if the operations of the Employer permit, but shall not be unreasonably withheld.
16.08 An employee who is elected to a full-time position with O.P.S.E.U. shall be granted an unpaid leave of absence for a period of up to two (2) years. Such leave during his term of office may be renewed every two (2) years on request to Human Resources.
16.09 The Employer may approve a seasonal employee’s request for time off without pay for up to one week.
21 16.10 The provisions of this Article shall not apply to employees employed in a temporary status.
ARTICLE 17 - GENERAL
17.01 Personnel Files An employee shall have the right to review his personnel file in the presence of the Employer upon reasonable notice in writing. The employee shall be given the opportunity to initial documents in the personnel file to indicate they have reviewed the contents. Initialling shall not be construed as agreement with the contents. The Employer agrees that there will be only one (1) personnel file for each employee. An Employee shall be given a copy of any disciplinary notation placed in his file.
17.02 Copies of any written disciplinary action, including suspension up to 2 days, forming part of an employee's personnel file, shall be removed from that file when the employee has completed two (2) years with a clear disciplinary record, from the date of last occurrence.
17.03 No employee will be required to perform tasks of a personal nature.
17.04 The parties agree to share equally the cost of printing the Collective Agreement.
ARTICLE 18 - JOB POSTING
18.01 When a new position of greater than three (3) months duration is created in the bargaining unit, or when additional employees are required for a period in excess of three (3) months in an existing job, or when a position has been vacated and requires a replacement for greater than three (3) months, the Employer will post a notice of the vacancy for a period of ten (10) working days on the bulletin boards. The employer will provide prior notice to the local union of their intention to post. The notice will specify the nature and title of the position, qualifications required and the rate of pay. An employee who wishes to be considered for the position so posted shall signify his desire by making written application to the person designated on the posting within the ten (10) working day posting period aforesaid. To be considered as an internal applicant for any vacancy the employee must have commenced work for the Employer prior to making the application. It is understood that any exceptions to this Article will be agreed to between the Employer and the Union.
22 18.02 In filling any posted vacancy under this Article, the Employer will consider the requirements and efficiency of operations, and, provided the minimum qualifications and related experience listed in the job descriptions are met, will select the most qualified candidate for the job. Jobs may be posted to internal and external candidates simultaneously. Internal applicants who meet the minimum qualifications and related experience will be interviewed within a reasonable period of time and prior to external applicants being given consideration. Where qualifications and related experience are relatively equal, the applicant with the highest seniority shall be the successful candidate. If no acceptable applications are received, the Employer reserves the right to continue with the hiring process.
18.03 The vacancy resulting from the placing of the successful applicant in the position so posted will also be posted but any further vacancy may be filled by the Employer without posting. In filling such a vacancy, the Employer will consider the other original applicants for the vacancy.
18.04 Where a temporary, Full-Time employee has held the same position for a period of at least twenty-four (24) consecutive months, except where the employee is replacing a regular Full-Time employee on an employer authorized leave of absence or other circumstance provided for under this Agreement, the Employer shall convert the Employee to Regular, Full-Time as per the definitions in Article 2.03.
18.05 There shall be a trial period of thirty (30) days worked from the date of the appointment within which the successful applicant may return or be required by the Employer to be returned to his former job. Any other employee promoted because of the rearrangement of positions shall also be returned to his former position.
18.06 Lateral Transfer Should job vacancies occur as defined by Article 18.01, a Regular, Full-time Employee may request in writing to the Employer a transfer to the posted vacancy.
The Employer shall grant the transfer to the Regular, Full-time Employee making the request provided that he is employed in a position with the same job title and on the condition that the Employee meets the minimum qualifications and related experience to perform the required duties.
In the event that multiple requests for transfer are received under this Article, and provided the minimum qualifications and related experience are met, seniority shall be the deciding factor.
23 An Employee who successfully transfers to a position under this Article shall not be permitted to bid on a posted job under Article 18.01 or transfer to a vacancy under this Article for twelve (12) months from the date of his successful transfer.
18.07 Any employee who has successfully bid under this Article shall not be entitled to bid on a posted job for six (6) months from the date of his successful bid, except with the Employer's permission.
ARTICLE 19 - VACATIONS
19.01 A regular full-time employee who on the 1st day of January in each year has:
(a) less than four (4) years of continuous service shall receive fourteen (14) days vacation per year with pay;
(b) four (4) years or more of continuous service but less than nine (9) years of continuous service with the Employer shall receive nineteen (19) days vacation per year with pay;
(c) nine (9) years or more of continuous service but less than fourteen (14) years of continuous service with the Employer shall receive twenty-one (21) days vacation per year with pay;
(d) fourteen (14) years or more of continuous service but less than twenty (20) years of continuous service with the Employer shall receive twenty-three (23) days vacation per year with pay;
(e) twenty (20) years or more of continuous service but less than twenty- seven (27) with the Employer shall receive twenty-six (26) days vacation per year with pay.
(f) twenty-seven (27) years or more of continuous service shall earn one (1) vacation day per year of continuous service up to a maximum of twenty-eight (28) days.
Effective January 1, 2016 a Regular Full-Time employee who on the 1st day of January in each year has:
(a) less than four (4) years of continuous service shall receive fifteen (15) days vacation per year with pay;
(b) four (4) years or more of continuous service but less than nine (9)
24 years of continuous service with the Employer shall receive twenty (20) days vacation per year with pay;
(c) nine (9) years or more of continuous service but less than fourteen (14) years of continuous service with the Employer shall receive twenty-two (22) days vacation per year with pay;
(d) fourteen (14) years or more of continuous service but less than twenty (20) years of continuous service with the Employer shall receive twenty-four (24) days vacation per year with pay;
(e) twenty (20) years or more of continuous service but less than twenty- seven (27) with the Employer shall receive twenty-seven (27) days vacation per year with pay.
(f) twenty-seven (27) years or more of continuous service shall earn one (1) vacation day per year of continuous service up to a maximum of twenty-nine (29) days.
19.02 A regular full-time employee can carry over up to ten (10) days of an employee’s vacation from one calendar year to the next. In the event of exceptional circumstances, the Employer may grant permission for the Employee to carry over more than ten (10) days. Any such request to carry over vacation shall be made in writing to the Chief Administrative Officer.
19.03 Under no circumstances may a vacation be "borrowed" from a following year.
19.04 Vacation Scheduling (a) Not later than April 1st each year, regular full-time employees will be asked to signify the time(s) when they wish to take their earned vacation. In the allocation of vacation time, the Employer will give consideration to each employee's preference as to time of vacation and where two or more employees request the same or overlapping vacation periods, preference will be given on a seniority basis subject to the Employer's right to maintain an effective and adequate work force at all times. The annual vacation schedule will be posted not later than April 30th of the respective year.
(b) In the event that regular full-time employees have vacation time not scheduled in (a), the Employer may request that they schedule that time. The Employer will give consideration to each employee’s preference as to time of vacation, and where two or more employees request the same or overlapping vacation periods, preference will be given on a seniority basis subject to the Employer’s right to maintain
25 an effective and adequate work force at all times.
(b) From time to time, in exercising its right to maintain the efficiency of operations, the Employer may schedule any unused or unscheduled vacation credits not scheduled in (a) or (b).
19.05 None of the following may be combined for the purposes of requesting pay for the same period of time (e.g., the same 4 hour period, the same 7 hour period, etc.): * vacation; * sick time; * paid holidays; * bereavement; * any other approved leave with pay.
Administration of credits for time taken are referenced under each of the applicable Articles of this Agreement.
19.06 A regular part-time employee shall receive vacation in the same manner as a regular full-time employee except that it shall be based on length of service and pro-rated based on regular or seasonal part-time hours of work divided by the hours of work for the equivalent full-time position (either 1,820 hours or 1,975 hours as applicable). Where no full-time position exists the hours will be divided by 1,820 hours.
19.07 The provisions of this Article shall not apply to employees employed in either seasonal or temporary status, or to any employees employed in the casual category. These employees shall receive vacation pay on every paycheque pursuant to the provisions of the Employment Standards Act.
19.08 Employees on Long Term Disability will receive vacation as per the following:
(a) In the year that the employee starts on Long Term Disability, they receive their full entitlement as set out January 1st of that year. Any unused days at the year’s end will be held until they return to work (if in 2 years).
(b) In the second year of Long Term Disability, vacation will be prorated based on the date returned and expected days worked, plus any additional vacation held over from the first year.
(c) If an employee is on Long Term Disability longer than two (2) years, his vacation from (a) above, is paid after two (2) years, following the date of approved Long Term Disability
26 It is the intention of the parties to stay in compliance with the Ontario Human Rights Code in the application of this article.
19.09 When an Employee is normally scheduled to work on Christmas Eve and New Years Eve, he shall be given a half-day off for both days not to exceed 3.5 hours each day, when those dates fall on weekdays.
19.10 All Regular, full-time employees and Seasonal full-time employees whose season is at least five (5) months will be granted one (1) paid personal day per year. A personal day must be used in its entirety and not in partial increments. An unused personal day cannot be carried from one year to the next and it is not eligible to be paid out.
19.11 Vacation Calculation – Group B Employees For Group B employees, vacation entitlement will be converted from days into hours on the basis that one (1) vacation day equals total annual hours divided by 260 annual working days. Vacation time taken will be deducted based on the regular hours of work scheduled for that day.
ARTICLE 20 - PAID HOLIDAYS
20.01 The following shall be recognized as holidays to be paid at the employee's straight time hourly rate multiplied by the number of hours the employee would normally have worked on such day:
New Year's Day Boxing Day Family Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Victoria Day Remembrance Day Canada Day Christmas Day
or days celebrated in lieu thereof, regardless of the day on which it falls. And any other day proclaimed as a holiday by the Federal or Provincial Governments.
20.02 An employee will be paid for a holiday provided he:
(a) works his last full scheduled shift on the working day which immediately precedes and his first full scheduled shift on the working day which immediately follows such holiday unless he is excused by the Employer; and
27 (b) is on the active payroll of the Employer and not on leave of absence, Worker Compensation or lay-off.
20.03 If an employee works on any of the said holidays, he shall be paid for all hours worked on the holiday at one and one-half times his straight time hourly rate of pay in addition to his holiday pay as herein provided for.
20.04 If any of the above holidays fall or are observed during an eligible employee's vacation, he shall be entitled to an additional vacation day with pay for each holiday so occurring.
20.05 The provisions of this Article shall apply to employees employed as seasonal full-time, provided they have been on the Employer’s payroll for at least one (1) pay period.
20.06 The provisions of this Article shall apply to employees employed in the part- time category provided they satisfy the eligibility requirements stated in the Employment Standards Act, or as it may be amended.
20.07 The provisions of this Article shall apply to employees employed as temporary full-time provided they satisfy the eligibility requirements stated in the Employment Standards Act, or as it may be amended.
20.08 The provisions of this Article shall apply to employees employed in the casual category provided they satisfy the eligibility requirements stated in the Employment Standards Act, or as it may be amended.
ARTICLE 21 - HOURS OF WORK
21.01 Group A The regular hours of work for employees listed in this group shall be seven (7) hours per day and thirty-five (35) hours per week exclusive of a one (1) hour unpaid lunch period.
21.02 Group B The regular hours of work for employees listed in this group shall be eight (8) hours per day and forty (40) hours per week for thirty-one (31) consecutive weeks of the year (during “peak season”) and seven (7) hours per day and thirty-five (35) hours per week for twenty-one (21) weeks of the year (during “off season”) with the exceptions as provided for in Letter of Understanding #5-Extra Hours of Work. The “Normal Peak Season” is from April 1 to October 31, with the exception of Luther Marsh where the “Normal Peak Season” is from May 1 to November 30. The Employer will maintain its current practice
28 regarding lunch periods for employees in this group.
21.03 It is understood that other arrangements regarding hours of work and overtime may be entered into between the parties with respect to variable work days, variable work weeks, or flexible hours of work.
21.04 The provisions of this Article shall not apply to employees employed in either seasonal or temporary status, or in the part-time or casual category.
ARTICLE 22 - OVERTIME
22.01 Time and one-half an employee's straight-time hourly rate shall be paid for all hours worked in excess of forty-four (44) hours worked in a regular workweek.
22.02 All overtime must be authorized by the Employer.
22.03 Overtime worked in accordance with this Article shall be paid within one (1) month of the pay period within which the overtime was actually worked.
22.04 Employees may opt for equivalent time off in lieu of pay for overtime. Such time off shall be taken as soon as possible at a time mutually agreed between the employee and the Employer. If such lieu time is not taken within six (6) months of the end of the pay period when the overtime was worked the employee shall receive the overtime pay for such time. In the event that the employee has a balance of lieu time at December 31 of the year, the employee shall receive the overtime pay for such time.
ARTICLE 23 - EMPLOYEE BENEFITS
23.01 The Employer agrees to contribute to the Ontario Health Insurance Plan (OHIP) for all employees in accordance with the Ontario Health Tax Regulations.
23.02 The Employer shall provide and pay on behalf of each regular full-time employee who has completed his probationary period and is not on leave of absence or layoff, eighty percent (80%) of the premium cost of the current long term disability, extended health care, and dental insurance plans and one hundred percent (100%) of the current group life insurance plan. All of the benefits mentioned in this Article shall be more particularly described and set forth in the respective plan documents or policies of insurance. The Employer will undertake to provide copies of the Employee Benefits booklet to
29 regular full-time employees upon successful completion of their probationary period, or when the nature of the plan or the carrier of the plan changes. Copies of the Policies of insurance will be maintained in the Human Resources Section and will be available to the Union and/or an employee for reviewing upon request. The Employer will use its best efforts to assist in the adjustment or settlement of any problems concerning the payment of benefits subject to the provisions of Article 23.06 below. It is understood that employees who have completed their probationary period and are not on leave of absence must, as a condition of employment, participate in the aforesaid long-term disability and group life insurance plans.
Basic Life Insurance 2 x annual earnings to a maximum of $500,000 Dependent Life Spouse - $10,000 Insurance Children - $5,000 14 days Basic Accidental Coverage matches Basic Life amount Death & Dismemberment Long Term Disability - 70% of monthly earnings to a maximum of $10,000 - Non-evidence maximum $8,000 - elimination period – 105 days of continuous disability Extended Health Reimbursement – 100% of eligible expenses (subject to Care Reasonable & Customary)
Drugs - pay-direct plan with generic substitution, Plan 64G $2.00 per prescription deductible
Extended Health Care EHC eligible expenses include: - private duty nursing, limited to $15,000 per calendar year speech therapist, VON, physiotherapist, chiropractor, podiatrist, osteopath, naturopath, Christian Science Practitioner, massage therapist*, psychologist/MSW and acupuncturist limited to $500 per calendar year (*requires a physician’s referral)
- Podiatrist including x-rays provided that the maximum has
been reached under the provincial plan
- Chiropractor, Osteopath, and Naturopath including x-rays
- custom-made orthotics/orthopaedic shoes combined
limited to $400 per year
- hearing aids, limited to $500 every 3 years
30 Vision Care Extended Health - $450 every 24 months (including cost of one (1) eye Care continued exam, subject to reasonable and customary)
Semi-Private Hospital Room Emergency Out of Province, including Travel Assistance (excl. seasonal employees) - 90 days with a lifetime maximum of $5,000,000 Dental Care Basic Services: Deductible – Nil Reimbursement – 100% of eligible basic expenses Fee guide – two years behind the current ODA
Eligible expenses include: - recall examinations limited to once every 9 months, minor restorative, periodontics, endodontics and 6 units of scaling annually
Major Restorative: Deductible – Nil Reimbursement – 50% coinsurance of eligible expenses
Children’s Orthodontics - $1000.00 effective July 1, 2014 – for dependent children only, under 18 years old Reimbursement 50% of coinsurance of eligible expenses Annual Maximum - $2,500 per calendar year combined basic, major restorative per insured (as applicable)
23.03 Every regular full-time employee shall join the Ontario Municipal Employees Retirement System ("OMERS") which becomes effective in the first month of employment for a new regular full-time employee hired. The Employer and employees shall provide equal contributions to the basic NRA - 65 Plan in accordance with rates established by the Plan.
23.04 The Employer agrees to continue to pay its share of the premiums for the benefit plans set out in Articles 23.01 and 23.02 for a period of thirty (30) calendar days following the date an employee is laid off or commences a leave of absence.
23.05 The Employer reserves the right to change insurance carriers at any time provided that an equivalent level of benefits will be maintained. However, no such change shall take effect until the Employer and the Union have discussed the proposed changes.
31 23.06 It is clearly understood and agreed that the Employer’s sole financial obligation with regard to benefits as set forth in this Article is to pay its portion of the premiums or to make contributions as provided herein. The plans mentioned above are governed by the policies issued by the Insurance Company(s) selected by the Employer or by rulings of the Ontario Health Insurance Plan as the case may be.
23.07 Seasonal employees will be offered benefits in accordance with the current Health and Dental provisions. Seasonal employees must participate in the benefit plan for twelve (12) months of the year and must pay in advance the premium costs related to the "off season". The Employer and Employee will share the premium for the plan on a 70/30 basis. The qualifying season length will be at least eight (8) calendar months. Eligibility starts in the beginning of the 2nd season of employment. "Out of Province” coverage will not apply to seasonal staff.
23.08 Temporary Full-time employees whose employment is at least twelve (12) months in length will be offered benefits in accordance with the current Health and Dental provisions at the completion of his probationary period. The Employer will share the premium for the plan on an 80/20 basis. “Out of Province”, major restorative and children orthodontics coverage will not apply to temporary staff.
23.09 The provisions of this Article shall not apply to employees employed in temporary status, or in the part-time or casual category.
ARTICLE 24 - BEREAVEMENT LEAVE
24.01 The Employer shall pay an employee at the employee's straight time hourly rate for all regular time lost in the event of the death of the following designated relatives of the employee:
(a) up to five (5) days in the event of the death of the employee's spouse, mother, father, child, sister, brother, mother-in-law, father-in-law;
(b) up to two (2) days in the event of the death of the employee's grandmother, grandfather, grandmother-in-law, grandfather-in-law, grandchild, sister-in-law, brother-in-law, daughter-in-law or son-in- law.;
(c) up to one (1) day in the event of the death of the employee’s Aunt, Uncle, Niece or Nephew.
32 In order to qualify an employee may be required to provide satisfactory proof of death. If any of these days falls during an employee’s scheduled vacation, on receipt of the notice of the funeral, he shall be entitled to an additional vacation day with pay for each day of bereavement leave so taken. Bereavement leave days may be taken at the time of death and/or memorial service, interment.
Employees employed in the regular, seasonal and temporary status category will be eligible for bereavement leave in accordance with the provisions of this Article for those days on which they were otherwise scheduled to work. The benefit level will equal the number of hours they were scheduled to work on that particular day(s).
24.02 Spouse as used in 24.01 (a) shall mean either the employee’s legally married spouse, or his common law spouse. Spouse shall include same sex spouse.
ARTICLE 25 - REPORTING PAY
25.01 Unless employees are notified not to report for work, employees who report for work at their regular starting time and for whom no work is available shall receive not less than four (4) hours of any work that is available at the rate of pay applicable to the job provided, or if no work is available shall receive four (4) hours pay at their straight-time hourly rate.
25.02 The provisions of this Article shall not apply in the event of strikes, power failure, or any other conditions beyond the control of the Employer which prevent the Employer from providing work or where the Employer is unable to advise the employee or leave a message not to report for work because the employee has not provided his current address and telephone number to the Employer.
25.03 The provisions of this Article shall not apply to employees employed in the part-time or casual category.
ARTICLE 26 - CALL IN PAY
26.01 If an employee is called in to work after having left the Employer's premises after completion of his regular scheduled shift, he shall receive a minimum of four (4) hours pay at his straight-time hourly rate. This provision shall not be applicable to overtime hours worked in conjunction with an employee's regularly scheduled shift and there shall be no duplication of this premium and any other premium provided for in this Agreement.
33 26.02 Article 25.01 and 26.01 shall not apply to an employee who is on standby.
26.03 Standby Any Employee designated by the Employer to carry out standby duties and carry a pager/cell phone shall be paid twenty-five dollars ($25.00) per day as required. The Union will be notified and updated as to those employees assigned to standby duties. Employees who are paged/called will be paid a minimum of fifteen (15) minutes at their straight-time hourly rate for time worked resulting from pager/cell calls. This does not apply to dam duties, as per Article 27.
Effective January 1, 2017 Any Employee designated by the Employer to carry out standby duties and carry a pager/cell phone shall be paid thirty dollars ($30.00) per day as required. The Union will be notified and updated as to those employees assigned to standby duties. Employees who are paged/called will be paid a minimum of fifteen (15) minutes at their straight-time hourly rate for time worked resulting from pager/cell calls. This does not apply to dam duties, as per Article 27.
26.04 The provisions of this Article shall not apply to employees employed in seasonal status, or in the part-time or casual category.
ARTICLE 27 - DAM DUTIES
27.01 Employees with dam duties will be paid not less than two hours for each scheduled attendance worked, on the following basis:
(a) on weekends and paid holidays when scheduled by the Employer, or
(b) as directed by the Employer.
27.02 It is agreed that this arrangement could be used for other similarly scheduled duties.
ARTICLE 28 - JURY DUTY
28.01 An employee who is selected for service as a juror or is required by subpoena to appear in court as a witness will be compensated for loss of pay from his regularly scheduled shift due to such jury service or appearance in court. Such compensation will be based on his regularly scheduled hours at his straight-time hourly rate less the fee received for his services as a juror or witness excluding payment received for travelling, meals or other expenses.
34 The time spent in such service as a juror or witness shall not constitute a break in service for the purpose of accumulating sick pay credits.
28.02 The Employee must inform his immediate supervisor as soon as possible of his selection for service as a juror or witness. The Employee must provide a written schedule to the Employer indicating the date of his service as a juror or witness, the time so spent and the fee received for his services as a juror or witness.
28.03 The provisions of this Article shall apply to seasonal full-time employees, except that compensation will cease on the date which would otherwise be deemed to be the seasonal layoff date.
28.04 The provisions of this Article shall not apply to employees employed in the casual category.
ARTICLE 29 - SICK LEAVE
SHORT-TERM DISABILITY PLAN
29.01 Sick Pay Credits - Eligibility and Rate (a) All regular full-time employees who have successfully completed their probationary period will be enrolled in a Short-term Disability Plan (except any employees who remain on the prior plan).
(b) Effective December 1st of each year, all eligible employees will receive an annual credit of six (6) days sick leave which will be paid at 100% of the regular daily rate. These six (6) days may be used for sick leave of the employee and/or immediate dependents. On the 7th day of employee illness and thereafter for subsequent and recurring illnesses, whether related or unrelated, will be reimbursed from the first day of absence up to the time employees are eligible to receive benefits under the Employer’s Long-term Disability Plan (105 days of continuous illness or disability), employees will be paid for sick days on the following scale:
Less than one complete fiscal year of service (December 1st to November 30th), 75% of regular daily rate;
1st complete year of service, 80% of regular daily rate;
2nd complete year of service, 85% of regular daily rate;
35 3rd complete year of service, 90% of regular daily rate;
4th complete year of service, 95% of regular daily rate;
All years of service thereafter, 100% of regular daily rate.
The maximum benefit that may be paid under this regulation is 105 days continuous illness or disability.
(c) For Group B employees, sick pay credits will be converted from days into hours on the basis that six (6) days at eight (8) hours per day is forty-eight (48) hours of sick pay credits. Sick time used will be deducted based on the regular hours of work scheduled for that day.
(d) Statutory and special holidays and regular "days off" shall not form part of the illness period.
(e) If an employee terminates service with the Employer and returns at a later date, he will be considered a new employee for short-term disability benefits.
(f) A part-time employee shall be eligible to receive on a calendar year basis a sick leave credit calculated by taking the regularly scheduled part-time hours divided by the number of annual hours associated with the full-time equivalent position (i.e. either 1975 hours or 1,820 hours) multiplied by an annual credit of six days sick leave. Sick leave credits granted under this Article shall not be eligible for the work incentive as outlined in Article 29.03.
(g) All seasonal employees who have completed three (3) months of work are eligible to receive an annual credit, based on a calendar year, of three (3) days sick leave which will be paid at 100% of the regular daily rate. The maximum benefit that may be paid under this Article is three (3) days per calendar year. Sick day credits granted under this Article are not eligible for the work incentive as described in Article 29.03.
(h) All temporary employees who have completed three (3) months of work are eligible to receive an annual credit of three (3) days sick leave which will be paid at 100% of the regular daily rate. Calculation of the three (3) sick day credits will be prorated based on “term of employment” within the calendar year. The maximum benefit that may be paid under this Article is three (3) days per calendar year. Sick day credits granted under this Article are not eligible for the work incentive
36 as described in Article 29.03.
29.02 Use of Sick Pay Credits (a) The number of days or part days for which an employee receives sick pay shall be deducted from his annual credit and paid on the scale outlined in 29.01 (c) above. A regular full-time employee participating in the Employer’s group long-term disability plan shall be eligible to receive benefits under that plan after 105 days of continuous sickness or illness and will not be eligible to receive short-term disability benefits.
(b) Medical Certificates: Where, for reasons of health, an employee is absent or unable to perform his duties, the employer may require him to submit to a medical examination by a physician selected by the employer at the expense of the employer. It is understood that the attending physician will not divulge to the employer medical information but will supply a medical evaluation and explanation as to the employee's ability to fulfill the requirements of the job and attend employment on a regular basis.
(c) After five consecutive days absence caused by sickness, no sick pay shall be allowed unless a certificate of a qualified medical practitioner is forwarded to the Assistant Chief Administrative Officer or Human Resources certifying that the employee is unable to attend to official duties.
(d) An employee absent as a result of illness or accident is required to advise his immediate supervisor by telephone at the earliest possible opportunity.
(e) Sick leave credits may not be used to supplement or "top up" any other benefit to which an employee may be eligible under this Agreement.
(f) After completing his probationary period, a newly hired employee shall receive sick leave credits in accordance with the number of complete calendar months worked from the employee's last date of hire. Any days absent because of illness or accident during the probationary period, other than those which are eligible for Workplace Safety and Insurance Compensation, will be charged against this allowance and paid in full upon confirmation as a regular full-time employee.
(g) An employee is considered in full pay state while in receipt of sick pay under the above conditions as it may apply to receipt of other benefits.
37 29.03 Work Incentive (a) A work incentive of 50% of unused sick pay credits (annual six day allocation) will be paid to the employee within 15 days of the end of the fiscal period ending November 30th of each year. The incentive will be paid at a regular rate of pay as of that date to all regular employees employed at November 30th. Employees with less than one (1) year will have their share prorated to reflect the regular service hours. Payment will be subject to those mandatory deductions that apply to such payments.
(b) Any leave of absence without pay that may be granted in excess of one-month duration shall be deducted from the employee's entitlement of six sick leave credits at the rate of 1/2 day sick leave credit for each month of leave.
(c) The amount that the Employer may pay to supplement an employee's wages or salary while on Workplace Safety and Insurance benefit will be a maximum of six days pay in any fiscal year and will be deducted from the employee's entitlement.
29.04 Long-Term Disability Plan (a) All employees appointed to the regular full-time service of the Employer after January 1st, 1970 shall be required to participate in the Group Long-term Disability Plan as a term of employment and the Employer shall pay seventy-five percent (75%) of the cost of the premium. Effective July 1, 2006, the Employer-paid portion shall increase to eighty percent (80%) of the cost of the premium. The Group Long-term Disability Plan will pay employees seventy percent (70%) of their regular salary up to a maximum allowed by the terms of the insurance contract.
(b) The total benefit received from all sources by a regular full-time employee enrolled in the Group Long-term Disability Plan shall not be greater than eighty-five percent (85%) of his regular wage at the time of disability.
(c) A medical report must be filed with the insurance carriers. The insurer reserves the right to exclude the employee from an L.T.D. claim that may result from a pre-existing medical condition.
29.05 An Employee prevented from performing his regular work with the Authority due to an occupational accident that is compensable under the Workplace Safety and Insurance Act shall receive from the Authority the wages or salary he is eligible to receive from the Workplace Safety and Insurance Board
38 (WSIB), to a maximum of eighty-five (85%) percent of his pre-injury earnings, during the period of his absence from work because of such disability to a maximum of thirty (30) calendar days in any fiscal year following the date of injury. The WSIB will reimburse the Authority for these lost time wages.
ARTICLE 30 - EXPENSES
30.01 Where an employee is authorized to drive a private car on Employer business he shall be paid the current per kilometre rate as approved by the general membership of the Board of Directors of the Grand River Conservation Authority.
30.02 An employee shall be reimbursed for any authorized expenses incurred in the performance of his duties for the Employer.
30.03 Meal Allowance
Meals will be paid by the Employer when receipts for same are provided under the following circumstances: i) the employee is entertaining guests of the Employer on official business and such guests and the occasion must be identified for audit purposes; ii) the employee is attending meetings and conferences under appropriate authorization; iii) the employee is required to work beyond his normal hours of work (i.e. early morning start, late finish) to complete the project, flood watch duty, evening meetings etc.; iv) under other special circumstances with the prior approval of the Assistant Chief Administrative Officer, or the Chief Administrative Officer must approve all expense account claim forms.
30.04 Travel Costs The Employer will identify the work location for all positions but reserves the right to reassign such work without re-posting. Additional travel costs incurred by the Employee resulting from the re-assignment shall be calculated and reimbursed as per this article.
If an Employee, who is temporarily assigned to another workstation, is required to travel to incur travel costs in excess of those normally incurred in travelling to and from their home to their regular work location, the extra
39 kilometres travelled shall be reimbursed to the established rate.
When an employee is required to use their own vehicle, when temporarily assigned to a work station that is greater than 50 kilometres from their normal workstation, the employee will be reimbursed for the extra kilometres as outlined in this article and paid a premium calculated at one hour of the employee's regular wage assuming the travel occurs in addition to the normal work day.
30.05 Professional Designations, Certifications and/or License Requirements Where the requirement for a specific professional designation, certification or license is identified in the job description, the Employer will reimburse for the full cost of membership dues.
ARTICLE 31 - WAGES
31.01 Wages are as set out in Schedule 1. Schedule 1 is effective January 1, 2015.
31.02 In the event that the Employer establishes a new job or substantially and permanently changes a job to the extent that it is a new job, and the Union or the affected employee feels that the new job is incorrectly classified, the Employer and the Union shall meet to discuss the appropriate rate of pay and failing agreement on the rate of pay, the Union or the affected employee may submit their dispute to grievance and arbitration for determination. Any change, upwards or downwards in the rate awarded by arbitration, shall be retroactive to the time when the Union or the affected employee first notified the Employer in writing of their dispute with the rate set for the new job by the Employer.
31.03 Progression through the grid will be automatic on a yearly basis, except where performance is demonstrated to be unsatisfactory. In that case the increment will be withheld until performance is determined to be satisfactory. An employee must have six (6) months service to receive an increment. Seasonal, part-time and casual employees must have worked the equivalent number of regular hours as the related full-time job requires annually in order to be eligible for progression in the grid (e.g., 1,975 hours or 1,820 hours).
Employees whose original start date hired into Regular Full-Time or Temporary Full-Time position occurs on or after January 3, 2015, will progress through the grid automatically on the annual anniversary of their start date in their current position. Where an Employee is hired into a new position at a higher grade than their current position, their anniversary date
40 for the purposes of grid progression will be the start date in the new position.
31.04 If an employee is absent from work due to lay-off, authorized leave of absence (with the exception of parental, maternity, or paternity leave) sickness or accident, the employee shall continue to accrue seniority and shall not accrue service hours for the purpose of progression through the grid as set out in article 31.03. An employee must have six (6) months’ service hours at one grid step to be eligible for movement to the next grid step. It is the intention of the parties to stay in compliance with the Ontario Human Rights Code in the application of this article.
31.05 Temporary Assignments It is recognized that on occasion an employee may be assigned temporarily to a job in a higher wage range. Where an employee is temporarily assigned to assume the specific accountabilities of a job in a higher wage range for a period in excess of four (4) weeks, he will receive a wage adjustment as follows:
(1) the wage range will be the applicable wage range for the job assigned; (2) the wage rate paid to the employee for the period of the assignment will be the next higher wage to the wage he earned in his regular job.
ARTICLE 32 - TERMS OF AGREEMENT
32.01 This Agreement shall commence on the 1st day of January, 2015 and end on the 31st day of December, 2017, and shall continue from year to year thereafter unless either party gives notice in writing to the other not less than thirty (30) days nor more than ninety (90) days prior to the expiry date hereof of that party's intention to terminate this Agreement or to negotiate revisions thereto.
41 In witness whereof the parties hereto have executed this Collective Agreement at
Cambridge, Ontario on the ______day of ______, 2015.
BETWEEN:
THE GRAND RIVER THE ONTARIO PUBLIC SERVICE CONSERVATION AUTHORITY: EMPLOYEES UNION:
______Chairman President
______Chief Administrative Officer Member Negotiating Team
Witness: ______Member Negotiating Team
______Human Resources Member - Negotiating Committee
______Member Negotiating Committee
______Representative – OPSEU
42 APPENDIX 1
Matrix to Define Status and Category Priorities for Bumping Purposes
RFT SFT RPT SPT CPT RFT X X X X X SFT X X X X RPT X X X SPT X X X CPT X
RFT =Regular Full-Time SFT = Seasonal Full-Time RPT =Regular Part-Time SPT = Seasonal Part-Time CPT = Casual Part-Time
APPENDIX 2
50 km. Radius Matrix
Apps' Laurel Guelph Belwood Conestogo Byng Taquanyah Brant Mill Burford Pinehurst Cambridge Creek Lake Rockwood Elora Lake Lake Luther Byng X Taquanyah X X X X Brant X X X X X X Apps' Mill X X X X X X Burford X X X X X X Pinehurst X X X X X X X X Cambridge X X X X X X X X X X Laurel Creek X X X X X X X X X X Guelph Lake X X X X X X X X Rockwood X X X X X X X X Elora X X X X X X X X Belwood Lake X X X X X X X Conestogo Lake X X X X X X X Luther X X X X X
Cambridge = Head Office, Shade's Mill Conservation Area and Nature Centre Laurel Creek = Laurel Conservation Area and Nature Centre Guelph Lake = Guelph Lake Conservation Area and Nature Centre Rockwood=Rockwood Conservation Area and Nature Centre Belwood = Belwood Conservation Area and Nature Centre
43 SCHEDULE 1 –WAGE RANGES
2015
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 1 $12.44 $14.00 $15.55 2 $14.93 $16.79 $18.67 3 $17.66 $18.78 $19.89 $20.99 $22.08 4 $20.91 $22.21 $23.50 $24.81 $26.13 5 $23.80 $25.28 $26.75 $28.26 $29.74 6 $26.36 $27.46 $28.57 $29.67 $30.76 $31.87 $32.96 7 $29.21 $30.44 $31.67 $32.88 $34.09 $35.30 $36.52 8 $32.34 $33.69 $35.04 $36.40 $37.73 $39.09 $40.43
2016
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 1 $12.69 $14.28 $15.86 2 $15.23 $17.12 $19.04 3 $18.01 $19.15 $20.28 $21.40 $22.52 4 $21.33 $22.65 $23.97 $25.31 $26.65 5 $24.27 $25.79 $27.29 $28.83 $30.33 6 $26.89 $28.01 $29.14 $30.26 $31.38 $32.51 $33.62 7 $29.80 $31.04 $32.30 $33.54 $34.77 $36.01 $37.25 8 $32.99 $34.36 $35.74 $37.13 $38.49 $39.87 $41.24
44
2017
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 1 $12.94 $14.56 $16.17
2 $15.53 $17.47 $19.42
3 $18.37 $19.54 $20.69 $21.83 $22.98
4 $21.76 $23.10 $24.45 $25.82 $27.18
5 $24.76 $26.31 $27.83 $29.40 $30.94
6 $27.43 $28.57 $29.72 $30.86 $32.01 $33.16 $34.29
7 $30.40 $31.67 $32.95 $34.21 $35.47 $36.73 $38.00
8 $33.65 $35.05 $36.46 $37.87 $39.26 $40.67 $42.06
NOTE: JANUARY 2015- DECEMBER 31, 2015 – ALL STEPS 1.5% JANUARY 2016- DECEMBER 31, 2016 – ALL STEPS 2% JANUARY 2017- DECEMBER 31, 2017 – ALL STEPS 2%
45 SCHEDULE 2 – B.U. POSITIONS AND GRADES
Job Title Wage Grade Group Resource Planner 8 A
Aquatic & Terrestrial Ecologist 7 A Aquatic Biologist 7 A Ecologist 7 A Policy Planner 7 A Regulations Officer 7 A Senior Water Quality Advisor 7 A Water Information Specialist 7 A Water Quality Specialist 7 A Water Resources Project Coordinator 7 A Watershed Forester 7 A
Fleet Coordinator 7 B
Communications Specialist 6 A Communications Specialist Graphics 6 A Conservation Specialist 6 A Forestry Specialist 6 A Geomatics Technologist 6 A Monitoring Coordinator 6 A Natural Heritage Specialist 6 A Senior Interpreter 6 A Water Quality Technician 6 A Water Resource Analyst 6 A Water Resources Technician 6 A Water Structures Maintenance 6 A Technologist
Arborist 1 6 B Assistant Superintendent 6 B Building Services Coordinator 6 B Motor Pool Mechanic A 6 B
46
Job Title Wage Grade Group
GIS/Photogrammetry Analyst 5 A Groundwater Technologist 5 A
Restoration Specialist 5 A
Resource Planning Technician 5 A
Water Forum Coordinator 5 A
Arborist II 5 B Mechanic B 5 B
Parks Operations Tech-Luther, Shade’s 5 B
Skilled Labourer Construction 5 B
Maintenance & Construction Operator 4 B Maintenance Assist. - Head Off. 4 B Nursery Technician 4 B Parks Operation Technician 4 B
Interpretive Program Guide 3 A
Lead Hand 3 B Semi-skilled Groundsworker 3 B Semi-skilled Labourer 3 B Senior Customer Service Rep 3 B
Labourer 2 B Cleaner 1 B
Current Bandwidths are amended as follows:
Grade 8 – 391-440 Grade 7 – 341-390 Grade 6 – 291-340 Grade 5 – 241-290 Grade 4 – 191-240 Grade 3 – 141-190 Grade 2 - 91-140
47
LETTER OF UNDERSTANDING #1 – OVERTIME
between
Grand River Conservation Authority (The Employer )
and
Ontario Public Service Employees Union (The Union) Representing Local 259
Management recognizes that from time to time overtime may be required and when possible such overtime will be pre-approved.
There will be other times when such pre-approval is not possible. When this is the case overtime incurred for work required outside of normal hours will be subsequently reviewed for appropriateness and approved.
Management and staff will develop a mutual understanding of what types of situations call for overtime worked without prior approval and based on this understanding, approval of such overtime would not normally be withheld.
RENEWED THIS _____ DAY OF ______, 2015
FOR THE UNION FOR THE EMPLOYER
______Neil Fraser Keith Murch, GRCA OPSEU Staff Representative Assistant CAO/Secretary Treasurer
48
LETTER OF UNDERSTANDING #2: EARLY RETIREMENT BENEFITS
Between
Grand River Conservation Authority (The Employer)
And
Ontario Public Service Employees Union (The Union) Representing Local 259
Should the Employer find it feasible, during the term of this contract, to offer an early and/or post retirement program to employees within the Authority, that same benefit program shall be made available to qualifying bargaining unit employees.
The Union will be informed through E.E.R.C. prior to the implementation of the benefit.
Qualifying requirements may be inclusive but not limited to: age, length of service and contributions to O.M.E.R.S. and will be subject to the benefit program qualifying terms.
RENEWED THIS DAY OF 2015
FOR THE UNION FOR THE EMPLOYER
______Neil Fraser Keith Murch, GRCA OPSEU Staff Representative Assistant CAO/Secretary Treasurer
49
LETTER OF UNDERSTANDING #3: JOINT BENEFITS COMMITTEE
Between (not renewed)
Grand River Conservation Authority (The Employer)
And
Ontario Public Service Employees Union (The Union) Representing Local 259
During the course of negotiations, the parties expressed a mutual interest in advancing the level of understanding among staff with respect to our employee benefit plan. It is agreed that the Employee Relations Committee will act as Joint Benefits Committee and they will meet on an annual basis, or as frequently as required, to:
. Review and discuss the current plan design. . Determine the best means to communicate benefits information to staff to help all staff become more knowledgeable with respect to the current plan. . Prior to the quotation process, seek input from staff regarding the pros and cons of the current plan and options available and make recommendations with respect to actions that can be taken to ensure we are getting good value. . Review and discuss the results of the quotations process.
Further, the Employer agrees to request quotations for benefits during the life of this Collective Agreement and will approach the OPSEU Joint Benefits Trust about providing a quote on the plan.
RENEWED THIS _____ DAY OF ______, 2015
FOR THE UNION FOR THE EMPLOYER
______Neil Fraser Keith Murch, GRCA OPSEU Staff Representative Assistant CAO/Secretary Treasurer
50
LETTER OF UNDERSTANDING #4: EXTRA HOURS OF WORK
Between
Grand River Conservation Authority (The Employer)
And
Ontario Public Service Employees Union (The Union) Representing Local 259
In accordance with section 17 of the Employment Standards Act 2000, the parties agree as follows:
The above-named parties agree that the positions named below may work more than 8 hours in a day and 48 hours in a week, but not more than 60 hours in a week.
Conservation Areas Assistant Superintendent Parks Operations Technician Lead Hand – Groundskeeper
Nursery Operations Nursery Technician Labourer – Nursery
Central Services Arborist I Arborist II Maintenance & Construction Operator Building Services Coordinator Mechanic A Mechanic B Water Structures Maintenance Technologist Maintenance Assistant – Head Office Labourer – Central Services Semi-skilled Labourer – Groundsworker Semi-skilled Labourer Skilled Labourer – Construction Resource Management Forestry Specialist
51
Conservation Specialist Watershed Forester Natural Heritage Specialist Restoration Specialist
Duty Officers Resource Planner Water Resources Technician Water Information Specialist Water Resources Project Coordinator
For the purposes of determining overtime entitlement, the Overtime Averaging Agreement shall apply and subject to the Overtime Averaging Agreement, overtime will be paid in accordance with Article 22.01 and 22.04 of the Collective Agreement.
Article 22.01 states “Time and one-half an employee’s straight-time hourly rate shall be paid for all hours worked in excess of forty-four (44) hours worked in a regular workweek.”
Article 22.04 states “Employees may opt for equivalent time off in lieu of pay for overtime…”
For greater clarity this agreement is not intended to change any existing arrangement.
This agreement shall continue to operate at all times that the collective agreement is in operation.
RENEWED THIS _____ DAY OF ______,2015
FOR THE UNION FOR THE EMPLOYER
______Neil Fraser Keith Murch, GRCA OPSEU Staff Representative Assistant CAO/Secretary Treasurer
52
LETTER OF UNDERSTANDING #5: OVERTIME AVERAGING AGREEMENT
Between
Grand River Conservation Authority (The Employer)
And
Ontario Public Service Employees Union (The Union) Representing Local 259
In accordance with section 22 of the Employment Standards Act 2000, the parties agree as follows:
For the purposes of payment of overtime pay, employees’ entitlement will be determined by averaging their hours of work over a period of two (2) weeks.
The Employer will pay employees subject to this agreement overtime pay only if the average number of hours worked each week exceeds 44 hours (the “threshold”). For each average hour in excess of the threshold, the employee will be paid at time and one half or, at the employee’s option, time off in lieu of overtime pay at a rate of one hour and one-half hour off for each average hour worked in excess of the threshold.
RENEWED THIS _____ DAY OF ______, 2015
FOR THE UNION FOR THE EMPLOYER
______Neil Fraser Keith Murch, GRCA OPSEU Staff Representative Assistant CAO/Secretary Treasurer
53
LETTER OF UNDERSTANDING #6 POST SECONDARY CO-OPERATIVE STUDENTS
Between
Grand River Conservation Authority (The Employer)
And
Ontario Public Service Employees Union (The Union) Representing Local 259
Employees employed at the GRCA though post-secondary co-operative education program and performing work of the bargaining unit shall be considered union employees as per this Collective Agreement.
In recognition of the unique circumstances of these positions, they will be exempt from requirements in Article 18 – Job Posting and Article – Job Security. The wage rate may be determined based on the relevant post-secondary institutions co-op wage range. The Union will be notified at least a week in advance of all new co-op hires and the applicable wage range for the position
RENEWED THIS _____ DAY OF ______,2015
FOR THE UNION FOR THE EMPLOYER
______Neil Fraser Keith Murch, GRCA OPSEU Staff Representative Assistant CAO/Secretary Treasurer
54
LETTER OF UNDERSTANDING #7: CASUAL EMPLOYEE SCHEDULING
Between
Grand River Conservation Authority (The Employer)
And
Ontario Public Service Employees Union (The Union) Representing Local 259
The parties agree to create a committee composed of three (3) Union employees, one (1) of which will include a Union casual employee and up to three (3) Management employees to discuss a fair and equitable scheduling protocol that will address issues of availability and how minimum shifts/hours are incorporated. Further, it is understood and agreed that either party may bring a reference person to Committee meetings.
RENEWED THIS _____ DAY OF ______,2015
FOR THE UNION FOR THE EMPLOYER
______Neil Fraser Keith Murch, GRCA OPSEU Staff Representative Assistant CAO/Secretary Treasurer
55
LETTER OF UNDERSTANDING #8: CONSERVATION AREAS WINTER SCHEDULING
Between
Grand River Conservation Authority (The Employer)
And
Ontario Public Service Employees Union (The Union) Representing Local 259
Prior to November 15th annually, the parties will meet to discuss winter scheduling. The Union will advise the Employer of its representatives.
DATED THIS _____ DAY OF ______, 2015
FOR THE UNION FOR THE EMPLOYER
______Neil Fraser Keith Murch, GRCA OPSEU Staff Representative Assistant CAO/Secretary Treasurer