Collective Agreement
Between:
Canadian Mental Health Association Waterloo Wellington Dufferin Branch
(the “Employer”)
And
Ontario Public Service Employees Union, Local 291
(the “Union”)
Expiry: March 31, 2017
TABLE OF CONTENTS
Page #Article 1 / Purpose of Agreement / 3
Article 2 / Scope and Recognition / 3
Article 3 / Management Rights / 3
Article 4 / No Discrimination, Harassment / 4
Article 5 / Violence and Harassment in the Workplace / 4
Article 6 / No Strikes and Lockouts / 5
Article 7 / Union Security and Dues Deduction / 5
Article 8 / Union Representation and Committees
- Union Stewards
- Union Bargaining Committee
- Labour Management Committee
Article 9 / Types of Employees / 7
Article 10 / Hours of Work / 8
Article 11 / Notice of Absence / 9
Article 12 / Premium Pay / 9
Article 13 / Seniority / 10
Article 14 / Layoff and Recall / 11
Article 15 / Technological Change / 13
Article 16 / Job Posting / 13
Article 17 / Grievance and Arbitration Procedure / 14
Article 18 / Leaves of Absence
- Bereavement Leave
- Personal Emergency and Sick Leave
- Jury Duty
- Education Leave
- Union Leaves
- Unpaid Leaves
- Personal Emergency Leave
- Family Medical Leave
Article 19 / Health and Safety / 20
Article 20 / Bulletin Boards / 21
Article 21 / Vacations / 21
Article 22 / Public Holidays / 23
Article 23 / Benefit Plans / 23
Article 24 / Expenses / 25
Article 25 / Wages / 26
Article 26 / National Day of Mourning / 26
Article 27 / Job Sharing / 26
Article 28 / Discipline Record / 26
Article 29 / Collective Agreement Copies / 27
Article 30 / Duration / 27
Letters of Understanding:
Labour Management Committee / 28
Wage Harmonization / 29
Schedule “A” Wages / 31
ARTICLE 1 – PURPOSE OF AGREEMENT
1.01The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and the Union, to establish and maintain mutuallysatisfactory working conditions and compensation for all Employees covered by this agreement, and to provide a mechanism for the timely disposition of grievances.
ARTICLE 2 – SCOPE AND RECOGNITION
2.01The Canadian Mental Health Association, Waterloo Wellington Dufferin Branch recognizes the Ontario Public Service Employees Union as the sole and exclusive bargaining agent of all employees employed by Canadian Mental Health Association Waterloo Wellington Dufferin Branch in the Regional Municipality of Waterloo and the Counties of Wellington and Dufferin save and except team leaders/supervisors, persons above the rank of team leader/ supervisor, persons employed in a confidential capacity in matters relating to labour relations, members of the medical profession entitled to practice in Ontario and employed in a professional capacity, Special Services at Home staff, Supporting Kids in Camp Counselors and Students employed during the school vacation period.
Further to the above, specific positions excluded include the Finance Coordinator, Finance Accountant III.
2.02Employees not covered by the terms of this Agreement will not perform duties normally assigned to those who are covered by this Agreement, except in emergency situations and for instructional/training purposes and in client matters when employees require additional support.
2.03The Employer will supply the OPSEU Staff Representative and the Local President or designate with a list of supervisory personnel. This list will be updated when changes occur.
2.04The Employer shall not enter into any individual agreements with bargaining unit employees either verbal or written without the consent of the Union.
2.05Volunteers and students play an important role in the agency and will be afforded meaningful opportunity for unpaid participation. Volunteers and students are intended to supplement and support, rather than supplant, employees of CMHAWWD.
It is recognized that the agency may use volunteers and students in assistive functions, in peer roles and within the provision of services. However, it is not the intent of this provision to have these individuals substitute for absent employees, fill any temporary vacancies, cause lay-offs, or fill any permanent vacancies or any newly created bargaining unit positions.
It is understood that the current practice regarding the use of volunteers and students, as of the date of execution of this Agreement, is consistent with the above.
ARTICLE 3 – MANAGEMENT RIGHTS
3.01The Union recognizes and acknowledges that all management rights, including but not limited to the right to manage the operation and direct the work force, are vested exclusively in and shall remain solely with the Employer except as specifically limited by a provision of this Agreement. Without limiting the foregoing, the Union acknowledges that it is the exclusive function of the Employer subject to an express provision of this Agreement to:
a)maintain standards, order, discipline and efficiency;
b)hire, rehire, classify, lay-off, recall, discipline, suspend and/or discharge any employee for just cause provided that a claim by an employee who has been disciplined or discharged may be the subject of a grievance and/or arbitration and dealt with as provided in this Agreement;
c)make, enforce and alter from time-to-time rules, regulations, policies and procedures to be observed by the employees, in a manner that is not arbitrary, discriminatory or in bad faith;
d)plan, assign, schedule, supervise, direct and control all work performed;
e)make such decisions as the Employer deems necessary to fulfill its mandate to serve the needs of clients including, without limiting the generality of the foregoing, to determine and establish standards and procedures for and related to the care, welfare, rehabilitation, safety and comfort of clients.
ARTICLE 4 – NO DISCRIMINATION, HARASSMENT
4.01The Employer, employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code and agree that there shall be no discrimination or harassment against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, family status, marital status and disability.
4.02It is understood that nothing contained in 4.01 limits the right of an employee to grieve in accordance with the procedure as set forth in Article 17 Grievance Procedure.
4.03The Union agrees that there will be no intimidation, interference, restraint or coercion exercised or practiced upon employees of the Employer by any of its members or representatives and there will be no solicitation for membership or other Union activity on the premises of the Employer during an employee’s working hours except as otherwise provided in this Agreement. The Employer agrees that there will be no discrimination against any employee by reason of membership or activity in the Union.
ARTICLE 5 – VIOLENCE AND HARRASSMENT IN THE WORKPLACE
5.01Every employee within CMHAWWD has the right to work in an environment free of harassment and supportive of productivity, dignity, and respect.
5.02Violence in the workplace shall be as defined by the Ontario Occupational Health and Safety Act, as amended.
5.03All CMHAWWD staff have a responsibility to play a part in ensuring that the working environment is free from harassment. Any employee who believes that another employee has experienced or is experiencing harassment is encouraged to notify a manager.
5.04All CMHAWWD staff are expected to model the positive behaviours set out in this Article; not to engage in any form of harassment; to actively create a climate of understanding and mutual respect. In addition, managers and supervisors are expected to be responsive to concerns and complaints to take appropriate steps to ensure a harassment-free workplace.
5.05The Employer shall provide training to all employees regarding violence in the workplace as required under the Occupational Health and Safety Act, as amended.
ARTICLE 6 – NO STRIKES OR LOCKOUTS
6.01There shall be no strikes or lock-outs for the term of this agreement as provided in the Ontario Labour Relations Act, as amended.
ARTICLE 7 – UNION SECURITY AND DUES DEDUCTION
7.01The Employer will supply the Local President or designate with the names of any new employees. New employee(s) will attend a Union orientation, scheduled in conjunction with the Employer's orientation program, with the Union Steward or alternate of up to fifteen (15) minutes during regular working hours on site without loss of earnings for the purposes of acquainting the new employee with the benefits and duties of Union membership and the employee's responsibilities and obligations to the Employer and the Union as per the Collective Agreement. The employee will be given a copy of the Collective Agreement. Such meeting will be mutually scheduled between the Union Steward or alternate, the Employer and the new employee(s). The meeting may be conducted on an individual or collective basis.
7.02The Employer will supply the Union bi-annually all bargaining unit employees' names, classifications and current addresses.
7.03The Employer agrees to deduct on a monthly basis from the wages due to each employee covered by this Agreement from commencement of employment, a sum equal to the regular Union dues payable by the members of this Union. In addition, the Employer shall deduct Union dues from any retroactive wage payments. The Employer shall remit the total amount of such deductions to the Accounting Department of the Union at 100 Lesmill Road, North York Ontario, not later than the 15th day of the following month that the deductions were made. The remittance shall be accompanied by a list of the names, addresses and Social Insurance Numbers of the employees from whose wages the deductions have been made. The list shall clearly indicate changes to employment status (i.e. new hires, terminations and leaves of absence).
7.04The Employer shall commence deduction of Union dues effective the date of ratification of this Collective Agreement.
7.05The Union shall notify the Employer in writing of the amount of its regular dues. The amount specified shall continue to be deducted until changing by further written notice to the Employer.
7.06The Employer will provide each person in the bargaining unit a T-4 slip for income tax purposes which includes the amount of the dues deducted in the previous year.
7.07The Union agrees to save the Employer harmless and to indemnify the Employer with respect to any claim made against the Employer by any employee or group of employees arising out of the deduction of union dues as herein provided.
7.08It will be the responsibility of employees to immediately provide written notification of any changes in their address and telephone contact number(s) to the Employer.
ARTICLE 8 – UNION REPRESENTATION ANDCOMMITTEES
8.01 Union Stewards
The Employer agrees to recognize Union Stewards elected or appointed from among the employees in the bargaining unit for the purpose of representing employee(s) and to process grievances or complaints as outlined in the grievance procedure of this Agreement.
8.02 The Employer shall not be required to recognize stewards until such time as it has been notified in writing of their appointment by the Union.
8.03 The Union acknowledges that the stewards have regular duties to perform on behalf of the Employer. Such persons shall not leave their regular duties without receiving permission from their supervisor and shall advise their supervisor of the nature of his/her business, approximate duration and report back to such supervisor at the time of his/her return to work. Such permission shall not be unreasonably denied.
8.04
a)Meetings involving grievances, complaints or performance issues shall be at times andplacesagreed to between the Union and the Employer.
b)Time spent during a steward’s normal hours of work on the activities listed in Article 8.01 above shall be paid at his/her regular rate. No pay will be received for any time spent outside a steward’s normal hours of work, unless mutually agreed.
8.05 When a meeting is identified to be disciplinary in nature, an employee is entitled to be represented by a Union steward.
8.06 Union Bargaining Committee
a)The Union Bargaining Committee shall be comprised of up to five (5) bargaining unit employees along with a full time staff member of the Union for the purposes of amending and renewing the present Agreement. The Union shall advise the Employer of the Union nominees to the committee.
b) The Employer shall also release negotiating team members from duty for preparation time.
c)The union must give at least ten (10) working days’ notice in writing to the Employer. During such leave of absence, an employee’s salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer the amount of the full cost of the employee’s wages and benefits.
d)Union Bargaining Committee members shall receive their regular rate of pay for all time spent bargaining. No overtime will be paid or time in lieu accrued for time spent in Committee meetings nor shall time spent in such meetings be used in calculating whether an employee is entitled to overtime pay or time in lieu.
e)The Employer will pay the cost of the Union Negotiating Committee members to attend up to ten (10) days of negotiations of this Collective Agreement.
f)The Employer will bill the Union monthly for 100% reimbursement by the Union for the wagesand benefits paid to such members for any days in excess of the above.
8.07Labour Management Committee
a)Both parties agree to create a Labour Management Committee consisting of five (5) Union representatives and five (5) management representatives.
b)The purpose of the committee is to discuss and resolve issues, concerns and other matters that either the Union or the Employer may raise. Meetings will be held on a regular basis at a time that is mutually agreed upon. The committee shall not have the power to alter, amend or modify the specific terms of the Agreement.
c)It is understood that either party may be represented or assisted by an outside representative at any meeting of the Committee.
Union committee members shall receive their regular rate of pay for all time spent in meetings. No overtime will be paid or time in lieu accrued for time spent in Committee meetings nor shall time spent in such meetings be used in calculating whether an employee is entitled to overtime pay or time in lieu.
ARTICLE 9 - TYPES OF EMPLOYEES AND DEFINITIONS
9.01For the purpose of this Agreement, the parties agree that “employees” relate to the following types of employees:
a)“Full-time employees” shall refer to an employee regularly scheduled to work thirty-five (35) hours per week.
b)“Part-time employees” shall refer to an employee regularly scheduled to work less than thirty-five (35) hours per week.
Note: In addition to the above, any employees in full time positions regularly scheduled for hours different from thirty-five hours per week will continue to be considered full time under this agreement.
c)Casual Employees:
i)“Relief employee” shall refer to an employee hired on an as needed basis to provide coverage when regular full or part time employees are not working their regularly scheduled shifts, or when additional work is available. Relief staff shall only work relief within the classification for which they were hired unless mutually agreed.
ii) “On-call employee” shall refer to an employee who consents to being on the on-call roster and is assigned on the schedule to cover, as necessary, evening, night and weekend/holiday hours. On-call employees are responsible to advise of their availability.
A “contract employee” is an employee who is hired on a fixed term basis, not to exceed twelve (12) months, unless mutually agreed between the Employer and the Union.
Contract employees in the bargaining unit shall be covered by the terms and conditions of this agreement save and except all time-off credits; health and welfare benefits; and pension plan, all of which will be granted according to the Employment Standards Act, 2000. Such employee shall have no right to grieve discharge upon the expiry of their contract. In the event that a contract employee becomes a regular bargaining unit employee, such employee will be credited with seniority for their time worked and placed on the pay grid accordingly.
9.02The Employer’s use of casual employees shall not result in a lay-off of regular full-time and part-time employees.
9.03It is agreed that the word “employee” or “employees” wherever used in this Agreement, shall be deemed to refer only to an employee or employees in the bargaining unit as hereinbefore defined and where the feminine pronoun is used in this Agreement, it shall be deemed to include the masculine pronoun, and vice-versa, where the context so requires.
9.04The parties agree that unless specifically referenced within the clause or Collective Agreement, all language contained within this Collective Agreement will pertain to all Bargaining Unit employees.
ARTICLE 10 - HOURS OF WORK
10.01The provisions of this Article are intended to define the normal hours of work per week.
10.02a)Hours of work – Full-time Employees
The regular work week shall consist of thirty-five (35) hours per week and the regular workday will consist of seven (7) hours a shift, unless mutually agreed.
Notwithstanding the above, extended shifts of longer than seven (7) hours may be scheduled based on service requirements, if mutually agreed.
b)Hours of work – Part-time Employees
The regular work week for Part-time employees shall consist of less than thirty-five hours per week and the regular workday will consist of up to seven (7) hours a shift, unless mutually agreed.
c)Hours of work – Casual Employees
The hours of work for a Casual employee shall be on an as needed basis as scheduled by the Employer.
Due to the nature of the Casual employee’s role, it is required that each casual employee will submit their availability to the Employer upon hire, and update as needed. Such availability shall be submitted at least four (4) weeks in advance of the posting of the schedule.
10.03Employees shall be entitled to a one-hour unpaid meal break during each shift which exceeds five hours in duration.
10.04Each employee working a shift which is seven (7) hours or longer is also permitted to take two paid 15 minute breaks throughout the day. Employees working less than seven (7) hours per shift shall be permitted to take one paid 15 minute break. Breaks are not to be combined and/or taken at the end of the work day. If not used, the time is forfeited and shall not be considered compensatory time.
10.05All employees may flex their hours of work on occasion in order to address their personal needs provided such flexible working arrangements do not interfere with the operation of the Employer and are pre-approved by the employee’s direct supervisor. Flex time arrangements shall not be unreasonably denied.