PART-TIME
COLLECTIVE AGREEMENT
between
(hereinafter called the "Hospital")
and
CUPE LOCAL
Expires: September 28, 2009
CUPE Standard Provisions – PART-TIME 2009
(i)
TABLE OF CONTENTS
ARTICLE PAGE NUMBER
ARTICLE 1 - PREAMBLE...............................................................................................1
1.01 Preamble.........................................................................................1
1.02 Feminine/Masculine Pronouns........................................................1
ARTICLE 2 - DEFINITIONS............................................................................................1
2.01 Temporary Employee......................................................................1
2.02 Part-Time Commitment...................................................................2
2.03; 2.04 Regular Part-Time Employee; Casual Employee............................2
ARTICLE 3 - RELATIONSHIP........................................................................................2
3.01 No Discrimination............................................................................2
ARTICLE 4 - STRIKES & LOCKOUTS...........................................................................2
ARTICLE 5 - UNION SECURITY....................................................................................3
5.01 T4 Slips...........................................................................................3
5.02 Notification to Union........................................................................3
5.03 Employee Interview.........................................................................3
5.04 No Other Agreements.....................................................................3
ARTICLE 6 - UNION REPRESENTATION & COMMITTEES.........................................4
6.01 Union Activity on Premises and/or Access to Premises..................4
6.02 Labour-Management Committee.....................................................4
6.03 Local Bargaining Committee...........................................................5
6.04 Central Bargaining Committee........................................................5
6.05 Union Stewards...............................................................................6
6.06 Grievance Committee.....................................................................7
ARTICLE 7 - GRIEVANCE & ARBITRATION PROCEDURE..........................................7
ARTICLE 8 - ACCESS TO FILES.................................................................................11
8.01 Access to Personnel File...............................................................11
8.02 Clearing of Record........................................................................11
CUPE Standard Provisions – PART-TIME 2009
(II)
ARTICLE PAGE NUMBER
ARTICLE 9 - SENIORITY...................................................................................11
9.01 Probationary Period......................................................................11
9.02 Definition of Seniority....................................................................11
9.03 Loss of Seniority............................................................................12
9.04 Effect of Absence .........................................................................12
9.05 Job Posting...................................................................................13
9.06 Transfer & Seniority Outside the Bargaining Unit..........................14
9.07 Transfer of Seniority & Service......................................................15
9.08 Notice and Redeployment Committee...........................................15
9.09 Layoff and Recall ..........................................................................19
9.10 Retraining......................................................................................21
9.11 Separation Allowances..................................................................22
9.12 Portability of Service.....................................................................22
9.13 Technological Change..................................................................22
9.14 Professional-Responsibility – Scope of RPN Practice...................23
9.15 Professional-Responsibility – Work-loads.....................................23
ARTICLE 10 - CONTRACTING OUT...................................................................24
10.01/10.02 Contracting Out.............................................................................24
10.03 Contracting In................................................................................24
ARTICLE 11 - WORK OF THE BARGAINING UNIT............................................25
11.01 Work of the Bargaining Unit..........................................................25
11.02 Volunteers.....................................................................................25
ARTICLE 12 - LEAVES OF ABSENCE................................................................25
12.01 Personal Leave.............................................................................25
12.02 Union Business.............................................................................25
12.03 (a) Full-Time Position with the Union..................................................26
12.03 (b) Leave for OCHU President and Secretary-Treasurer ...................27
12.04 Bereavement Leave......................................................................27
12.05 Jury & Witness Duty......................................................................28
12.06 Pregnancy Leave..........................................................................29
12.07 Parental Leave..............................................................................30
12.08 Education Leave...........................................................................32
12.09 Pre-Paid Leave Plan.....................................................................32
CUPE Standard Provisions – PART-TIME 2009
(III)
ARTICLE PAGE NUMBER
12.10 Medical Care and Emergency Care Leave...................................34
12.11 Compassionate Care Leave..........................................................35
ARTICLE 13 - SICK LEAVE, INJURY & DISABILITY...........................................36
13.01 Injury Pay......................................................................…………..36
13.02 Payroll Deduction for Union Sponsored LTD Plan........…………..36
ARTICLE 14 - HOURS OF WORK.......................................................................36
14.01 Daily & Weekly Hours of Work......................................…………..36
14.02 Rest Periods..................................................................................36
14.03 Additional Rest Periods.................................................…………..36
14.04 Extended Tours.............................................................…………..37
ARTICLE 15 - PREMIUM PAYMENT...................................................................37
15.01 Definition of Regular Straight Time Rate of Pay............…………..37
15.02 Definition of Overtime....................................................................37
15.03 Overtime Premium and No Payramiding ......................................37
15.04 Time Off in Lieu of Overtime.........................................…………..37
15.05 Reporting Pay...............................................................…………..38
15.06 Call-Back.......................................................................…………..38
15.07 Standby.........................................................................…………..38
15.08 Temporary Transfer......................................................…………..38
15.09 Shift and Weekend Premium........................................…………..39
ARTICLE 16 - HOLIDAYS....................................................................................39
16.01 Payment for Working on a Holiday .........................................................39
16.02 Payment for Working Overtime on a Holiday...........................…………..39
ARTICLE 17 - VACATIONS.................................................................................40
17.01 Vacation Entitlement, Qualifiers and Calculation of Payment.......40
17.02 Work During Vacation...................................................…………..40
17.03 Bereavement During Vacation......................................…………..40
CUPE Standard Provisions – PART-TIME 2009
(IV)
ARTICLE PAGE NUMBER
ARTICLE 18 - BENEFITS FOR PART-TIME EMPLOYEES.................................41
18.01 Benefits for Part-Time Employees.................................…………..41
18.02 (a) Retirement Allowance...................................................…………..41
18.02 (b) Voluntary Exit Option....................................................…………..41
18.03 Union Education............................................................…………..42
ARTICLE 19 - HEALTH & SAFETY......................................................................42
19.01 Protective Footwear......................................................................42
ARTICLE 20- COMPENSATION.........................................................................43
20.01(a) Job Classification..........................................................................43
20.01 (b) Job Descriptions ...........................................................................44
20.02 Assignment of Duties From Another Classification.......................44
20.03 Promotion to a Higher Classification.............................................44
20.04 Wages and Classification Premiums.............................................45
20.05 Progression on the Wage Grid......................................................45
ARTICLE 21- FISCAL ADVISORY COMMITTEE................................................45
ARTICLE 22- DURATION...................................................................................46
22.01 Term..............................................................................................46
22.02 Central Bargaining........................................................................46
APPENDIX OF LOCAL ISSUES.......................................................................................
IMPLEMENTATION NOTE RE PREEXISTING CLAUSES...............................................
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
1
CUPE Standard Provisions – PART-TIME 2009
ARTICLE 1 - PREAMBLE
1.01 - PREAMBLE
The general purpose of this Agreement is to establish and maintain collective
bargaining relations between the Hospital and the employees covered by this
Agreement; to provide for ongoing means of communication between the Union
and the Hospital and the prompt disposition of grievances and the final
settlement of disputes and to establish and maintain mutually satisfactory wages,
hours of work and other conditions of employment in accordance with the
provisions of this Agreement.
It is recognized that the employees wish to work efficiently together with the
Hospital to secure the best possible care and health protection for patients.
1.02 - FEMININE/MASCULINE PRONOUNS
Wherever the feminine pronoun is used in this Agreement, it includes the
masculine pronoun and vice versa where the context so requires.
ARTICLE 2 - DEFINITIONS
2.01 - TEMPORARY EMPLOYEE
Employees may be hired for a specific term not to exceed six (6) months, to
replace an employee who will be on approved leave of absence, absence due to
WSIB disability, sick leave, long term disability or to perform a special
non-recurring task. This term may be extended a further six (6) months on mutual
agreement of the Union, employee and Hospital or by the Hospital on its own up
to twelve (12) months where the leave of the person being replaced extends that
far. The period of employment of such persons will not exceed the absentee's
leave. The release or discharge of such persons shall not be the subject of a
grievance or arbitration.
This clause would not preclude such employees from using the job posting
provision under the collective agreement and any successful applicant who has
completed his probation period will be credited with the appropriate seniority.
The Hospital will outline to employees selected to fill such temporary vacancies
and the Union, the circumstances giving rise to the vacancy, and the special
conditions relating to such employment.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
2
CUPE Standard Provisions – PART-TIME 2009
2.02 - PART-TIME COMMITMENT
The Hospital shall not refuse to accept an offer from an employee to make a
written commitment to be available for work on a regular predetermined basis
solely for the purpose of utilizing casual employees so as to restrict the numbers
of regular part-time employees.
2.03; 2.04 - REGULAR PART-TIME EMPLOYEE; CASUAL EMPLOYEE
Any definition of a regular part-time employee or of a casual employee that
existed in the hospital's expiring collective agreement will be continued as the
concluding sub-section(s) of this Article.
ARTICLE 3 - RELATIONSHIP
3.01 - NO DISCRIMINATION
The parties agree that there shall be no discrimination within the meaning of the
Ontario Human Rights Code against any employee by the Union or the Hospital
by reason of race, creed, colour, age, sex, marital status, nationality, ancestry or
place of origin, family status, handicap, sexual orientation, political affiliation or
activity, or place of residence. The Hospital and the Union further agree that
there will be no intimidation, discrimination, interference, restraint or coercion
exercised or practised by either of them or their representatives or members,
because of an employee's membership or non-membership in a Union or
because of his activity or lack of activity in the Union.
The Union shall be provided a copy of any written notice provided to an
employee that he or she may be subject to termination, demotion, transfer, or
other adverse impact for innocent absenteeism.
ARTICLE 4 - STRIKES & LOCKOUTS
The Union agrees there shall be no strikes and the Hospital agrees there shall be
no lockouts so long as this Agreement continues to operate. The terms "strike"
and "lockout" shall bear the meaning given them in the Ontario Labour Relations
Act.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
3
CUPE Standard Provisions – PART-TIME 2009
ARTICLE 5 - UNION SECURITY
5.01 - T4 SLIPS
The Hospital will provide each employee with a T-4 supplementary slip showing
the dues deducted in the previous year for income tax purposes where such
information is available or becomes readily available through the Hospital's
payroll system.
5.02 - NOTIFICATION TO UNION
The Hospital will provide the union with a list, monthly of all hirings, lay-offs,
recalls and terminations within the bargaining unit where such information is
available or becomes readily available through the Hospital's payroll system.
5.03 - EMPLOYEE INTERVIEW
A new employee will have the opportunity to meet with a representative of the
Union in the employ of the Hospital for a period of up to 15 minutes during the
employee's orientation period without loss of regular earnings. The purpose of
the meeting will be to acquaint the employee with such representative of the
Union and the collective agreement.
Such meetings may be arranged collectively or individually for employees by the
Hospital as part of the orientation program.
5.04 - NO OTHER AGREEMENTS
No employee shall be required or permitted to make any written or verbal
agreement with the Hospital or its representative(s) which conflicts with the terms
of this agreement.
No individual employee or group of employees shall undertake to represent the
union at meetings with the Hospital without proper authorization from the union.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
4
CUPE Standard Provisions – PART-TIME 2009
ARTICLE 6 - UNION REPRESENTATION AND COMMITTEES
6.01 - UNION ACTIVITY ON PREMISES AND/OR ACCESS TO PREMISES
The Union agrees that neither it, nor its officers, agents, representatives and
members will engage in the solicitation of members, holding of meetings or any
other Union activities on Hospital premises or on Hospital time without the prior
approval of the Hospital, except as specifically provided for in this Agreement.
Such approval will not be unreasonably denied.
6.02 - LABOUR-MANAGEMENT COMMITTEE
(a) Where the parties mutually agree that there are matters of mutual concern and
interest that would be beneficial if discussed at a Labour-Management
Committee Meeting during the term of this Agreement, the following shall apply.
(b) An equal number of representatives of each party as mutually agreed shall meet
at a time and place mutually satisfactory. A request for a meeting hereunder will
be made in writing prior to the date proposed and accompanied by an agenda of
matters proposed to be discussed, which shall not include matters that are
properly the subject of grievance or negotiations for the amendment or renewal
of this agreement.
Any representative(s) attending such meetings during their regularly scheduled
hours of work shall not lose regular earnings as a result of such attendance.
(c) It is agreed that the topic of a rehabilitation program for drug and alcohol abuse is
an appropriate topic for the Labour-Management Committee.
It is also agreed that the topic of the utilization of full-time and part-time staff is an
appropriate topic for the Labour-Management Committee. The committee shall
have access to work schedules and job postings upon request.
(d) It is understood that joint meetings with other Labour-Management Committees
in the Hospital may be scheduled concerning issues of mutual interest if
satisfactory to all concerned.
(e) Where two or more agreements exist between a Hospital and CUPE the
Committee may be a joint one representing employees under both agreements,
unless otherwise agreed.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
5
CUPE Standard Provisions – PART-TIME 2009
6.03 - LOCAL BARGAINING COMMITTEE
The Hospital agrees to recognize a negotiating committee comprised of hospital
employee representatives of the Union for the purpose of negotiating a renewal
agreement (as set out in the Local Provisions Appendix). The Hospital agrees to
pay members of the negotiating committee for straight time wages lost from their
regularly scheduled working hours spent in direct negotiations for a renewal
agreement, up to but not including arbitration. Nothing in this provision is
intended to preclude the Union negotiating committee from having the assistance
of any representatives of the Canadian Union of Public Employees when
negotiating with the Hospital.
When direct negotiations begin or end within ten (10) hours of a negotiating team
member's scheduled shift, the Hospital will endeavour to provide a one day's
leave of absence without pay, to provide a sufficient rest break if the employee
so requests. Such request shall not be unreasonably denied. Such leave shall be
considered leave of absence for union business, but shall not be deducted from
the Union entitlement under Article 12.02.
6.04 - CENTRAL BARGAINING COMMITTEE
(a) In central bargaining between the Canadian Union of Public Employees and the
participating hospitals, an employee serving on the Union's Central Negotiating
Committee shall be paid for time lost from his normal straight time working hours
at his regular rate of pay and without loss of leave credits for attending central
negotiating meetings with the Hospitals' Central Negotiating Committee in direct
negotiations up to the point of arbitration. In addition, an employee serving on
the Union’s Central Negotiating Committee shall be paid for time lost from his
normal straight time working hours at his regular rate of pay and without loss of
leave credits for two (2) days of preparation time for such central negotiating
meetings with the Hospital’s Central negotiating Committee. Upon reference to
arbitration, the Negotiating Committee members shall receive unpaid time off for
the purpose of attending arbitration hearings.
It is understood and agreed that the maximum number of Union Central
Negotiating Committee members entitled to payment under this provision shall
be eight (8), and in no case will more than one employee from a hospital be
entitled to such payment.
The Union shall advise the Hospitals' Central Negotiating Committee, before
negotiations commence, of those employees to be paid under this provision. The
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
6
CUPE Standard Provisions – PART-TIME 2009
Hospitals' Central Negotiating Committee shall advise the eight (8) Hospitals
accordingly.
(b) Vice-Presidents of the Ontario Council of Hospital Unions shall be granted leave
of absence by their employers in accordance with (a) above or Article 12.02 as
the case may be, in order to fulfil the duties of their position.
6.05 - UNION STEWARDS
(a) The Hospital agrees to recognize Union stewards to be elected or appointed from
amongst employees in the bargaining unit who have completed their probationary
period for the purpose of dealing with Union business as provided under this
Collective Agreement.
(b) A Chief Steward or designate may, in the absence of any steward, assist in the
presentation of any grievance, or with any steward function.
(c) The Union shall keep the Hospital notified in writing of the names of Union
stewards appointed or selected under this Article as well as the effective date of
their respective appointments.
(d) It is agreed that Union stewards have their regular duties and responsibilities to
perform for the Hospital and shall not leave their regular duties without first
obtaining permission from their immediate supervisor. If, in the performance of his
duties, a Union steward is required to enter an area within the Hospital in which he
is not originally employed, he shall report his presence to the supervisor in the
area immediately upon entering it. Such permission shall not be unreasonably
withheld. When resuming his regular duties and responsibilities, such steward
shall again report to his immediate supervisor. A Union steward shall suffer no
loss of earnings for time spent in performing the above duties during his regular
scheduled working hours.
(e) Nothing in this Article shall preclude full-time stewards from representing part-time
employees and vice-versa.
(f) The number of stewards and the areas which they represent, are to be determined
locally.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
7
CUPE Standard Provisions – PART-TIME 2009
6.06 - GRIEVANCE COMMITTEE
The Hospital will recognize a Grievance Committee composed of the Chief
Steward and not more than (as set out in Local Provisions Appendix) employees
selected by the Union who have completed their probationary period. A general
representative of the Union may be present at any meeting of the Committee.
The purpose of the Committee is to deal with complaints or grievances as set out
in this Collective Agreement.
The Union shall keep the Hospital notified in writing of the names of the members
of the Grievance Committee appointed or selected under this Article as well as
the effective date of their respective appointments.
A Committee member shall suffer no loss of earnings for time spent during their
regular scheduled working hours in attending grievance meetings with the
Hospital up to, but not including arbitration. The number of employees on the
Grievance Committee shall be determined locally.
ARTICLE 7 - GRIEVANCE AND ARBITRATION PROCEDURE
7.01 For purposes of this Agreement, a grievance is defined as a difference arising
between the parties relating to the interpretation, application, administration or
alleged violation of the Agreement including any question as to whether a matter
is arbitrable.
7.02 At the time formal discipline is imposed or at any stage of the grievance
procedure an employee shall have the right upon request to the presence of
his/her steward. In the case of suspension or discharge the Hospital shall notify
the employee of this right in advance.
7.03 It is the mutual desire of the parties hereto that complaints of employees shall be
adjusted as quickly as possible, and it is understood that an employee has no
grievance until he has first given his immediate supervisor the opportunity of
adjusting his complaint. The grievor may have the assistance of a union steward
if he or she so desires. Such complaint shall be discussed with his immediate
supervisor within nine (9) calendar days after the circumstances giving rise to it
have occurred or ought reasonably to have come to the attention of the
employee and failing settlement within nine (9) calendar days, it shall then be
taken up as a grievance within nine (9) calendar days following advice of his
immediate supervisor's decision in the following manner and sequence:
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
8
CUPE Standard Provisions – PART-TIME 2009
Step No. 1
The employee, who may be accompanied by a steward, may submit a written
grievance signed by the employee to (designated by Hospital). The grievance
shall identify the nature of the grievance and the remedy sought and should
identify the provisions of the Agreement which are alleged to be violated. The
Union and the Hospital may, if they so desire, meet to discuss the grievance at a
time and place suitable to both parties. The (designate) will deliver his decision
in writing within nine (9) calendar days following the day on which the grievance
was presented to him. Failing settlement or response, then:
Step No. 2
Within nine (9) calendar days following the decision in Step No.1, the grievance
may be submitted in writing to the (designated by Hospital). A meeting will then
be held between the (designate) and the Grievance Committee within nine (9)
calendar days of the submission of the grievance at Step No. 2 unless extended
by agreement of the parties. It is understood and agreed that a representative of
the Canadian Union of Public Employees and the grievor may be present at the
meeting. It is further understood that the (designate) may have such counsel and
assistance as he may desire at such meeting. The decision of the Hospital shall
be delivered in writing within nine (9) calendar days following the date of such
meeting.
7.04 A complaint or grievance arising directly between the Hospital and the Union
concerning the interpretation, application or alleged violation of the Agreement
shall be originated at Step No. 2 within fourteen (14) calendar days following the
circumstances giving rise to the complaint or grievance. It is expressly
understood, however, that the provisions of this Article may not be used with
respect to a grievance directly affecting an employee which such employee could
himself institute and the regular grievance procedure shall not be thereby
bypassed.
7.05 Where a number of employees have identical grievances and each employee
would be entitled to grieve separately they may present a group grievance in
writing identifying each employee who is grieving to the Department Head or his
designee within fourteen (14) calendar days after the circumstances giving rise to
the grievance have occurred or ought reasonably to have come to the attention
of the employee(s). The grievance shall then be treated as being initiated at Step
No. 2 and the applicable provisions of this Article shall then apply with respect to
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
9
CUPE Standard Provisions – PART-TIME 2009
the processing of such grievance.
7.06 The release or discharge of an employee during the probationary period shall not
be the subject of a grievance or arbitration. A claim by an employee who has
completed his probationary period that he has been unjustly discharged or
suspended shall be treated as a grievance if a written statement of such
grievance is lodged by the employee with the Hospital at Step No. 2 within
seven (7) calendar days after the date the discharge or suspension is effected.
Such special grievance may be settled under the Grievance or Arbitration
Procedure by:
(a) confirming the Hospital's action in dismissing the employee; or
(b) reinstating the employee with or without full compensation for the time
lost; or
(c) by any other arrangement which may be deemed just and equitable.
Wherever the Hospital deems it necessary to suspend or discharge an
employee, the Hospital shall notify the Union of such suspension or discharge in
writing. The Hospital agrees that it will not suspend, discharge or otherwise
discipline an employee who has completed his probationary period, without just
cause.
7.07 a) Failing settlement under the foregoing procedure of any grievance
between the parties arising from the interpretation, application,
administration or alleged violation of this Agreement, including any
question as to whether a matter is arbitrable, such grievance may be
submitted to arbitration as hereinafter provided. If no written request for
arbitration is received within eighteen (18) calendar days after the decision
under Step No. 2 is given, the grievance shall be deemed to have been
abandoned. Where such a written request is postmarked within sixteen
(16) calendar days after the decision under Step No.2, it will be deemed to
have been received within the time limits.
b) The parties agree that it is their intent to resolve grievances without
recourse to arbitration, wherever possible. Therefore, notwithstanding (a)
above, the parties may, upon mutual agreement, engage the services of a
mediator in an effort to resolve the grievance and may extend the time
limits for the request for arbitration. The parties will share equally the fees
and expenses, if any, of the mediator.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
10
CUPE Standard Provisions – PART-TIME 2009
7.08 All agreements reached under the Grievance Procedure between the
representatives of the Hospital and the representatives of the Union will be final
and binding upon the Hospital and the Union and the employees.
7.09 When either party requests that any matter be submitted to arbitration as
provided in the foregoing Article, it shall make such request in writing addressed
to the other party to this Agreement, and at the same time name a nominee.
Within seven (7) calendar days thereafter the other party shall name a nominee,
provided, however, that if such party fails to name a nominee as herein required,
the Minister of Labour for the Province of Ontario shall have power to effect such
appointment upon application thereto by the party invoking Arbitration Procedure.
The two nominees shall attempt to select by agreement a chairman of the
Arbitration Board. If they are unable to agree upon such a chairman within a
period of fourteen (14) calendar days, they shall then request the Minister of
Labour for the Province of Ontario to appoint a chairman.
7.10 No person may be appointed as an arbitrator who has been involved in an
attempt to negotiate or settle the grievance.
7.11 No matter may be submitted to arbitration which has not been properly carried
through all requisite steps of the Grievance Procedure.
7.12 The Arbitration Board shall not be authorized to make any decision inconsistent
with the provisions of this Agreement, nor to alter, modify, add to or amend any
part of this Agreement.
7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto
and the decision of the majority and, where there is no majority the decision of
the chairman will be final and binding upon the parties hereto and the employee
or employees concerned.
7.14 Each of the parties hereto will bear the expense of the nominee appointed by it
and the parties will share equally the fees and expenses, if any, of the chairman
of the Arbitration Board.
7.15 The time limits set out in the Grievance and Arbitration Procedures herein are
mandatory and failure to comply strictly with such time limits except by the written
agreement of the parties, shall result in the grievance being deemed to have
been abandoned subject only to the provisions of Section 48 (16) of The Labour
Relations Act.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
11
CUPE Standard Provisions – PART-TIME 2009
7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may
mutually agree in writing to substitute a single arbitrator for the Arbitration Board
at the time of reference to arbitration and the other provisions referring to
Arbitration Board shall appropriately apply.
ARTICLE 8 - ACCESS TO FILES
8.01 - ACCESS TO PERSONNEL FILE
Each employee shall have reasonable access to his/her personnel file for the
purpose of reviewing any evaluations or formal disciplinary notations contained
therein, in the presence of the Director of Personnel or designate. An employee
has the right to request copies of any evaluations in this file.
8.02 - CLEARING OF RECORD
Any letter of reprimand, suspension or any other sanction will be removed from
the record of an employee eighteen (18) months following the receipt of such
letter, suspension or other sanction provided that such employee’s record has
been discipline free for one year. All leaves of absence in excess of ten (10)
calendar days will not count toward either of the above periods.
ARTICLE 9 - SENIORITY
9.01 - PROBATIONARY PERIOD
A new employee will be considered on probation until he has completed forty-five
(45) days of work (or 337.5 hours of work for employees whose regular hours of
work are other than the standard work day), within any twelve (12) calendar
months. Upon completion of the probationary period he shall be credited with
seniority equal to forty-five (45) working days. With the written consent of the
Hospital, the probationary employee and the President of the Local Union or
designate, such probationary period may be extended. Any extensions agreed to
will be in writing and will specify the length of the extension. The release or
discharge of an employee during the probationary period shall not be the subject
of a grievance or arbitration.
9.02 - DEFINITION OF SENIORITY
Full-time employees will accumulate seniority on the basis of their continuous
service in the bargaining unit from the last date of hire, except as otherwise
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
12
CUPE Standard Provisions – PART-TIME 2009
provided herein.
Part-time employees, including casual employees, will accumulate seniority on
the basis of one (1) year's seniority for each 1725 hours worked in the bargaining
unit as of the last date of hire, except as otherwise provided herein.
Seniority will operate on a bargaining unit wide basis.
A part-time employee cannot accrue more than one year’s seniority in a twelve
(12) month period. The twelve (12) month period shall be determined locally.*
9.03 - LOSS OF SENIORITY
An employee shall lose all seniority and service and shall be deemed to have
terminated if he:
(a) resigns;
(b) is discharged and not reinstated through the grievance/arbitration
procedure;
(c) is retired;
(d) is absent from scheduled work for a period of three (3) or more
consecutive working days without notifying the Hospital of such absence
and providing to the Hospital a satisfactory reason;
(e) has been laid off for forty-eight (48) months;
(f) if the employee has been laid off and fails to return to work within seven
(7) calendar days after that employee has been notified by the Hospital
through registered mail addressed to the last address on the records of
the Hospital, subject to any special provisions regarding temporary
vacancies noted under the heading of Layoff and Recall.
9.04 EFFECT OF ABSENCE
Unless otherwise provided in the Collective Agreement:
Part-time employees shall accrue seniority for the duration of the absence, if an
employee’s absence is due to a disability resulting in WSIB benefits.*
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
13
CUPE Standard Provisions – PART-TIME 2009
Part-time employees shall accrue service for a period of fifteen (15) weeks if
absent due to a disability resulting in WSIB benefits, on the basis of what the
employee’s normal regular hours of work would have been.
*Note: Add the words "or L.T.D. benefits" only in agreements providing L.T.D.
benefits.
9.05 - JOB POSTING
Any provision pertaining to definition of temporary vacancies, non-bargaining
unit applications, outside advertising, interim placements or criteria for selection
except as it relates to promotions and transfers that existed in the hospital's
expiring collective agreement will be continued as the last paragraph of this
Article.
(a) Where a permanent vacancy occurs in a classification within the
bargaining unit or a new position within the bargaining unit is established
by the Hospital, such vacancy shall be posted for a period of seven (7)
consecutive calendar days. Applications for such vacancy shall be made
in writing within the seven (7) day period referred to herein.
(b) The postings shall stipulate the qualifications, classifications, rate of pay,
department and shift and a copy shall be provided to the Chief Steward.
(c) Vacancies created by the filling of an initial permanent vacancy will be
posted for a period of three (3) consecutive calendar days, excluding
Saturdays, Sundays and Holidays. Applications for such vacancies shall
be made in writing within the three (3) day period referred to herein.
(d) In matters of promotion and staff transfer appointment shall be made of
the senior applicant able to meet the normal requirements of the job.
Successful employees need not be considered for other vacancies within
a six (6) month period unless an opportunity arises which allows the
employee to change his or her permanent status.
(e) The Hospital agrees that it shall post permanent vacant positions within 30
calendar days of the position becoming vacant, unless the Hospital
provides the Union notice under Article 9.08 of it’s intention to eliminate
the position.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
14
CUPE Standard Provisions – PART-TIME 2009
(f) The name of the successful applicant will be posted on the bulletin board
for a period of seven (7) calendar days.
(g) Where there are no successful applicants from within this bargaining unit
for vacant positions referred to in this Article, employees in other CUPE
bargaining units at the Hospital will be selected in accordance with the
criteria for selection above, prior to considering persons who are not
members of CUPE bargaining units at the Hospital. The employees
eligible for consideration shall be limited to those employees who have
applied for the position in accordance with this Article, and selection shall
be made in accordance with this Article.
(h) The successful applicant shall be allowed a trial period of up to thirty (30)
days, during which the Hospital will determine if the employee can
satisfactorily perform the job. Within this period the employee may
voluntarily return, or be returned by the Hospital to the position formerly
occupied, without loss of seniority. The vacancy resulting from the posting
may be filled on a temporary basis until the trial period is completed.
(i) A list of vacancies filled in the preceding month under this Article and the
names of the successful applicants will be posted, with a copy provided to
the union.
9.06 - TRANSFER AND SENIORITY OUTSIDE THE BARGAINING UNIT
(a) It is understood that an employee shall not be transferred by the Hospital
to a position outside the bargaining unit without his consent except in the
case of temporary assignments not exceeding six (6) months. Such
employees on temporary assignments shall remain members of the
bargaining unit.
(b) An employee who is transferred to a position outside the bargaining unit
shall not, subject to (c) below, accumulate seniority. In the event the
employee is returned by the Hospital to a position in the bargaining unit
within twenty-four (24) months of the transfer he or she shall be credited
with the seniority held at the time of transfer and resume accumulation
from the date of his or her return to the bargaining unit. An employee not
returned to the bargaining unit within 24 months shall forfeit bargaining
unit seniority.
(c) In the event an employee transferred out of the bargaining unit under(a) or
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
15
CUPE Standard Provisions – PART-TIME 2009
(b) above is returned to the bargaining unit within a period of twelve (12)
calendar months, he shall accumulate seniority during the period of time
outside the bargaining unit.
9.07 - TRANSFER OF SENIORITY AND SERVICE
Effective (the date as set out in the Local Provisions Appendix) and for employees who
transfer subsequent to (the effective date as set out in the Local Provisions Appendix):
For application of seniority for purposes of promotion, demotion, transfer, layoff
and recall and service (including meeting any waiting period or other entitlement
requirements) for purposes of vacation entitlement, HOODIP or equivalent,
health and welfare benefit plans, and wage progression:
(i) an employee whose status is changed from full-time to part-time shall
receive full credit for his seniority and service;
(ii) an employee whose status is changed from part-time to full-time shall
receive credit for his seniority and service on the basis of one (1) year for
each 1725 hours worked.
The above-noted employee shall be allowed a trial period of up to thirty (30)
days, during which the Hospital will determine if the employee can satisfactorily
perform the job. Within this period the employee may voluntarily return, or be
returned without loss of seniority to his former duties on the same shift in the
same department and at the appropriate rate of pay, subject to any changes
which would have occurred had he not transferred.
9.08 - NOTICE AND REDEPLOYMENT COMMITTEE
(a) Notice
In the event of a proposed layoff at the Hospital of a permanent or long-
term nature or the elimination of a position within the bargaining unit, the
Hospital shall:
(i) provide the Union with no less than five (5) months' written notice
of the proposed layoff or elimination of position; and
(ii) provide to the affected employee(s), if any, who will be laid off with
no less than five (5) months' written notice of layoff, or pay in lieu
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
16
CUPE Standard Provisions – PART-TIME 2009
thereof.
Note: Where a proposed layoff results in the subsequent displacement of any
member(s) of the bargaining unit, the original notice to the Union provided
in (i) above shall be considered notice to the Union of any subsequent
layoff.
(b) A layoff shall not include a reassignment of an employee from her or his
classification or area of assignment who would otherwise be entitled to
notice of layoff provided:
(I) reassignments will occur in reverse order of seniority;
(II) the reassignment of the employee is to an appropriate permanent
position with the employer having regard to the employees skills,
abilities, qualifications and training or training requirements;
(III) the reassignment of the employee does not result in a reduction of
the employees wage rate or hours of work;
(IV) the job to which the employee is reassigned is located at the
employee’s original work site or at a nearby site in terms of relative
accessibility for the employee;
(V) the job to which the employee is reassigned is on the same or
substantially similar shift or shift rotation; and
(VI) where more than one employee is to be reassigned in accordance
with this provision, the reassigned employees shall be entitled to
select from the available appropriate vacancies to which they are
being reassigned in order of seniority provided no such selection
causes or would cause a layoff or bumping.
The Hospital bears the onus of demonstrating that the foregoing
conditions have been met in the event of a dispute. The Hospital shall
also reasonably accommodate any reassigned employee who may
experience a personal hardship arising from being reassigned in
accordance with this provision.
(c) Any vacancy to which an employee is reassigned pursuant to paragraph
(b) need not be posted.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
17
CUPE Standard Provisions – PART-TIME 2009
(d) Redeployment Committee
At each Hospital a Redeployment Committee will be established not later
than two (2) weeks after the notice referred to in 9.08 and will meet
thereafter as frequently as is necessary.
(i) Committee Mandate
The mandate of the Redeployment Committee is to:
(1) Identify and propose possible alternatives to the proposed
layoff(s) or elimination of position(s), including, but not
limited to, identifying work which would otherwise be
bargaining unit work and is currently work contracted-out by
the Hospital which could be performed by bargaining-unit
employees who are or would otherwise be laid off;
(2) Identify vacant positions in the Hospital or positions which
are currently filled but which will become vacant within a
twelve (12) month period and which are either:
(a) within the bargaining unit; or
(b) within another CUPE bargaining unit; or
(c) not covered by a collective agreement.
(3) Identify the retraining needs of workers and facilitate such
training for workers who are, or would otherwise be, laid off.
(4) Subject to article 9.11, the Hospital will award vacant
positions to employees who are, or would otherwise be laid
off, in order of seniority if, with the benefit of up to six (6)
months retraining, an employee has become able to meet
the normal requirements of the job.
(5) Any dispute relating to the foregoing procedures may be filed
as a grievance commencing at Step2.
(ii) Committee Composition
The Redeployment Committee shall be comprised of equal
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
18
CUPE Standard Provisions – PART-TIME 2009
numbers of representatives of the Hospital and of the Union. The
number of representatives will be determined locally. Where for the
purposes of HTAP (the Ontario Hospital Training and Adjustment
Panel) there is another hospital-wide staffing and redeployment
committee created or in existence, Union members of the
Redeployment Committee shall serve on any such hospital-wide
staffing committee established with the same or similar terms of
reference, and the number of Union members on such committee
will be proportionate to the number of its bargaining unit members
at the particular Hospital in relation to other staff groups.
Meetings of the Redeployment Committee shall be held during
normal working hours. Time spent attending such meetings shall
be deemed to be work time for which the representative(s) shall be
paid by the Hospital at his or her regular or premium rate as may be
applicable.
Each party shall appoint a co-chair for the Redeployment
Committee. Co-chairs shall chair alternative meetings of the
Committee and will be jointly responsible for establishing the
agenda of the Committee meetings, preparing minutes and writing
such correspondence as the Committee may direct.
(iii) Disclosure
The Hospital shall provide to the Redeployment Committee all
pertinent staffing and financial information.
(iv) Alternatives
The Redeployment Committee, or where there is no consensus, the
committee members shall propose alternatives to cutbacks in
staffing to the Hospital's Chief Executive Officer and to the Board of
Directors.
At the time of submitting any plan concerning rationalization of
services and involving the elimination of any position(s) or any
layoff(s) to the District Health Council or to the Ministry of Health,
the Hospital shall provide a copy, together with accompanying
documentation, to the Union.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
19
CUPE Standard Provisions – PART-TIME 2009
9.09 - LAYOFF AND RECALL
An employee in receipt of notice of layoff pursuant to 9.08(a)(ii) may:
(a) accept the layoff; or
(b) opt to receive a separation allowance as outlined in Article 9.12; or
(c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension
Plan (HOOPP) as outlined in Article 18.03(b); or
(d) displace another employee who has lesser bargaining unit seniority in the
same or a lower or an identical-paying classification in the bargaining unit
if the employee originally subject to layoff has the ability to meet the
normal requirements of the job. An employee so displaced shall be
deemed to have been laid off and shall be entitled to notice in accordance
with Article 9.08.
An employee who chooses to exercise the right to displace another
employee with lesser seniority shall advise the Hospital of his or her
intention to do so and the position claimed within seven (7) days after
receiving the notice of layoff.
For purposes of the operation of clause (d), an identical-paying
classification shall include any classification where the straight-time hourly
wage rate at the level of service corresponding to that of the laid off
employee is within 1% of the laid off employee's straight time hourly wage
rate.
(e) In the event that there are no employees with lesser seniority in the same
or a lower or identical-paying classification, as defined in this article, a
laid-off employee shall have the right to displace another employee with
lesser seniority in a higher-paying classification provided they are able to
meet the normal requirements of the job, with orientation but without
additional training.
(f) An employee who is subject to layoff other than a layoff of a permanent or
long-term nature including a full time employee whose hours of work are,
subject to Article 14.01, reduced, shall have the right to accept the layoff or
displace another employee in accordance with (a) and (d) above.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
20
CUPE Standard Provisions – PART-TIME 2009
(g) No full-time employee within the bargaining unit shall be laid off by reason
of his/her duties being assigned to one or more part-time employees.
(h) In the event of a layoff of an employee, the Hospital shall pay its share of
insured benefits premiums for the duration of the five-month notice period
provided for in Article 9.08."
(i) The Hospital agrees to post vacancies during the recall period, as per the
job posting procedure, allowing employees on recall to participate in the
posting procedure. Should the position not be filled via the job posting
procedure, an employee shall have opportunity of recall from a layoff to an
available opening, in order of seniority, provided he or she has the ability to
perform the work.
(j) In determining the ability of an employee to perform the work for the
purposes of the paragraphs above, the Hospital shall not act in an arbitrary
or unfair manner.
(k) An employee recalled to work in a different classification from which he or
she was laid off shall have the privilege of returning to the position held
prior to the layoff should it become vacant within six (6) months of being
recalled.
(l) No new employees shall be hired until all those laid off have been given an
opportunity to return to work and have failed to do so, in accordance with
the loss of seniority provision, or have been found unable to perform the
work available.
(m) The Hospital shall notify the employee of recall opportunity by registered
mail, addressed to the last address on record with the Hospital (which
notification shall be deemed to be received on the second day following the
date of mailing). The notification shall state the job to which the employee
is eligible to be recalled and the date and time at which the employee shall
report for work. The employee is solely responsible for his or her proper
address being on record with the Hospital.
9.10 - RETRAINING
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
21
CUPE Standard Provisions – PART-TIME 2009
(a) Retraining for Positions within the Hospital
Where, with the benefit of retraining of up to six (6) months, an employee
who has either accepted the layoff or who is unable to displace any other
employee could be redeployed to a hospital position identified by the
Redeployment Committee in accordance with Article 9.08(d)(i):
(i) Opportunities to fill vacant positions identified by the Hospital
Redeployment Committee through retraining shall be offered to
employees who apply and would qualify for the position with the
available retraining in order of their seniority until the list of any
such opportunities is exhausted. Opportunities to fill vacancies
outside of CUPE bargaining units may be offered by the Hospital in
its discretion.
(ii) The Hospital and the Union will cooperate so that employees who
have received notice of permanent layoff and been approved for
retraining in order to prevent a layoff will have their work schedules
adjusted in order to enable them to participate in the retraining, and
scheduling and seniority requirements may by mutual agreement
be waived. The Redeployment Committee will seek the assistance
of the Hospital Training and Adjustment Panel (HTAP), or any
similar plan, to cover the cost of tuition, books and any travel.
(iii) Apart from any on-the-job training offered by the Hospital, any
employee subject to layoff who may require a leave of absence to
undertake retraining in accordance with the foregoing shall be
granted an unpaid leave of absence which shall not exceed six (6)
months.
(iv) Laid-off employees who are approved for retraining in order to
qualify for a vacant position within the Hospital will continue to
receive insured benefits.
(b) Placement
Upon successful completion of his or her training period, the Hospital and
the Union undertake to waive any restrictions which might otherwise
apply, and the employee will be placed in the job identified in 9.11(a)(i).
An employee subject to layoff who applies but later declines to accept a
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
22
CUPE Standard Provisions – PART-TIME 2009
retraining offer or fails to complete the training will remain subject to layoff.
9.11 - SEPARATION ALLOWANCES
(a) Where an employee resigns within 30 days after receiving notice of layoff
pursuant to article 9.08(a)(ii) that his or her position will be eliminated, he
or she shall be entitled to a separation allowance of two (2) weeks' salary
for each year of continuous service to a maximum of sixteen (16) weeks'
pay, and, on production of receipts from an approved educational
program, within twelve (12) months of resignation, may be reimbursed for
tuition fees up to a maximum of three thousand ($3,000) dollars.
(b) Where an employee resigns later than 30 days after receiving notice
pursuant to Article 9.08(a)(ii) that his or her position will be eliminated, he
or she shall be entitled to a separation allowance of four (4) weeks' salary,
and, on production of receipts from an approved educational program,
within twelve (12) months of resignation, may be reimbursed for tuition
fees up to a maximum of one thousand two hundred and fifty ($1,250)
dollars.
9.12 - Portability of Service
An employee hired by the Hospital with recent and related experience may claim
consideration for such experience at the time of hiring on a form to be supplied
by the Hospital. Any such claim shall be accompanied by verification of previous
related experience. The Hospital shall then evaluate such experience during the
probationary period following hiring. Where in the opinion of the Hospital such
experience is determined to be relevant, the employee shall be slotted in that
step of the wage progression consistent with one (1) year's service for every one
(1) year of related experience in the classification upon completion of the
employee's probationary period. It is understood and agreed that the foregoing
shall not constitute a violation of the wage schedule under the collective
agreement.
9.13 - TECHNOLOGICAL CHANGE
The Hospital undertakes to notify the Union in advance, so far as practicable, of
any technological changes which the Hospital has decided to introduce which will
significantly change the status of employees within the bargaining unit.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
23
CUPE Standard Provisions – PART-TIME 2009
The Hospital agrees to discuss with the Union the effect of such technological
changes on the employment status of employees and to consider practical ways
and means of minimizing the adverse affect, if any, upon employees concerned.
Where new or greater skills are required than are already possessed by affected
employees under the present methods of operation, such employees shall be
given a period of training, with due consideration being given to the employee's
age and previous educational background, during which they may perfect or
acquire the skills necessitated by the new method of operation. The employer will
assume the cost of tuition and travel. There shall be no reduction in wage or
salary rates during the training period of any such employee. Training shall be
given during the hours of work whenever possible and may extend for up to six
months.
Employees with one (1) or more years of continuous service who are subject to
lay-off under conditions referred to above, will be given notice of the impending
change in employment status at the earliest reasonable time in keeping with the
notification to the Union as above set forth and the requirements of the applicable
law.
9.14 – Professional-Responsibility – Scope of RPN Practice
The Hospital and the Union shall meet to discuss the issues of RPN scope of
practice and skill utilization.
9.15 – Work-Loads
(a) The parties agree that patient care is enhanced if concerns relating to
professional practice, patient acuity, fluctuating Work-Loads and
fluctuating staffing are resolved in a timely and effective manner.
(b) Employees are encouraged to raise their concerns with their immediate
supervisor. In the event that the workload concern is not resolved to the
employee’s satisfaction, the employee, or group of employees, may
submit their concerns to either the Joint Health and Safety Committee (as
constituted under the collective agreement’s local appendix) or the Labour
Management Committee (as constituted under Article 6.02) through their
union representative in a format to be determined by the respective
committee.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
24
CUPE Standard Provisions – PART-TIME 2009
(c) In the event that an employee or group of employees, covered under the
Regulated Health Professions Act (RHPA), are assigned a work-load
which is inconsistent with proper patient care, they shall express their
concerns to their supervisor. The employee shall complete a “Work-Load
Review Form” which shall be provided to the supervisor and to the Union.
The Work-Load Review Form will be attached as an Appendix to the
collective agreement.
ARTICLE 10 - CONTRACTING OUT
10.01 - CONTRACTING OUT
The Hospital shall not contract out any work usually performed by members of
the bargaining unit if, as a result of such contracting out, a layoff of any
employees other than casual part-time employees results from such contracting
out.
10.02 - CONTRACTING OUT
Notwithstanding the foregoing, the hospital may contract out work usually
performed by members of the bargaining unit without such contracting-out
constituting a breach of this provision if the hospital provides in its commercial
arrangement contracting out the work that the contractor to whom the work is
being contracted, and any subsequent such contractor, agrees:
(1) to employ the employees thus displaced from the hospital; and
(2) in doing so to stand, with respect to that work, in the place of the hospital
for the purposes of the hospital’s collective agreement with the Union, and
to execute into an agreement with the Union to that effect.
In order to ensure compliance with this provision, the hospital agrees that it will
withdraw the work from any contractor who has failed to meet the aforesaid
terms of the contracting-out arrangement.
10.03 - CONTRACTING IN
Further to Article 9.08(d)(i)(1) the parties agree that the Redeployment
Committee will immediately undertake a review of any existing sub-contract work
which would otherwise be bargaining unit work and which may be subject to
expiry and open for renegotiation within six (6) months with a view to assessing
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
25
CUPE Standard Provisions – PART-TIME 2009
the practicality and cost-effectiveness of having such work performed within the
Hospital by members of the bargaining unit.
ARTICLE 11 - WORK OF THE BARGAINING UNIT
11.01 - WORK OF THE BARGAINING UNIT
Employees not covered by the terms of this Agreement will not perform duties
normally assigned to those employees who are covered by this Agreement,
except for the purposes of instruction, experimentation, or in emergencies when
regular employees are not readily available.
11.02 - VOLUNTEERS
The use of volunteers to perform bargaining unit work, as covered by this
agreement, shall not be expanded beyond the extent of existing practice as of
June 1, 1986.
The Hospital shall submit to the Union, at three (3) month intervals, the number
of volunteers for the current month and the number of hours worked and the
duties performed.
ARTICLE 12 - LEAVES OF ABSENCE
12.01 - PERSONAL LEAVE
Written request for a personal leave of absence without pay will be considered on
an individual basis by the Hospital. Such requests are to be submitted to the
employee's immediate supervisor at least four (4) weeks in advance, unless not
reasonably possible to give such notice, and a written reply will be given within
fourteen (14) days except in cases of emergency in which case a reply will be
given as soon as possible. Employees needing personal leave days for
appointments with medical practitioners may utilize the personal leave language.
Such leave shall not be unreasonably withheld.
12.02 - UNION BUSINESS
(a) The Hospital shall grant leave of absence without pay to employees to attend
Union conventions, seminars, education classes and other Union business in
connection with the administration of the collective agreement provided that such
leave will not interfere with the efficient operation of the Hospital. Such leave will
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
26
CUPE Standard Provisions – PART-TIME 2009
not be unreasonably denied.
In requesting such leave of absence for an employee or employees, the Union
must give at least fourteen (14) days clear notice in writing to the Hospital, unless
not reasonably possible to give such notice.
The cumulative total leave of absence, the number of employees that may be
absent at any one time from any one area, and the number of days of absence
shall be negotiated locally and are set out in the Local Provisions Appendix.
During such leave of absence, the employee's salary and applicable benefits
shall be maintained by the Hospital on the basis of what his normal regular hours
of work would have been, provided that the Union reimburses the Hospital in the
amount of such salary and applicable benefits within thirty (30) days of billing.
Notwithstanding the above, time spent by the eight (8) Executive Board members
and seven (7) Alternate Executive Board members of the Ontario Council of
Hospital Unions to fulfill the duties of the position shall be in addition to leave for
Union Business under this clause.
Part-time and casual employees will be given full credit for seniority purposes for
regularly scheduled hours missed in accordance with this provision.
(b) In addition to the above, a part-time or casual employee who is attending to
union business when not regularly scheduled to work shall be deemed to be on
union leave and the amount of such leave shall not be deducted from the number
of days of absence identified above. Such part-time or casual employee will be
credited with seniority for the number of hours of such leave to a maximum of
thirty-seven and one-half (37.5) hours per week. The Union will advise the
Hospital of the number of such hours.
12.03(A) FULL-TIME POSITION WITH THE UNION
Upon application by the Union, in writing, the Hospital shall grant leave of
absence, without pay, to an employee elected or appointed to full-time Union
office. It is understood that no more than one (1) employee in the bargaining unit
may be on such leave at the same time. Such leave shall be for a period of one
(1) calendar year from the date of appointment unless extended for a further
specific period by agreement of the parties.
Seniority and service shall accrue at seven and one-half (7.5) hours per day to a
maximum of thirty-seven and one-half (37.5) hours per week during such leave.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
27
CUPE Standard Provisions – PART-TIME 2009
The employee shall notify the Hospital of his intention to return to work at least
four (4) weeks prior to the date of such return. The employee shall be returned to
his former duties on the same shift in the same department and at the
appropriate rate of pay, subject to any changes which would have occurred had
the employee not been on leave.
Notwithstanding Article 2.01, the Hospital may fill the vacancy resulting from such
leave on a temporary basis.
12.03(B) LEAVE FOR OCHU PRESIDENT AND SECRETARY-TREASURER
Upon application in writing by the Union on behalf of the employee to the
Hospital, a leave of absence without pay shall be granted to such employee(s)
elected to the positions of the President of the Ontario Council of Hospital Unions
or the Secretary-Treasurer of the Ontario Council of Hospital Unions for period(s)
of up to two (2) years. It is understood, however, that during such leave the
employee(s) shall be deemed to be an employee of the Union.
During such leave of absence seniority and service shall accrue at seven and
one-half (7.5) hours per day to a maximum of thirty-seven and one-half (37.5)
hours per week. In addition, during such leave of absence, the employee's
salary and applicable benefits shall be maintained by the Hospital on the basis of
what his normal regular hours of work would have been, provided that the Union
reimburses the Hospital in the amount of such salary and applicable benefits
within thirty (30) days of billing.
The employee agrees to notify the Hospital of his intention to return to work at
least four (4) weeks prior to the date of such return. The employee shall be
returned to his former duties on the same shift in the same department and at the
appropriate rate of pay, subject to any changes which would have occurred had
the employee not been on leave.
Notwithstanding Article 2.01, the Hospital may fill the vacancy resulting from such
leave on a temporary basis.
12.04 - BEREAVEMENT LEAVE
Any employee who notifies the Hospital as soon as possible following a
bereavement will be granted bereavement leave for four (4) consecutive working
days off without loss of regular pay from regularly scheduled hours in conjunction
with the death of the spouse, child, or parent.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
28
CUPE Standard Provisions – PART-TIME 2009
Any employee who notifies the Hospital as soon as possible following a
bereavement will be granted bereavement leave for three (3) consecutive
working days off without loss of regular pay from regularly scheduled hours in
conjunction with the death of the sister, brother, mother-in-law, father-in-law, son-
in-law, daughter-in-law, grandparent, grandchild, brother-in-law, sister-in-law or
grandparent of spouse.
An employee shall be granted one (1) day bereavement leave without loss of
regular pay from regularly scheduled hours to attend the funeral of his or her aunt
or uncle, niece or nephew.
The Hospital, in its discretion, may extend such leave with or without pay. Where
an employee does not qualify under the above-noted conditions, the Hospital
may, nonetheless, grant a paid bereavement leave. For the purpose of
bereavement leave, the relationships specified in the preceding clause are
deemed to include a common-law spouse and a partner of the same sex.
12.05 - JURY & WITNESS DUTY
If an employee is required to serve as a juror in any court of law, or is required to
attend as a witness in a court proceeding in which the Crown is a party, or is
required by subpoena to attend a court of law or coroner's inquest in connection
with a case arising from the employee's duties at the Hospital, the employee shall
not lose regular pay because of such attendance provided that the employee:
(a) notifies the Hospital immediately on the employee's notification that he will
be required to attend at court;
(b) presents proof of service requiring the employee's attendance;
(c) deposits with the Hospital the full amount of compensation received
excluding mileage, travelling and meal allowances and an official receipt
thereof.
In addition to the foregoing, where a part-time employee is required by subpoena
to attend a court of law or coroner's inquest in connection with a case arising
from the employee's duties at the Hospital on his regularly scheduled day off, he
shall be paid for all hours actually spent at such hearings at his regular straight
time hourly rate subject to (a), (b) and (c) above.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
29
CUPE Standard Provisions – PART-TIME 2009
12.06 - PREGNANCY LEAVE
(a) Pregnancy leave will be granted in accordance with the provisions of the
Employment Standards Act, except where amended in this provision. The
service requirement for eligibility for pregnancy leave shall be thirteen (13) weeks
of continuous service.
(b) The employee shall give written notification at least two (2) weeks in advance of
the date of commencement of such leave and the expected date of return. At
such time she shall also furnish the Hospital with the certificate of a legally
qualified medical practitioner stating the expected birth date.
(c) The employee shall reconfirm her intention to return to work on the date originally
approved in subsection (b) above by written notification received by the Hospital
at least two (2) weeks in advance thereof.
(d) Effective on confirmation by the Canada Employment Insurance Commission of
the appropriateness of the Hospital's Supplementary Unemployment Benefit
(SUB) Plan, an employee who is on pregnancy leave as provided under this
Agreement who has applied for and is in receipt of Employment Insurance
pregnancy benefits pursuant to Section 23 of the Employment Insurance Act,
shall be paid a supplemental unemployment benefit for a period not exceeding
fifteen (15) weeks. The supplement shall be equivalent to the difference between
ninety-three percent (93%) of her normal weekly earnings and the sum of her
weekly unemployment insurance benefits and any other earnings. Receipt by
the Hospital of the employee's unemployment insurance cheque stubs shall
constitute proof that she is in receipt of Employment Insurance pregnancy
benefits.
The employee's normal weekly earnings shall be determined by multiplying her
regular hourly rate on her last day worked prior to the commencement of the
leave times her normal weekly hours plus any wage increase or salary increment
that she would be entitled to receive if she were not on pregnancy leave.
In addition to the foregoing, the Hospital will pay the employee ninety-three
percent (93%) of her normal weekly earnings during the first two (2) week period
of the leave while waiting to receive Employment Insurance benefits.
The employee does not have any vested right except to receive payments for the
covered unemployment period. The plan provides that payment in respect of
guaranteed annual remuneration or in respect of deferred remuneration or
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
30
CUPE Standard Provisions – PART-TIME 2009
severance pay benefits are not reduced or increased by payments received
under the plan.
(e) Credits for service and seniority shall accumulate for a period of up to seventeen
(17) weeks while an employee is on pregnancy leave on the basis of what the
employee's normal regular hours of work would have been.
(f) The Hospital will continue to pay the percentage in lieu of benefits and its share
of pension contributions during the period of pregnancy leave. The Hospital will
register those benefits as part of the Supplemental Unemployment Benefit Plan
with the Canada Employment Insurance Commission.
(g) Subject to any changes to the employee's status which would have occurred had
she not been on pregnancy leave, the employee shall be reinstated to her former
duties, on the same shift in the same department, and at the same rate of pay.
12.07 - PARENTAL LEAVE
(a) Parental leaves will be granted in accordance with the provisions of the
Employment Standards Act, except where amended in this provision. The
service requirement for eligibility for parental leave shall be thirteen (13) weeks of
continuous service.
(b) An employee, who qualifies for parental leave, other than an adoptive parent,
shall give written notification of at least two (2) weeks in advance of the date of
the commencement of such leave and the expected date of return.
(c) For the purposes of this article, parent shall be defined to include a person with
whom a child is placed for adoption and a person who is in a relationship of some
permanence with a parent of a child and who intends to treat the child as his or
her own.
(d) An employee who is an adoptive parent shall advise the Hospital as far in
advance as possible of having qualified to adopt a child, and shall request the
leave of absence, in writing, upon receipt of confirmation of the pending adoption.
If, because of late receipt of confirmation of the pending adoption, the employee
finds it impossible to request the leave of absence in writing, the request may be
made verbally and subsequently verified in writing.
An employee shall reconfirm his or her intention to return to work on the date
originally approved in subsection (b) above by written notification received by the
Hospital at least two (2) weeks in advance thereof.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
31
CUPE Standard Provisions – PART-TIME 2009
(e) Effective on confirmation by the Canada Employment Insurance Commission of
the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB)
Plan, an employee who is on parental leave as provided under this Agreement
who has applied for and is in receipt of Employment Insurance parental benefits
pursuant to Section 23 of the Employment Insurance Act, shall be paid a
supplemental unemployment benefit for a period not exceeding ten (10) weeks.
That benefit shall be equivalent to the difference between ninety-three percent
(93%) of the employee's normal weekly earnings and the sum of his or her
weekly employment insurance benefits and any other earnings. Receipt by the
Hospital of the employee's employment insurance cheque stub will serve as
proof that the employee is in receipt of unemployment parental benefits.
The employee's normal weekly earnings shall be determined by multiplying the
employee's regular hourly rate on his or her last day worked prior to the
commencement of the leave times the employee's normal weekly hours, plus any
wage increase or salary increment that the employee would be entitled to if he or
she were not on parental leave.
In addition to the foregoing the Hospital shall pay the employee ninety-three
percent (93%) of his or her normal weekly earnings during the first two (2) week
period of the leave while waiting to receive Employment Insurance benefits.
The employee does not have any vested right except to receive payments for the
covered unemployment period. The plan provides that payment in respect of
guaranteed annual remuneration or in respect of deferred remuneration or
severance pay benefits are not reduced or increased by payments received
under the plan.
(f) Credits for service and seniority shall accumulate for a period of up to thirty-five
(35) weeks after the parental leave began, if the employee also took pregnancy
leave, and thirty-seven (37) weeks after the parental leave began otherwise,
while the employee is on parental leave on the basis of what the employee's
normal regular hours of work would have been.
(g) The Hospital will continue to pay the percentage in lieu of benefits and its share
of the pension contribution for a period of up to ten (10) weeks while the
employee is on parental leave. The Hospital will register these benefits with the
Unemployment Benefit Plan.
(h) Subject to any changes to the employee's status which would have occurred had
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
32
CUPE Standard Provisions – PART-TIME 2009
he or she not been on parental leave, the employee shall be reinstated to her
former duties, on the same shift in the same department, and at the same rate of
pay.
12.08 - EDUCATION LEAVE
If required by the Hospital, an employee shall be entitled to leave of absence with
pay and with full credit for service and seniority and benefits to take courses and
to write examinations to upgrade his or her employment qualifications. Where
employees are required by the Hospital to take courses to upgrade or acquire
new employment qualifications, the Hospital shall pay the full costs associated
with the courses.
Subject to operational requirements, the Hospital will make every reasonable
effort to grant requests for necessary changes to an employee's schedule to
enable attendance at a recognized up-grading course or seminar related to
employment with the Hospital.
Subject to operational requirements, the Hospital will make every reasonable
effort to grant requests for an employee to take an educational leave without pay
and without loss of seniority of up to twelve (12) months for training related to the
employee’s employment at the Hospital.
12.09 - PRE-PAID LEAVE PLAN
The Hospital agrees to introduce a pre-paid leave program, funded solely by the
employee subject to the following terms and conditions:
(a) The plan is available to employees wishing to spread four (4) years' salary over a
five (5) year period, in accordance with Part LXVIII of the Income Tax
Regulations, Section 6801, to enable them to take a one (1) year leave of
absence following the four (4) years of salary deferral.
(b) The employee must make written application to the Hospital at least six (6)
months prior to the intended commencement date of the program (i.e. the salary
deferral portion), stating the intended purpose of the leave.
(c) The number of employees that may be absent at any one time shall be
determined between the local parties. The year for purposes of the program
shall be September 1 of one year to August 31 the following year or such other
twelve (12) month period as may be agreed upon by the employee, the local
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
33
CUPE Standard Provisions – PART-TIME 2009
Union and the Hospital.
(d) Where there are more applications than spaces allotted, seniority shall govern.
(e) During the four (4) years of salary deferral, 20% of the employee's gross annual
earnings will be deducted and held for the employee and will not be accessible to
the employee until the year of the leave or upon withdrawal from the plan.
(f) The manner in which the deferred salary is held shall be at the discretion of the
Hospital.
(g) All deferred salary, plus accrued interest, if any, shall be paid to the employee at
the commencement of the leave or in accordance with such other payment
schedule as may be agreed upon between the Hospital and the employee.
(h) All benefits shall be kept whole during the four (4) years of salary deferral.
During the year of the leave, seniority will accumulate. Service for the purpose of
vacation and salary progression and other benefits will be retained but will not
accumulate during the period of leave. The employee shall become responsible
for the full payment of premiums for any health and welfare benefits in which the
employee is participating. Contributions to the Hospitals of Ontario Pension Plan
will be in accordance with the Plan. The employee will not be eligible to
participate in the disability income plan during the year of the leave.
(i) An employee may withdraw from the plan at any time during the deferral portion
provided three (3) months notice is given to the Hospital. Deferred salary, plus
accrued interest, if any, will be returned to the employee within a reasonable
period of time.
(j) If the employee terminates employment, the deferred salary held by the Hospital
plus accrued interest, if any, will be returned to the employee within a reasonable
period of time. In case of the employee's death, the funds will be paid to the
employee's estate.
(k) The Hospital will endeavour to find a temporary replacement for the employee as
far in advance as practicable. If the Hospital is unable to find a suitable
replacement, it may postpone the leave. The Hospital will give the employee as
much notice as is reasonably possible. The employee will have the option of
remaining in the Plan and rearranging the leave at a mutually agreeable time or
of withdrawing from the Plan and having the deferred salary, plus accrued
interest, if any, paid out to the employee within a reasonable period of time.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
34
CUPE Standard Provisions – PART-TIME 2009
(l) The employee will be reinstated to his or her former position unless the position
has been discontinued, in which case the employee shall be given a comparable
job.
(m) Final approval for entry into the pre-paid leave program will be subject to the
employee entering into a formal agreement with the Hospital in order to authorize
the Hospital to make the appropriate deductions from the employee's pay. Such
agreement will include:
(i) A statement that the employee is entering the pre-paid leave program in
accordance with this Article of the collective agreement.
(ii) The period of salary deferral and the period for which the leave is
requested.
(iii) The manner in which the deferred salary is to be held.
The letter of application from the employee to the Hospital to enter the prepaid leave
program will be appended to and form part of the written agreement.
12.10 – MEDICAL CARE AND EMERGENCY LEAVE
An employee is entitled to a leave of absence without pay because of any of the
following:
1. A personal illness, injury or medical emergency.
2. The death, illness, injury or medical emergency of an individual described
in this Article.
3. An urgent matter that concerns an individual described in this Article.
For the purposes of this Article, the individuals referred to in this Article are:
- the employee’s spouse
- a parent, step-parent or foster parent of the employee or the
employee’s spouse
- a child, step-child or foster child of the employee or the employee’s
spouse
- a grandparent, step-grandparent, grandchild or step-grandchild of the
employee or of the employee’s spouse
- the spouse of a child of the employee
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
35
CUPE Standard Provisions – PART-TIME 2009
- the employee’s brother or sister
- a relative of the employee who is dependent on the employee for care
or assistance.
An employee who wishes to take leave under this section shall advise his or her
Hospital that he or she will be doing so. If the employee must begin the leave before
advising the Hospital, the employee shall advise the Hospital of the leave as soon as
possible after beginning it.
An employee is entitled to take a total of 10 days’ leave under this section each year.
If an employee takes any part of a day as leave under this section, the Hospital may
deem the employee to have taken one day’s leave on that day for the purposes of
this Article. The Hospital may require an employee who takes leave under this
section to provide evidence reasonable in the circumstances that the employee is
entitled to the leave.
Upon the conclusion of an employee’s leave under this Article, the Hospital shall
reinstate the employee to the position the employee most recently held with the
Hospital, if it still exists, or to a comparable position, if it does not.
12.11 –COMPASSIONATE CARE LEAVE
(a) Compassionate care leave will be granted to an employee for up to eight (8)
weeks within a twenty-six (26) week period to provide care or support to a family
member who is at risk of dying within that 26-week period in accordance with
section 49.1 of the Employment Standards Act, 2000.
(b) An employee who is on compassionate care leave shall continue to accumulate
seniority and service.
(c) Subject to any changes to the employee's status which would have occurred had
he or she not been on compassionate care leave, the employee shall be
reinstated to her former duties, on the same shift in the same department, and at
the same rate of pay.
(d) The employee and the Hospital will continue to pay their respective shares of the
benefits and pension premiums.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
36
CUPE Standard Provisions – PART-TIME 2009
ARTICLE 13 – SICK LEAVE, INJURY AND DISABILITY
13.01 – INJURY PAY
If an employee is injured on the job and his supervisor excuses him from further
duty for the balance of his shift, the employee's regular rate of pay shall continue
for the balance of that shift and there shall be no deduction from sick leave or
other credits.
13.02 – PAYROLL DEDUCTION FOR UNION SPONSORED LTD
The following provision will appear in all collective agreements that do not
provide for HOODIP or equivalent, replacing any provision related to payroll
deduction for union sponsored LTD plan that existed in the hospital’s expiring
collective agreement:
The Hospital will provide payroll deduction for the union-sponsored LTD plan
where a majority of those eligible in the bargaining unit indicate a willingness to
have the premium cost deducted from their wages. The Union shall be
responsible for ascertaining the wishes of its members in this regard.
ARTICLE 14 - HOURS OF WORK
14.01 - DAILY & WEEKLY HOURS OF WORK
Any provision related to the specification of the number of daily & weekly hours
of work that existed in the hospital's expiring collective agreement, will be
continued as Article 14.01.
14.02 - REST PERIODS
Part-time employees shall be entitled to a paid rest period of fifteen (15) minutes
for each three and three-quarter (3 3/4) hours of work.
14.03 - ADDITIONAL REST PERIODS
When an employee performs authorized overtime work of at least three (3) hours
duration, the Hospital will schedule a rest period of fifteen (15) minutes duration.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
37
CUPE Standard Provisions – PART-TIME 2009
14.04 EXTENDED TOURS
Extended tour provisions may be negotiated by the parties at the local level.
ARTICLE 15 - PREMIUM PAYMENT
15.01 - DEFINITION OF REGULAR STRAIGHT TIME RATE OF PAY
The regular straight time rate of pay is that prescribed in wage schedule of the
Collective Agreement.
15.02 - DEFINITION OF OVERTIME
Any provision related to the definition of overtime hours that existed in the
hospital's expiring collective agreement, will be continued as Article 15.02.
15.03 - OVERTIME PREMIUM AND NO PYRAMIDING
Subject to any superior conditions, the overtime rate shall be time and one-half
(1-1/2) the employee's straight-time hourly rate.
Where an employee is required to work additional overtime contiguous to an
overtime shift within a twenty-four (24) hour period, the employee will be
compensated at the rate of double time his or her straight time hourly rate for all
additional contiguous overtime hours worked.
Overtime premium will not be duplicated nor pyramided nor shall other premiums
be duplicated nor pyramided nor shall the same hours worked be counted as part
of the normal work week and also as hours for which the overtime premium is
paid.
15.04 - TIME OFF IN LIEU OF OVERTIME
Employees who work overtime will not be required to take time off in regular
hours to make up for overtime worked.
Time off in lieu may be taken on a mutually agreed upon basis between the
employee and the Hospital, such time off will be the equivalent of the premium
rate the employee has earned for working overtime. The Hospital shall revert to
payment of premium rate if time off is not taken within ninety (90) calendar days
of the work week in which the overtime was earned or, with the employee’s
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
38
CUPE Standard Provisions – PART-TIME 2009
agreement, within 12 months of that work week.
15.05 - REPORTING PAY
Employees who report for any scheduled shift will be guaranteed at least four (4)
hours of work, or if no work is available will be paid at least four (4) hours except
when work is not available due to conditions beyond the control of the Hospital.
The reporting allowance outlined as herein shall not apply whenever an
employee has received prior notice not to report for work. Part-time employees
scheduled to work less than seven and one-half (7-1/2) hours per day will receive
a pro-rated amount of reporting pay.
15.06 - CALL-BACK
Where employees are called back to work after having completed a regular shift,
and prior to the commencement of their next regular shift, they shall receive a
minimum of four (4) hours of work or four (4) hours pay at the rate of time and
one-half (1-1/2) their regular hourly earnings. Superior provisions shall remain.
15.07 – STANDBY
An employee who is required to remain available for duty on standby, outside the
normal working hours for that particular employee, shall receive standby pay in
the amount of $3.00 ($3.20 effective September 29, 2008) per hour for all hours
on standby.
Standby pay shall, however, cease where an employee is called into work under
Article 15.06 above and works during the period of standby.
15.08 - TEMPORARY TRANSFER
Where an employee is assigned temporarily to perform the duties and assume
the responsibilities of a higher paying position in the bargaining unit, he shall be
paid the rate in the higher salary range immediately above his current rate for all
hours worked in the higher paying position.
Where a Hospital temporarily assigns an employee to carry out the assigned
responsibilities of a classification outside the bargaining unit, the employee shall
receive an allowance of $4.00 for each shift from the time of the assignment.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
39
CUPE Standard Provisions – PART-TIME 2009
15.09 - SHIFT AND WEEKEND PREMIUM
Employees shall be paid a shift premium of one dollar ($1.00) per hour for all
hours worked where the majority of their scheduled hours fall between 1500 and
0700 hours.
The same one dollar ($1.00) per hour will be paid as weekend premium for all
hours worked between 2400 hours Friday and 2400 hours Sunday, or such other
48-hour period as may be agreed upon by the local parties.
ARTICLE 16 - HOLIDAYS
16.01 - PAYMENT FOR WORKING ON A HOLIDAY
The holidays listed in the part-time local Appendix for the purposes of Article
16.01 shall be the same holidays as are listed in the full-time Local Provisions
Appendix.
If an employee is required to work on any of the holidays set out in the local
Appendix the employee shall be paid at the rate of time and one-half (1-1/2) her
regular straight time hourly rate of pay for all hours worked on such holiday.
16.02 - PAYMENT FOR WORKING OVERTIME ON A HOLIDAY
Where an employee is required to work authorized overtime in excess of his
regularly scheduled hours on a paid holiday, such employee shall receive twice
(2x) his regular straight time hourly rate for such authorized overtime.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
40
CUPE Standard Provisions – PART-TIME 2009
ARTICLE 17 - VACATIONS
17.01 - VACATION ENTITLEMENT, QUALIFIERS AND CALCULATION OF PAYMENT
Any provision related to part-time qualifiers and calculation of payment that existed in
the hospital's expiring collective agreement will be continued in Article 17.01(b).
Subject to any superior conditions:
An employee who has
completed the following
number of continuous
hours of service:
But less than the
following number of
continuous hours of
service:
Is entitled to the following
percentage of vacation
pay, plus the equivalent
time off:
Less than 3,450 4%
3,450 8,625 6%
8,625 22,425 8%
22,425 37,950 10%
37,950 48,300 12%
48,300 14%
Progression on Vacation Schedule (Part-Time)
Part-time employees, including casual employees, shall accumulate service for
the purpose of progression on the vacation scale, on the basis of one year for
each 1725 hours worked.
17.02 - WORK DURING VACATION
Should an employee who has commenced his scheduled vacation and agrees
upon request by the Hospital to return to perform work during the vacation
period, the employee shall be paid at the rate of one and one-half (1-1/2) times
his basic straight time rate for all hours so worked. To replace the originally
scheduled days on which such work was performed, the employee will receive
one (1) vacation lieu day off for each day on which he has so worked.
17.03 - BEREAVEMENT DURING VACATION
Where an employee's scheduled vacation is interrupted due to a bereavement,
the employee shall be entitled to bereavement leave in accordance with Article
12.04.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
41
CUPE Standard Provisions – PART-TIME 2009
The portion of the employee's vacation which is deemed to be bereavement
leave under the above provisions will not be counted against the employee's
vacation credits.
ARTICLE 18 - HEALTH & WELFARE
18.01 - BENEFITS FOR PART-TIME EMPLOYEES
A part-time employee shall receive in lieu of all fringe benefits (being those
benefits to an employee, paid in whole or part by the Hospital, as part of direct
compensation or otherwise, including holiday pay, save and except salary,
vacation pay, standby pay, call back pay, reporting pay, responsibility allowance,
jury and witness duty, bereavement pay, and maternity supplemental
unemployment benefits) an amount equal to 14% of his/her regular straight time
hourly rate for all straight time hours paid.
18.02 (A) RETIREMENT ALLOWANCE
Prior to issuing notice of layoff pursuant to article 9.08(a)(ii) in any
classification(s), the Hospital will offer early-retirement allowance to a sufficient
number of employees eligible for early retirement under HOOPP within the
classification(s) in order of seniority, to the extent that the maximum number of
employees within a classification who elect early retirement is equivalent to the
number of employees within the classification(s) who would otherwise receive
notice of layoff under article 9.08(a)(ii).
An employee who elects an early retirement option shall receive, following
completion of the last day of work, a retirement allowance of two (2) weeks'
salary for each year of service, plus a prorated amount for any additional partial
year of service, to a maximum ceiling of fifty-two (52) weeks' salary.
18.02 (B) VOLUNTARY EXIT OPTION
If after making offers of early retirement, individual layoff notices are still required,
prior to issuing those notices the Hospital will offer a voluntary early exit option in
accordance with the following conditions:
i) The Hospital will first make offers in the classifications within
department(s) where layoffs would otherwise occur. If more employees
than are required are interested, the Hospital will make its decision
based on seniority.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
42
CUPE Standard Provisions – PART-TIME 2009
ii) If insufficient employees in the department affected accept the offer, the
Hospital will then extend the offer to employees in the same
classification in other departments. If more employees than are required
are interested, the Hospital will make its decision based on seniority.
iii) In no case will the Hospital approve an employee’s request under (i) and
(ii) above for a voluntary early exit option, if the employees remaining
are not qualified to perform the available work.
iv) The number of voluntary early exit options the Hospital approves will not
exceed the number of employees in that classification who would
otherwise be laid off. The last day of employment for an employee who
accepts a voluntary early exit option will be at the Hospital’s discretion
and will be no earlier than thirty (30) calendar days immediately
following the employee’s written acceptance of the offer.
An employee who elects a voluntary early exit option shall receive, following
completion of the last day of work, a separation allowance of two (2) weeks'
salary for each year of service, to a maximum of fifty-two (52) weeks' pay.
18.03 – UNION EDUCATION
If the local union indicates to the Hospital that its members have approved a
special assessment for union education in accordance with the CUPE
constitution and local union by laws, the Hospital agrees to deduct this
assessment.
Such assessment will be paid on a quarterly basis into a trust fund established
and administered by OCHU/CUPE for this purpose.
ARTICLE 19 - HEALTH & SAFETY
19.01 - PROTECTIVE FOOTWEAR
Effective January 1, 2002, and on that date for each subsequent calendar year,
the Hospital will provide $80 per calendar year to each full-time and $45 per
calendar year to each regular part-time employee who is required by the Hospital
to wear safety footwear during the course of his duties. The employees who will
be required to wear safety footwear will be negotiated locally and set out in the
Local Provisions Appendix.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
43
CUPE Standard Provisions – PART-TIME 2009
Note: The existing central language designating the classifications of employees
which are deemed to require appropriate safety footwear shall be
transferred to the local appendix.
ARTICLE 20 - COMPENSATION
20.01 (A) - JOB CLASSIFICATION
When a new classification (which is covered by the terms of this collective
agreement) is established by the Hospital, the Hospital shall determine the rate
of pay for such new classification and notify the local Union of the same. If the
local Union challenges the rate, it shall have the right to request a meeting with
the Hospital to endeavour to negotiate a mutually satisfactory rate. Such request
will be made within ten (10) days after the receipt of notice from the Hospital of
such new occupational classification and rate. Any change mutually agreed to
resulting from such meeting shall be retroactive to the date that notice of the new
rate was given by the Hospital. If the parties are unable to agree, the dispute
concerning the new rate may be submitted to arbitration as provided in the
Agreement within fifteen (15) days of such meeting. The decision of the Board of
Arbitration (or Arbitrator as the case may be) shall be based on the relationship
established by comparison with the rates for other classifications in the
bargaining unit having regard to the requirements of such classification.
When the Hospital makes a substantial change in the job content of an existing
classification which in reality causes such classification to become a new
classification, the Hospital agrees to meet with the Union if requested to permit
the Union to make representation with respect to the appropriate rate of pay.
If the matter is not resolved following the meeting with the Union the matter may
be referred to arbitration as provided in the agreement within fifteen (15) days of
such meeting. The decision of the Board of Arbitration (or Arbitrator as the case
may be) shall be based on the relationship established by comparison with the
rates for other classifications in the bargaining unit having regard to the
requirements of such classifications.
The parties further agree that any change mutually agreed to or awarded as a
result of arbitration shall be retroactive only to the date that the Union raised the
issue with the Hospital.
Notwithstanding the foregoing, if as a result of compensable illness or injury
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
44
CUPE Standard Provisions – PART-TIME 2009
covered by WSIB. an employee is unable to carry out the regular functions of her
position, the Hospital may, subject to its operational requirements, establish a
special classification and salary in an endeavour to provide the employee with an
opportunity of continued employment. This provision shall not be construed as a
guarantee that such special classification(s) will be made available or continued.
20.01(B) - JOB DESCRIPTIONS
A copy of the current job description for a bargaining unit position shall be made
available to the Union upon request. When a new classification which is covered
by terms of this collective agreement is created, a copy of the job description
shall be forwarded to the Union at the time that the Hospital notifies the local
Union of the rate of pay pursuant to article 20.01(a) above.
20.02 - ASSIGNMENT OF DUTIES FROM ANOTHER CLASSIFICATION
Where the Hospital revises the job content of an existing classification in such a
manner that duties of another classification are assigned to it, the following shall
apply:
(a) An employee who occupies a position which is revised in accordance with
this article, and who is physically incapable of performing the revised
position, will not be required to perform those additional duties which
exceed the employee's physical capabilities provided the employee's
physician provides documentation to the Hospital of such limitation.
(b) In the event an employee presently occupying a position which is revised
in accordance with this article requires additional training to perform duties
of the revised position the employee shall be entitled to a period of
training, with due consideration being given to the employee's age and
previous educational background, during which they may perfect or
acquire the skills necessitated by the new method of operation. The
employer will assume the cost of tuition and travel. There shall be no
reduction in wage or salary rates during the training period of any such
employee. Training shall be given during the hours of work whenever
possible and may extend for up to six months.
20.03 - PROMOTION TO A HIGHER CLASSIFICATION
An employee who is promoted to a higher rated classification within the
bargaining unit will be placed in the range of the higher rated classification so
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
45
CUPE Standard Provisions – PART-TIME 2009
that he shall receive no less an increase in wage rate than the equivalent of one
step in the wage rate of his previous classification (provided that he does not
exceed the wage rate of the classification to which he has been promoted).
20.04 - WAGES AND CLASSIFICATION PREMIUMS
Provisions under these headings shall remain unchanged and are repeated as
20.04, except to the extent that the Wage Schedule referred to in the hospital's
expiring collective agreement shall be adjusted and retroactivity shall be paid in
accordance with the Implementation Agreement signed.
20.05 - PROGRESSION ON THE WAGE GRID
Effective October 10, 1986 part-time employees, including casual employees,
shall accumulate service for the purpose of progression on the wage grid, on the
basis of one year for each 1725 hours worked.
Notwithstanding the above, employees hired prior to October 10, 1986 will be
credited with the service they held for the purpose of progression on the wage
grid under the Agreement expiring September 28, 1985 and will thereafter
accumulate service in accordance with this Article.
ARTICLE 21 - FISCAL ADVISORY COMMITTEE
(a) The Union's representative(s) will be included in the consultation and
planning process from the early phases of, including representation on the
Fiscal Advisory Committee or equivalent committee, to its final stages of
completion, to assist the Hospital in minimizing layoffs or job loss, and in
developing labour adjustment strategies where necessary.
(b) Where the Hospital experiences unforeseen circumstances such that will
necessitate changes to its budgetary plans which have been approved by
the Ministry of Health, the Hospital agrees that revisions to the budget will
be carried out in consultation with the Union.
(c) In furtherance of the foregoing, the Hospital agrees to provide to the Union
in a timely way any financial and staffing information pertinent to its
budget, or to any other re-structuring plan that would affect the Union's
members.
(d) It is understood that employee time spent at meetings with the employer in
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
46
CUPE Standard Provisions – PART-TIME 2009
pursuance of the above shall be deemed to be work time for which the
employee shall be paid by the Hospital at his or her regular or premium
rate as may be applicable.
ARTICLE 22 - DURATION
22.01 - TERM
This agreement shall be binding and continue in effect and shall continue from
year to year unless either party gives written notice to the other party of its desire
to bargain for amendments within ninety (90) days prior to the termination date of
September 28, 2009. Upon receipt of such notice by one party or the other, both
parties will meet thereafter for the purpose of bargaining.
22.02 - Central Bargaining
Notwithstanding the foregoing provisions, in the event the parties to this
Agreement agree to negotiate for its renewal through the process of central
bargaining, either party to this Agreement may give notice to the other party of its
desire to bargain for amendments on local matters proposed for incorporation in
the renewal of this Agreement and negotiations on local matters shall take place
during the period from 120 to 60 days prior to the termination date of this
Agreement. Negotiations on central matters shall take place during the period
commencing forty-five days prior to the termination date of this Agreement.
It is understood and agreed that "local matters" means, those matters which have
been determined by mutual agreement between the central negotiating
committees respectively representing each of the parties to this Agreement as
being subjects for local bargaining directly between the parties to this Agreement.
It is also agreed that local bargaining shall be subject to such procedures that
may be determined by mutual agreements between the central negotiating
committees referred to above. For such purposes, it is further understood that the
central negotiating committees will meet during the sixth month prior to the month
of termination of this Agreement to convey the intentions of their principals as to
possible participation in central negotiations, if any, and the conditions for such
central bargaining.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
47
CUPE Standard Provisions – PART-TIME 2009
Dated at Toronto, Ontario, this 15th day of January 2008.
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
48
CUPE Standard Provisions – PART-TIME 2009
WORK-LOAD REVIEW FORM
Employees to complete every section
Date/Time of Occurrence_____________________
Date Form Submitted to Employer _________________
Site/Location __________________________ Department/Unit___________________________
Type of Work Being Performed
__________________________________________________________________________
Number of Staff on Duty ________________ Usual Number of Staff on Duty _______________
I/We the undersigned, believe that I was/we were given an assignment that was excessive or inconsistent
with quality patient care and/or created an unsafe working environment for the following reasons. (Provide
brief description of problem/assignment below):
To correct this problem, I/we recommended:
Name/Title of Immediate Supervisor Notified
___________________________________________________________________
Date/Time of Notification
__________________________________________________________________________________
Response
______________________________________________________________________________________
______________________________________________________________________________________
Signature of Employee(s) & Printed Name(s) on Line Below:
_________________________ _________________________ __________________________
_________________________ _________________________ ___________________________
I/we do not agree with the resolution of my concern.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
49
CUPE Standard Provisions – PART-TIME 2009
Letter of Understanding
Regarding the Utilization of RPN Skills
The parties agree to form a joint provincial task force. The task force will be composed
of equal numbers of representatives of the Ontario Council of Hospital Unions/CUPE
and the Ontario Hospital Association. The task force will make its decisions by
consensus. The mandate of the task force will be to study and make recommendations
to the participating hospitals regarding the utilization of RPN skills. The task force will:
Meet within 6 months of the ratification of the Memorandum of Settlement.
Secure advice and participation from such professional practice researchers and
other (e.g. College of Nurses) as the Task Force deems appropriate.
Identify resources required by the task force to complete their study including
exploring jointly any funding required for these resources.
The task force will be co-chaired by a hospital representative and a
representative from OCHU/CUPE.
The task force will identify the timelines for conducting their study and will also
conclude timelines for the recommendations to be made by the task force.
The task force recommendations will be presented in the form of a report to the
participating hospitals and locals.
The final recommendations from the joint task force will be presented to the
Human Resources Committee of the OHA.
The parties also agree to jointly undertake reviewing the study and
recommendations with the Ontario Nurses Association.
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
50
CUPE Standard Provisions – PART-TIME 2009
Nothing in this Letter of Understanding should be construed as precluding the
local parties from entering into discussions with respect to RPN scope of practice
and utilization of RPN skills.
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
51
CUPE Standard Provisions – PART-TIME 2009
Letter of Understanding
Re: Apprenticeship Pilot Programme
The parties agree to establish a joint provincial apprenticeship committee. The joint
committee will consist of three (3) members representative of the Union and three (3)
members representative of the Hospitals. The purpose of the provincial committee is to
review and make recommendations regarding the introduction of a pilot apprenticeship
programme for certified trades employees. The committee will ensure that the pilot(s)
satisfy any requirements set out by provincial educational authorities.
It is understood that both parties are jointly committed to the outcomes of the work of
the joint provincial apprenticeship committee.
This committee will meet by June 30th 2007, and will submit its recommendations by
December 31st, 2007.
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
52
CUPE Standard Provisions – PART-TIME 2009
Letter of Understanding
Re: Influenza Vaccination
The parties agree to the following Letter of Understanding with respect to Influenza
Vaccinations:
The parties agree that influenza vaccinations may be beneficial for
patients and employees. Upon a recommendation pertaining to a facility
or a specifically designated area(s) thereof from the Medical Officer of
Health or in compliance with applicable provincial legislation, the following
rules will apply:
(a) Hospitals recognize that employees have the right to refuse any
recommended or required vaccination.
(b) If an employee refuses to take the recommended or required
vaccine required under this provision, she or he will be reassigned
during the outbreak period, unless reassignment is not possible, in
which case he or she will be placed on unpaid leave. If an
employee is placed on unpaid leave, she or he can use banked lieu
time or vacation credits in order to keep her or his pay whole. It is
further agreed that any such reassignment will not adversely impact
the scheduled hours of other employees.
(c) If an employee refuses to take the recommended or required
vaccine because it is medically contra-indicated, and where a
medical certificate is provided to this effect, she or he will be
reassigned during the outbreak period, unless reassignment is not
possible, in which case the employee will be placed on paid leave.
It is further agreed that any such reassignment will not adversely
impact the scheduled hours of other employees.
(d) If an employee gets sick as a result of the vaccination, and applies
for WSIB, the Hospital will not oppose the claim.
(e) If the full cost of such medication is not covered by some other
source, the Hospital will pay the full or incremental cost for the
vaccine and will endeavour to offer vaccinations during an
employee’s working hours. In addition, employees will be provided
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
53
CUPE Standard Provisions – PART-TIME 2009
with information, including risks and side effects, regarding the
vaccine.
(f) This letter shall be interpreted in a manner consistent with the
Ontario Human Rights Code.
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
54
CUPE Standard Provisions – PART-TIME 2009
Letter of Understanding
Re: Local Health Integration Networks
The parties agree that any LHIN initiative that will have a direct impact on the members
of the bargaining unit may be raised through the Fiscal Advisory Committee, in
accordance with Article 21.
The Union will be provided with any pertinent financial and staffing information as
required under Article 21.
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
55
CUPE Standard Provisions – PART-TIME 2009
Letter of Understanding
Re: Voluntary Part-time Benefits
If the local parties agree, the Hospital will provide part-time employees with the option of
voluntary participation in any and all of the group health and welfare benefit programs
set out in Article 18.01 of the full-time collective agreement. It is understood and agreed
that the part-time employees would pay the Employer the full amount of the monthly
premiums, in advance.
NOTE: Part-time voluntary benefits are not arbitrable in local negotiations.
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
56
CUPE Standard Provisions – PART-TIME 2009
Letter of Understanding
Regarding the introduction of HOODIP to Hospitals with Accumulating Sick Leave
Plans
Participating CUPE locals and Hospitals agree to meet to discuss the merits of
introducing HOODIP to their CUPE bargaining units.
It is understood that such meetings will occur within 6 months following the date of
ratification of the Memorandum of Settlement.
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
57
CUPE Standard Provisions – PART-TIME 2009
Letter of Understanding
Re: Joint Benefits Trust
The Participating Hospitals and CUPE agree that the maintenance of benefits provided
for in this collective agreement at the most cost-effective level is an important objective.
Accordingly, the parties agree that a joint investigation of a Benefits Trust is worthwhile
in order to determine if significant reductions in costs of benefits can be achieved. The
parties are committed to:
- Meet within the first quarter following the ratification of this agreement and every
quarter thereafter to determine the following:
o The methods by which the investigation will take place
o Identify potential sources of funding for investigation of the Benefits Trust
o Identification of the appropriate method to determine the feasibility of the
Trust
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
58
CUPE Standard Provisions – PART-TIME 2009
Letter of Understanding
Re: Transformation in Health Care
Seniority Recognition
Without prejudice to the Union’s or Hospitals’ rights under the collective agreement or
the Labour Relations Act, the parties agree that non-unionized employees who are
affected (via relocation/transfer*) shall, when entering the bargaining unit, be afforded
seniority and service in accordance with the anniversary of their date of hire (or hours
worked) from their original Hospital. Such anniversary date shall be calculated in
accordance with the relevant provisions of the relevant collective agreement.
Right to Return or Transfer
Employees who are relocated/transferred* to another employer by the Hospital will
retain their seniority and service at their original hospital for a 24-month period.
Without prejudice to the Union’s or Hospitals’ rights under the collective agreement or
the Labour Relations Act, employees relocated/transferred* shall have the right to post
for vacancies that arise, prior to or subsequent to the relocation/transfer*, at their
originating Hospital for that 24 month period.
If they are the successful applicant, they will return to the employ of the Hospital with
seniority accrued and service intact but not accrued, for the period that the employee
was relocated/transferred* to another employer.
*Pursuant to a “Sale of Business” under Section 69 of the Labour Relations Act, 1995,
as it may be amended from time to time.
FOR THE LOCAL UNION FOR THE HOSPITAL
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
59
CUPE Standard Provisions – PART-TIME 2009
EACH OF THE FOLLOWING PROVISIONS WILL APPEAR IN ALL COLLECTIVE
AGREEMENTS REPLACING ANY RELATED PROVISIONS THAT EXISTED IN THE
HOSPITAL'S EXPIRING COLLECTIVE AGREEMENT, UNLESS OTHERWISE
SPECIFIED:
60
CUPE Standard Provisions – PART-TIME 2009
APPENDIX OF LOCAL ISSUES
The following provisions, while not being an exhaustive listing, are appropriate for
inclusion in an Appendix of Local Issues. Any local issue provisions which existed in the
hospital's expiring collective agreement shall be continued in the Appendix of Local
Issues subject to any changes, deletions or additions resulting from the current round of
bargaining.
- Management Rights
- Statement of Religious Purpose
- Recognition
- Union Membership
- Dues Deduction and Remittance and Dues Lists
- Constitution of Local Bargaining and Grievance Committees
- Seniority Lists
- Scheduling
- Uniform Allowance
- Sick Leave Administrative Provisions
- Designation of Specific Holidays
- Administrative Provision re Payment of Wages
- Meal Allowances
- Bulletin Boards
- Mileage Allowance
- Communication to Union
- Vacation Administrative Provisions
- Pay Day
- Health & Safety
- Designation of Classifications Required to Wear Safety Footwear
Where a Hospital and a Local Union have reached a settlement of all Local Issues, and
the form in which their agreed issues are to appear in the collective agreement is
inconsistent with the foregoing agreement of the central parties, then the local parties
may re-open negotiations for the sole purpose of ensuring that the form of their
collective agreement is consistent with the foregoing. Any difficulties in this regard shall
be submitted to the Implementation Committee for resolution.
IMPLEMENTATION NOTE RE PREEXISTING CLAUSES
For those headings containing a reference to this note, if the expiring collective
agreement applied to part-time employees, the existing provision shall continue,
amended as appropriate by any amendment to the full-time provisions.