Well Being Seniors Services Ltd

COLLECTIVE AGREEMENT

between:

Well Being Seniors Services Ltd.

(WilliamsLakeSeniorsVillage)

(Hereinafter referred to as the “Employer”)

and:

United Steelworkers of America

LOCAL 1-425

(Hereinafter referred to as the “Union”)

ARTICLE 1 PURPOSE & GENDER

ARTICLE 2 RECOGNITION

ARTICLE 3 NO STRIKE OR LOCKOUTS

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 UNION SECURITY

ARTICLE 6 UNION REPRESENTATION

ARTICLE 8 BULLETIN BOARDS

ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE 10 PROBATIONARY EMPLOYEES

ARTICLE 11 SENIORITY

ARTICLE 13 JOB POSTING

ARTICLE 14 HOURS OF WORK, OVERTIME AND SCHEDULING

ARTICLE 15 PAYMENT OF WAGES

ARTICLE 16 LEAVES OF ABSENCE

ARTICLE 17 SICK LEAVE

ARTICLE 18 PAID HOLIDAYS

ARTICLE 19 VACATION

ARTICLE 24 DURATION

ARTICLE 1 PURPOSE & GENDER

1.01The general purpose of this Agreement is to establish and maintain orderly collective bargaining procedures between the Employer and the Union. The Parties to the agreement share a desire to provide the highest quality and efficiency of services to the residents of WilliamsLakeSeniorsVillage. Accordingly, they are determined to establish, within the framework provided by law, an effective relationship at all levels in which members of the bargaining unit are employed.

1.02Usage of the feminine in this agreement is for convenience only and will refer to both male and female employees wherever the context logically permits.

Similarly, where the singular is used it includes the plural and vice versa.

ARTICLE 2RECOGNITION

2.01The Employer recognizes the Union as the sole and exclusive Bargaining Agent for all employees covered by this certification at WilliamsLakeSeniorsVillage (“the Facility”).

2.02Persons outside the bargaining unit will not perform any of the functions customarily performed by bargaining unit employees where such could in itself result in the reduction of hours of work or layoff of bargaining unit members.

ARTICLE 3NO STRIKE OR LOCKOUTS

3.01The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lockouts during the terms of this agreement. The meaning of the words “strike” and “lock-out” shall be defined as in the Labours Relation Code.

ARTICLE 4MANAGEMENT RIGHTS

4.01The Union acknowledges that it is the exclusive function of the Employer to operate and manage the Facility in all respects and:

a)to maintain order, discipline and efficiency and to make, alter and enforce policies and procedures, job descriptions and routines to be observed by the employees, to reflect the changing needs of the residents;

b)to hire, classify, direct, promote, demote, transfer, increase and decrease staffing levels and to discipline and discharge for just and reasonable cause; and,

c)to determine the services to rendered, the methods, the work procedures, the kind and locations of machines, tools, instruments and equipment to be used; to select, control and direct the use all materials required in the operation of the Facility; to direct and schedule the work and services to be provided and performed and to make, alter and enforce regulations

governing the use of materials, equipment, work and services; and will exercise these rights in a fair and consistent manner.

Without restricting or limiting the generality of the foregoing, the Employer retains all rights and privileges and responsibilities of management not specifically relinquished or modified by this agreement.

4.02The Union acknowledges that the Employer has workplace policies set out in the Employee Handbook which apply to bargaining unit members. These policies are subject to change at the Employer’s sole discretion.

ARTICLE 5UNION SECURITY

5.01 a)All employees are required to acquire and maintain membership in the Union as a condition of continued employment.

b)New employees will become Union members upon completion of their probationary period.

5.02 a)Employees will pay their Union initiation fee, monthly dues and assessments through payroll deductions which will be made by the Employer and remitted to the Union’s Financial Secretary by the last day of the month following the month in which the deductions are made.

With each remittance the Employer will include an itemized statement showing each employee=s name in full, listed in alphabetical order, individual amounts and the total.

b)The amount of monthly dues, fees, assessments and any changes thereto, will be certified in writing by the Union.

Regular monthly dues will be divided and deducted according to regular pay periods. Any deductions which are missed will be made up the next pay period.

5.03The Union will accept full responsibility in respect of any claims or liability, arising out of the correct application of this article.

5.04Check-off

The Employer shall require all new employees at the time of hiring to execute the following assignment of wages in duplicate, the forms to be supplied by the Union, said forms to be forwarded to the Union not later than fifteen (l5) calendar days following the date of hiring.

ARTICLE 6UNION REPRESENTATION

6.01 a)The Union will be represented by a Committee comprised of two (2) Stewards, one (1) of whom will be the Chairperson of the Union Committee.

b)Stewards will be selected by the Union amongst employees who have completed their probationary period. Their names and effective date of office will be communicated to the Employer in writing by the Union.

c)Alternate Stewards may be selected in the same manner as the need arises for temporary replacement of regular Stewards.

d)The Union Committee may be assisted or represented by the representatives from the Local and / or National levels of United Steelworkers of America in any matter or proceeding, in connection with the Agreement.

6.02The Union Committee and the Employer will meet as required by both parties, to deal with any serious matter pertaining to the application, interpretation and administration of this agreement with the Employer’s prior approval which shall not be arbitrarily or unfairly withheld.

6.04The Union Bargaining Committee will be comprised of the Union Chairperson and one (1) Steward.

6.05Union stewards shall be paid at regular straight time wages for time spent while attending Union/Management meetings. This article shall not result in overtime payment.

ARTICLE 7 HEALTH & SAFETY

7.01 Joint Health and Safety Committee

The Employer and the Union shall establish and maintain a Joint Health and Safety Committee and will ensure compliance with current legislation on occupational health and safety and dangerous substances.

The Health and Safety Committee will be comprised of an equal number of management representatives and elected or volunteer Union members. Meetings of this committee will be held monthly or as otherwise required by either party. Employees on the Health and Safety Committee shall be paid at regular straight time wages for time spent at Committee meetings. This article shall not result in overtime payment.

ARTICLE 8BULLETIN BOARDS

8.01The Employer will provide an adequate bulletin board, in the Staff Room of the Facility, for the posting, upon prior approval in writing of the Employer, of Union notices and bulletins which shall be signed and dated by a Union Steward or Representative of the Local Union.

ARTICLE 9GRIEVANCE AND ARBITRATION PROCEDURE

9.01A grievance is defined to be any difference between the parties hereto or between the Employer and any employee, involving the interpretation, application, administration or alleged violation of any of the provisions of this agreement.

9.02Once a grievance has been submitted in writing it will be dealt with in writing at every stage thereafter.

9.03 Grievance Procedure

Step 1 In the first step of the grievance procedure, every effort shall be made to settle the dispute with the General Manager. The aggrievedemployee must discuss the matter with the General Manager within five (5) days ofbecoming aware of the action or circumstance giving rise to the grievance. The employee may be accompanied by a Union Steward, at her discretion.

Step2If a settlement is not reached within five (5) days of the Step 1 discussion, the alleged grievance may be submitted to the General Manager in writing.

The General Manager shall deliver her decision in writing within five (5) days following the presentation of the grievance to her. Within ten (10) days after the decision is given, the employee may proceed to the next Step.

Step3The President of the Union, or designate, may present a grievance at Step 3 to the General Manager or the representative designated by the Employer to handle grievances at Step 3. The representative shall reply in writing to the grievance within fourteen (14) days of receipt of the grievance at Step 3.

If a settlement is not reached at Step 3, the matter may be referred to arbitration within thirty (30) days of submission of the grievance at Step 3.

9.04A grievance pertaining to the suspension or discharge of an employee will be submitted at Step 2 of the grievance procedure within ten (10) days from the effective date of such suspension or discharge.

9.05A grievance arising directly between the Employer and the Union may be initiated by either party at Step 2 of the procedure within fifteen (15) days from having knowledge of the event or circumstances giving rise to such alleged grievance.

9.06Union stewards shall be paid for reasonable time spent investigating and processing grievances under this Article. Stewards shall make every effort to perform the duties of a steward outside of normal working hours. Any Employer paid time must first be approved by the General Manager.

9.07Saturdays, Sundays and holidays are excluded from time limits above. Time limits may be modified by mutual agreement between the parties.

9.08Arbitration Procedure

(a) Where a grievance is referred to Arbitration, it shall be heard by a sole arbitrator who is mutually agreed upon between the Employer and the Union.

(b) The arbitrator will have no authority to alter, change or modify any of the terms and conditions of this agreement. The decision of the arbitrator shall be final, binding and enforceable on the Parties, and will have the authority to sustain, alter, amend or reverse a discharge or any other disciplinary measure by any arrangement deemed just and equitable.

(c) Each party to this agreement will share equally in paying the fees and expenses of the arbitrator.

ARTICLE 10PROBATIONARY EMPLOYEES

10.01 Probationary Period

All new and rehired regular employees are required to serve a probationary period during the first three (3) months after their date of hire. Significant absences during the probationary period will extend the period by the length of the absence, at the Employer’s discretion. All casual employees are required to serve a probationary period of 450 hours.

10.02 The purpose of the probationary period is to provide a time period during which new employees can evaluate their new job responsibilities while, at the same time, providing the Employer with the opportunity to assess their suitability in the position. A probationary employee may be terminated by the Employer at their sole discretion.

10.03 The Union Committee will be advised in writing of newly hired employees and when their probationary period is completed.

10.04 Acquaintance of New Employees

A Union Steward will be given the opportunity to interview each new post-probationary employee within regular working hours, without loss of pay, for a maximum of thirty (30) minutes sometime during the first thirty (30) days of employment for the purpose 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, at a time that does not interfere with the care of residents.

ARTICLE 11SENIORITY

11.01The Employer recognizes and will apply the principle of seniority. An employee’s seniority shall not be recognized until the employee has successfully completed her probationary period. Upon completion of the probationary period, the seniority date will be the employee’s date of hire. Casual employees’ seniority shall be calculated based upon the actual numbers of hours worked, not including overtime hours.

11.02 For each 1825 hours worked by a Casual employee, that employee shall be credited with one (1) years seniority and the maximum seniority that a Casual employee can accrue for each twelve (12) months of employment is one (1) year.

11.03 Layoff and Recall

In case of layoff, employees shall be laid off by classification in the reverse order of seniority. Employees shall be recalled to available work in order of their seniority, provided they are qualified and are able to perform the duties.

11.04 Seniority Lists

A seniority list shall be posted in January and July of each year and shall include both Full Time and Part Time employees. This listing will include employee=s name, date of hire and position classification. A separate seniority list shall be kept for casual employees and will be updated monthly.

ARTICLE 12 DEFINITION OF EMPLOYEE

12.01A regular full-time employee is one who is appointed to a regularly scheduled position and is regularly scheduled to work seven and one-half (7 ½) hours per shift and not less than an average of thirty five (35) hours per week and not more than thirty seven and one-half (37 ½) hours per week, exclusive of unpaid meal periods.

12.02 A regular part-time employee is one who is appointed to a regularly scheduled position and is regularly scheduled to work less than thirty five (35) hours per week, exclusive of unpaid meal periods.

12.03 A casual employee is one who is employed on an ‘on call’basis to cover the absences of regular employees and to augment staff during peak periods.

ARTICLE 13JOB POSTING

13.01 Posting Period

When a vacancy occurs within the bargaining unit, it shall be shall posted for a period of seven (7) calendar days during which time employees shall have an opportunity to apply in writing.

13.02 Awarding of Postings

In considering applications, the vacancy will be awarded on the basis of qualifications, skills, experience, and personal suitability. When these factors are considered equal by management, seniority will be the deciding factor.

13.03 Trial Period

The successful applicant shall be on a trial period for thirty (30) working days. During this trial period the employee may return to her former position, for justifiable reasons or the Employer may return the employee to her former position, for justifiable reasons, without loss of seniority. Any other employee affected shall revert accordingly.

13.04 Successful Applicant

The successful applicant’s name shall be posted when the position is awarded and they shall begin in the position no more than five (5) days after such posting, unless mutually agreed by the employee and the Employer.

13.05 Split Postings

The Employer is under no obligation to split postings.

13.06 Temporary Appointments

A temporary appointment is defined to be an appointment to a regular position for a period not exceeding thirty (30) days, unless otherwise mutually agreed to by the parties.

During the effective period of a temporary appointment, the employee will be paid at her regular rate or the rate of the job which she is temporarily appointed to, whichever is greater. This does not apply where the employee accepts a position as a result of being the successful applicant on a job posting in which case she will be paid the rate in effect for the job she has been awarded.

ARTICLE 14HOURS OF WORK, OVERTIME AND SCHEDULING

14.01 The regular hours of work will be as scheduled.

14.02 Work schedules covering a four (4) week period will be posted seven (7) days in advance.

14.03 Any requests made for days off after the schedule is posted may be done by mutual shift exchange and approved by the General Manager. Alternatively, days off may be requested as unpaid leave of absence days and approved by the General Manager.

14.04 In the event an employee is called into work on a regularly scheduled day off, she shall be entitled to a minimum of four (4) hours work or the number of hours regularly scheduled if less than four (4) hours. When an inequity is shown to have happened in a call-in replacement, the employee will be offered to work the equal numbers of hours to the shift missed.

14.05 If an employee reports for work as scheduled but for whom no work is available or because a change was made in the schedule without notifying the employee in advance, she shall be entitled and required to work six (6) hours or the number of hours scheduled if less than six (6) hours.

14.06 An employee who fails to report for duty for three (3) consecutive work days without informing the Employer of the reason for her absence will be presumed to have abandoned her position. An employee shall be afforded the opportunity to rebut such a presumption and demonstrate that there were reasonable grounds for not having informed the Employer.

14.07Overtime premiums will be paid for hours worked by an employee in excess of a full-time shift per day. All overtime hours must be authorized by the General Manager or designate prior to being worked. Employees will be paid 1.5 times the regular wage for the first 3 hours worked beyond a full-time shift, and 2.0 times the regular wage for hours worked thereafter. Full-time and part-time employees will be paid 2.0 times the regular wage for all hours worked on a day of rest. There shall be no pyramiding of overtime pay, sick leave pay and paid holiday pay.

14.08 Call-ins shall occur based on seniority as is practical to schedule. For any call-ins required within 48 hours of shift, the Employer’s sole obligation shall be to call down the seniority list until an employee indicates they are willing to assume the shift and the Employer is under no obligation to leave messages, call back persons etc. The Employer is under no obligation to call an employee whose additional hours of work may result in overtime wages.

14.09 All Casual employees shall be required to submit in the form prescribed by the Employer, a schedule of availability for the forthcoming month. This form is to be submitted no later than fifteen (15) days prior to the commencement of the month. Casual employees must be available ten (10) days per month. Failure to be available shall be construed as a voluntary resignation by the employee, if there is not just cause. Any employee on the call-in list who turns down five (5) consecutive calls will be removed from the Casual list. Call-ins shall be governed by this availability schedule.

14.10 An unpaid meal break of thirty (30) minutes will be provided for each shift of five (5) or more hours. Employees working a full shift will receive a paid fifteen (15) minute break in each half of her shift. Employees working shifts of four (4) hours to six and a half (6.5) hours will receive one paid fifteen (15) minute break. All employee breaks must be taken in a designated staff area. Employees are required to remain in the Facility during paid breaks.