IN THE MATTER OF A MEDIATION- ARBITRATION  
BETWEEN:  
Nova Scotia Health Authority & Izaak Walton Killam Health Centre  
(“the Employers”)  
and  
The Nova Scotia Council of Healthcare Unions  
(“the Council”  
Before:  
William Kaplan  
Mediator/Arbitrator  
Appearances  
For the Employers:  
Jack Graham, Q.C.  
Michael Murphy  
McInnes Cooper  
Barristers & Solicitors  
Thomas Groves  
Health Association Nova Scotia  
For the Council:  
Raymond Larkin, Q.C.  
David Roberts  
Pink Larkin  
Barristers & Solicitors  
The matters in dispute proceeded to mediation/arbitration in Halifax on July 30, 31 and  
August 1, 2018.  
Introduction  
In May 2018, the employee members of the Constituent Unions of the Nova Scotia  
Council of Nursing Unions, the Nova Scotia Council of Healthcare Unions, the Nova  
Scotia Council of Administrative Professional Unions, and the Nova Scotia Council of  
Health Support Unions (“the Council”) ratified an agreement earlier reached with the  
Nova Scotia Health Authority and the Izaak Walton Killam Health Centre (“the  
employers”) to refer all outstanding collective agreement issues in dispute to a binding  
mediation/arbitration process. Phase one of that process, involving the resolution of the  
collective agreement between the employers and the Healthcare Unions, proceeded to a  
mediation/arbitration in Halifax beginning on July 30, 2018. In advance of that  
mediation/arbitration, the parties filed detailed briefs setting out the issues in dispute  
and their positions with respect to them as well as outlining the important legislative  
context in which this mediation/arbitration took place.  
Having carefully considered the written submissions, together with those made at the  
mediation/arbitration, and paying attention to the application of appropriate criteria,  
the following award is issued constituting the collective agreement between the parties.  
Award  
I order new collective agreements for the Nova Scotia Health Authority (Tab 1) and  
Izaak Walton Killam Health Centre (Tab 2) as attached to this award.  
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I have reserved on the issues of appropriate shift and weekend premiums (Articles  
34.14 and 34.15) and will release a supplementary award on these issues on August 15,  
2018.  
The financial components of the collective agreement shall be effective the date of this  
award. The rest of the collective agreement shall be effective sixty days from the date of  
this award.  
Conclusion  
At the request of the parties, I remain seized with respect to the implementation of my  
award.  
DATED at Toronto this 8th of August 2018.  
“William Kaplan”  
William Kaplan, Mediator/Arbitrator  
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TAB 1  
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PREAMBLE  
Whereas it is the intention and purpose of the parties to this Agreement to maintain harmonious  
relations and settled conditions of employment between the Employer, the Employees and the  
Union, to improve the quality of health care service, to promote the well being and increased  
productivity of Employees to the end that patients be well and efficiently served and to promote  
an environment where Employees want to work and are valued, accordingly the parties hereto  
set forth certain terms and conditions of employment affecting Employees covered by this  
Agreement.  
Now therefore, the parties agree as follows:  
ARTICLE 1 - INTERPRETATION AND DEFINITIONS  
1.01 Definitions  
For the purpose of this Agreement:  
(1)  
“Bargaining Unit” consists of all Employees of the Employer who occupy  
positions that require them to be engaged primarily in a clinical capacity to  
provide patient care who are not included in the nursing bargaining unit  
defined in paragraph 80(b)(1)(a) of the Health Authorities Act and as  
defined in Schedule 5 of the decision of James Dorsey dated February 19,  
2015 but excluding those persons described in paragraphs (a) and (b) of  
Section 2 of the Trade Union Act.  
(2)  
(3)  
“Common-law relationship” is said to exist when, for a continuous period of  
more than one (1) year, an Employee has lived with a person, publicly  
represented that person to be her spouse, and lives continually with that person  
as if that person were her spouse.  
“Council” means the Nova Scotia Council of Health Care Unions.  
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(4)  
(5)  
“Day”, except where otherwise provided, means Monday through Friday,  
excluding holidays.  
“Employee” means a person who is included in the bargaining unit as defined in  
Article 2.01 and includes:  
(a)  
(b)  
“Casual Employee” is a non-permanent Employee;  
Full-time Employee” is an Employee who is hired to work the bi-weekly  
hours of work as provided in this Agreement;  
(c)  
(d)  
“Part-time Employee” is an Employee who is hired to work less than the  
full-time hours of work as provided in this Agreement; and  
“Permanent Employee” is an Employee who has completed her  
probationary period and is employed on a full-time or part-time basis  
without reference to any specified date of termination of employment.  
(6)  
(7)  
“Employer” means the Nova Scotia Health Authority (NSHA).  
“Holiday” means:  
(a)  
(b)  
in the case of a shift that does not commence and end in the same day,  
the twenty-four (24) hour period commencing from the time at which the  
shift commenced if more than one-half of the shift falls on a day  
designated as a holiday in this Agreement;  
in any other case, the twenty-four (24) hour period commencing at 0001  
hours of a day designated as a holiday in this Agreement.  
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(8)  
(9)  
“Leave of absence” means absent from work with permission.  
“Lockout” includes the closing of a place of employment, a suspension of work  
or a refusal by the Employer to continue to employ a number of its Employees  
done to compel the Employees, or to aid another employer to compel its  
Employees, to agree to terms or conditions of employment.  
(10)  
“Predecessor Employer” means the South Shore District Health Authority,  
South West Nova District Health Authority, Annapolis Valley District Health  
Authority, Colchester East Hants Health Authority, Cumberland Health  
Authority, Pictou County Health Authority, Guysborough Antigonish Strait  
Health Authority, Cape Breton District Health Authority and Capital District  
Health Authority.  
(11)  
(12)  
Shift duration” means the length of a shift.  
“Spouse” means husband, wife and common-law spouse. Common-law  
spouse includes a same sex partner in a common-law relationship except for  
purposes of a pension plan where the pension plan contemplates otherwise.  
(13)  
“Strike” includes a cessation of work, or refusal to work or continue to work by  
Employees in combination or in concert or in accordance with a common  
understanding, for the purpose of compelling their Employer to agree to terms or  
conditions of employment or to aid other Employees in compelling their Employer  
to agree to terms or conditions of employment.  
(14)  
(15)  
“Union” means a constituent Union of the Council.  
“Week-end” means the fifty-five (55) consecutive hour period commencing at  
0001 hours Saturday to 0700 hours Monday.  
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(16)  
“Working Day” means any calendar day on which an Employee is scheduled to  
work.  
1.02 Service  
For the purposes of this Agreement, “service” means:  
(a)  
(i)  
for the NSHA, service with which an Employee was credited as an  
Employee of a predecessor Employer on March 31, 2015;  
(ii)  
total accumulated months of employment with the Employer.  
(iii)  
A month shall be a calendar month or any portion thereof in which  
an Employee was employed with the NSHA.  
(b)  
Notwithstanding Article 1.02(a), except as otherwise provided in this Agreement,  
no service and no service related benefits shall be credited to of an Employee  
who does not receive salary for in excess of ten (10) days during that calendar  
month shall not accrue service related benefits or credits for that month;  
however, there shall be no adjustment to that Employee’s service date.  
(c)  
An Employee being compensated under the Workers’ Compensation Act  
shall accumulate vacation credits to a maximum of one year’s vacation  
credits.  
(d)  
Any Izaak Walton Killam Health Centre (IWK) Employee who successfully  
applies to work at the NSHA will retain the service they were credited with  
at the IWK.  
1.03 Seniority  
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(a)  
“Seniority” shall be defined in accordance with the following:  
(i)  
Permanent Seniority shall be the seniority date with which an  
Employee was credited as an Employee at April 1, 2015 in the  
bargaining unit. Subject to 1.03 (a) (iii), permanent seniority for  
those hired after April 1, 2015 will be defined as the most recent date  
of hire into a permanent position in the bargaining unit.  
(ii)  
Casual Seniority shall be the seniority with which an Employee was  
credited as an Employee as of April 1, 2015 in the bargaining unit  
plus hours worked on and after April 1, 2015. Subject to 1.04 1.03(a)  
(iv), Casual seniority will be defined as the accrual of hours worked  
since the most recent date of hire into a casual position in the  
bargaining unit.  
(iii)  
When an Employee transfers from a casual to a permanent position,  
the Employee’s Casual seniority hours will be divided by 1950 and  
assigned a calendar value which will determine the Employee’s  
permanent seniority date, which will be prior to the date of hire into  
a permanent position.  
(iv)  
When an Employee transfers from a permanent position to a casual  
position, the Employee’s hours worked shall be used to establish  
the Employee’s accrual of hours for the Employee’s date of hire in  
the casual position. In no case will any Employee accrue more than  
1950 hours seniority per year for the purposes of the above.  
(v)  
Seniority will be calculated in the same fashion for Employees  
whose full time hours are 1820 or 2080 hours per year, except 1820 hours or 2080  
hours will be substituted for 1950 in the calculations set out herein.  
(b)  
Employees’ Seniority shall be transferrable as follows;  
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(i)  
Should an Employee of any bargaining unit at the  
NSHA be the successful candidate for a permanent  
position in the NSHA Health Care Bargaining unit, that  
Employee shall keep and transfer their seniority to  
their new Health Care Bargaining Unit position at the  
NSHA.  
(ii)  
Should an Employee of any bargaining unit at the  
Izaak Walton Killam Health Centre be the successful  
external candidate for a permanent position in the  
NSHA Health Care Bargaining Unit, that Employee  
shall keep and transfer their seniority to their new  
Health Care Bargaining Unit position at the NSHA.  
(c)  
Posting of Seniority Lists  
The Employer is required to maintain separate seniority dates and seniority lists  
for Permanent and Casual Employees.  
In the event two or more Permanent Employees have the same seniority  
date, or two or more Casual Employees have the same number of casual  
hours, their placement on the Regular or the Casual seniority lists will be  
determined by random draw.  
For Permanent Employees  
(i)  
Within sixty (60) days following the signing of this Agreement, and  
annually thereafter on December 15, the Employer shall post a list setting  
out each Employee’s seniority date. Each Employee shall have thirty (30)  
days from the date the list is posted to challenge her seniority date in  
writing. The Employer shall reply to the Employee’s written objection  
within thirty (30) days of receipt of the written objection. If no written  
objection is received by the Employer within thirty (30) days from the date  
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the list is posted, the seniority date on the list shall be the Employee’s  
seniority date for all purposes following the posting of the list.  
(ii)  
An Employee who is absent from work for any part of the thirty (30) day  
posting period shall have thirty (30) days from the date of her return to  
work to object in writing to her seniority date. However, until and unless  
such written objection is received by the Employer, and in any event no  
later than thirty (30) days from the Employee’s return to work, the posted  
seniority date for the Employee will be considered to be the Employee’s  
seniority date for all purposes.  
(iii)  
In the event a casual Employee's conversion to Permanent  
employment status results in the same seniority date as a  
Permanent Employee, the casual Employee will be placed below the  
Permanent Employee on the seniority list.  
For Casual Employees  
(iv) Within sixty (60) days following the signing of this Agreement, and semi-  
annually thereafter, on December 15 and June 15, the Employer shall post a list  
setting out each casual Employee’s accumulated hours as of the preceding pay  
period. This list is for the purpose of casual Employees’ seniority. Each casual  
Employee shall have thirty (30) days from the date the list is posted to challenge  
her casual seniority date in writing. The Employer shall reply to the casual  
Employee’s written objection within thirty (30) days of receipt of the written  
objection. If no written objection is received by the Employer within thirty (30)  
days from the date the list is posted, the casual seniority date on the list shall be  
the casual Employee’s seniority date.  
(v) Notwithstanding the above, job posting decisions premised on a Casual  
Employee’s seniority will be based on the Casual Employee’s seniority on the  
last day of the pay period prior to the day of the posting deadline.  
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1.04 Gender  
Unless any provision of this Agreement otherwise specifies, words importing the  
feminine gender shall include males and vice versa.  
1.05 Headings  
The headings in this Agreement are for ease of reference only and shall not be taken  
into account in the construction or interpretation of any provision to which they refer.  
ARTICLE 2 - RECOGNITION  
2.01 Bargaining Agent Recognition  
(a)  
The Employer recognizes the Union Council as the exclusive Bargaining Agent  
of the Employees in the bargaining unit for the purposes of sections 33 to 37,  
subsections 38(1) and (2) and sections 39, 40, 47 to 52 and 61 to 75 of the  
Trade Union Act, as amended.  
(b)  
The Employer recognizes the Union as the exclusive bargaining agent on  
behalf of all Employees of the Employer who occupy positions in the  
bargaining unit described in paragraph (a) for which the Union was  
certified or voluntarily recognized as bargaining agent before April 1, 2015  
for all purposes other than those listed in paragraph (a).  
2.02 No Other Agreements  
No Employee(s) shall be required or permitted to make any written or verbal  
agreement with the Employer or its representatives, which conflict with the terms  
of this Agreement.  
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2.03 No Discrimination for Union Activity  
The parties agree that there will be no discrimination, interference, restriction, or  
coercion exercised or practised with respect to any Employee for reason of membership  
or legal activity in the Union.  
2.04 No Discrimination  
The Union and the Employees support a workplace free of discrimination. Neither the  
Employer, nor any person acting on behalf of the Employer, shall refuse to continue to  
employ any Employee or otherwise discriminate against any Employee, on the basis of  
race, religion, creed, colour, ethnic or national or aboriginal origin, sex, sexual  
orientation, source of income; political belief, affiliation or activity; family status, marital  
status, age, or physical disability or mental disability, except as authorized by the Human  
Rights Act.  
2.05 Sexual and Personal Harassment  
The Employer shall provide and the Union and Employees shall support a workplace  
free from personal or sexual harassment and any other harassment based on the  
protected characteristics set out in Article 2.03. The Employer shall maintain a policy on  
workplace harassment.  
2.06 Same Sex Family Status  
Any applicable family oriented benefits, e.g., bereavement leave, medical/dental, etc.  
shall be available to families with same sex spouses except for pension plans where the  
pension plan contemplates otherwise.  
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2.07  
Diversity  
The Employer and the Union recognize the values of diversity in the workplace and will  
work cooperatively toward achieving a work environment that reflects the interests of a  
diverse work force.  
2.08 Mandatory Membership  
All Bargaining Unit Employees shall become and remain members of the  
appropriate Constituent Union in accordance with that Union’s bylaws and  
constitution. Notwithstanding the foregoing, an Employee’s loss of membership in  
the appropriate Constituent Union shall not result in the termination of the  
Employee’s employment with the Employer.  
2.09 The Employer and the Unions recognize their respective obligations to  
accommodate a disabled Employee to the point of where it is impossible to do so  
without undue hardship. A disabled Employee has a duty to cooperate and assist  
the Employer and the Union or Unions in developing a suitable accommodation.  
ARTICLE 3 - APPLICATION  
3.01 This Agreement, including each of the Memoranda of Agreement and the Appendices  
which are attached, apply to and are binding on the Union, the Employees and the  
Employer.  
ARTICLE 4 - FUTURE LEGISLATION  
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4.01 In the event that any law passed by the Legislature applying to the Employees covered  
by this Agreement renders null and void any provision of this Agreement, the remaining  
provisions of the Agreement shall remain in effect for the term of the Agreement.  
ARTICLE 5 - MANAGEMENT RIGHTS  
5.01 Management Rights  
The management and direction of Employees and operations is vested exclusively in the  
Employer. All the functions, rights, power and authority which the Employer has not  
specifically abridged, deleted or modified by this Agreement are recognized by the Union  
as being retained by the Employer.  
5.02 Consistent Application  
The Employer agrees that management rights will not be exercised in a manner  
inconsistent with the express provisions of this Agreement.  
ARTICLE 6 - RIGHTS AND PROHIBITIONS  
6.01 No Lockout or Strike  
The Employer shall not cause a lockout and an Employee shall not strike during the term  
of this Agreement.  
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6.02 No Sanction of Strike  
The Union shall not sanction, encourage, or support financially or otherwise, a strike by  
its members or any of them who are governed by the provisions of this Agreement  
during the term of this Agreement.  
6.03 Emergency Services  
(a)  
Notwithstanding an Employee’s right to strike, the Union agrees that during a  
legal strike, a sufficient number of bargaining unit Employees will be provided to  
assist the Employer where there are insufficient numbers of excluded persons to  
provide emergency treatment or care of any patient, if, in the opinion of the  
majority of the Emergency Services Evaluation Committee, a patient’s life would  
be endangered.  
(b)  
The Emergency Services Evaluation Committee shall consist of equal  
representation from the Employer and the Union.  
(c)  
Article 6.03 will only be operative in the absence of essential services  
legislation.  
ARTICLE 7 - UNION INFORMATION AND OFFICE  
7.01 Bulletin Boards  
The Employer shall provide adequate and visible bulletin board space for the posting of  
notices by the Union pertaining to elections, appointments, meeting dates, news items,  
social and recreational affairs.  
7.02 Distribution of Union Literature  
(a)  
The Employer will provide space to the Union during Employee orientation to  
allow the Union to distribute Union literature related to the orientation of new  
Union members.  
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(b)  
The Employer shall, where facilities permit, make available to the Union specific  
locations on its premises for the placement of bulk quantities of literature of the  
Union.  
(c)  
Computer Access  
Where possible, providing no additional costs are incurred by the  
Employer, one (1) authorized representatives of the each Union shall be  
entitled to submit for posting on the Employer's electronic communication  
system one electronic Union notice per month for members of the  
Bargaining Unit.  
The Employer shall determine the method of  
distribution. The Employer shall review all proposed notices and retain a  
discretion not to post any notice that it deems unlawful or contrary to the  
Employer’s interests, which discretion shall not be unreasonably  
exercised. The Union agrees to indemnify the Employer for any liability  
arising out of offensive or otherwise unlawful notices posted by  
the Union. Nothing in this Article requires a change to  
distribution practices that existed prior to April 1, 2015.  
7.03 Union Office  
The Employer will provide the Union with office within the CDHA. The Union is  
responsible for the provision of all items in this office, other than desk, chairs, filing  
cabinet and local distance telephone.  
ARTICLE 8 – INFORMATION  
8.01 Copies of Agreement  
The Employer agrees to post a copy of the Agreement on the Employer’s web site and  
intranet. Upon request by an Employee, the Employer will provide a bound copy of the  
agreement to the Employee within one calendar week. Upon request by the Union, the  
Employer agrees to provide a reasonable number of bound booklets for use by Union  
representatives and Stewards.  
8.02 Letter of Appointment  
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An Employee, upon hiring or change of status, shall be provided with an electronic  
statement of her classification and employment status, including designation as to her  
percentage of full-time hours, and pay scale applicable to her position. An Employee  
may request a paper copy in the event the Employee does not have regular  
computer access. A copy of this statement shall be sent to the Union at the same time  
as it is sent to the Employee.  
8.03 Employer to Acquaint New Employees  
The Employer agrees to provide new Employees with a copy of the Collective  
Agreement in effect and acquaint them with the conditions of employment set out in the  
articles concerning checkoff and stewards.  
(a)  
During orientation, the Employer will provide each new Employee with a  
link to an electronic package prepared by the Union along with a link to a  
copy of the collective agreement. The Employer will update the link as  
required by the Union.  
(b)  
Where the Employer holds in-person orientation, the Union shall be  
permitted 10 minutes at the end of the agenda to address bargaining unit  
members with no loss of regular pay during or following the orientation  
program.  
8.04 Job Fact Sheet / Position Descriptions  
(a)  
Upon request by the Employee, the Employer shall provide the position  
description or job fact sheet for the classification outlining the duties and  
responsibilities assigned to her position.  
(b)  
The Employer will endeavour to ensure that position descriptions are reviewed  
and revised where necessary at periodic intervals but under no circumstances  
shall that interval be in excess of three (3) years.  
(c) (b) Copies of all current position descriptions or job fact sheets shall be forwarded  
to the Union upon signing of this Agreement. Thereafter, all new and revised  
position descriptions or job fact sheets shall be provided to the Union within  
fifteen (15) days of creation or revision.  
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8.05 Bargaining Unit Information  
The Employer agrees to provide the Union such information relating to Employees in the  
bargaining unit as may be required by the Union for the purpose of collective bargaining.  
8.06 Union Information  
Upon hiring and o On a quarterly basis, the Employer shall provide the Union with  
the name, address, telephone number, hire date, classification, employment  
status, and pay rate of bargaining unit members.  
ARTICLE 9 – APPOINTMENT  
9.01 Appointment Status  
An Employee shall be appointed on a permanent basis, or on a casual basis in  
accordance with Article 37.  
9.02 Probationary Period  
(a)  
(b)  
Notwithstanding Article 9.01, a newly hired Employee may be appointed to her  
position on a probationary basis for a period not to exceed 495 hours of time  
actually worked or twelve (12) nine (9) months, whichever is greater.  
A previous permanent Employee whose employment was terminated for any  
reason and who is re-employed in the same classification within twelve (12)  
months from the date of such termination shall not be required to undergo a  
second (2nd) probationary period.  
9.03 Confirmation of Permanent Appointment  
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(a)  
(b)  
The Employer may after a permanent Employee has served in a position on a  
probationary basis for a period of six (6) months, confirm the appointment on a  
permanent basis.  
The Employer shall, after the permanent Employee has served in a position on a  
probationary basis for the period indicated in Article 9.02(a), confirm the  
appointment on a permanent basis.  
9.04 Termination of Probationary Appointment  
(a)  
(b)  
The Employer may terminate a probationary appointment at any time.  
If the employment of an Employee appointed to a position on a probationary  
basis is to be terminated for reasons other than wilful misconduct or  
disobedience or neglect of duty, the Employer shall advise the Employee of the  
reasons in writing not less than ten (10) days prior to the date of termination.  
(c)  
The Employer shall notify the Union when a probationary Employee is  
terminated.  
9.05 Pay in Lieu of Termination Notice  
Where less notice in writing is given than required in Article 9.04(b), an Employee  
terminated in accordance with Article 9.04(b) shall continue to receive her pay for the  
number of days prior to the date of termination.  
9.06 Notification to the Union  
The Employer shall advise the Union of the appointment, termination, or change of  
status of each Employee in the bargaining unit in accordance with Article 8.06.  
9.07 Secondment  
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Where an Employee is being seconded from the Employer to a position involving the  
Health Sector of the Broader Public Sector, the terms and conditions of the secondment  
agreement will be established by agreement of the Employer and the Union.  
ARTICLE 10 - JOB POSTING  
Job Posting  
10.01  
(a)  
(b)  
When a new permanent position, a permanent vacancy, or a Long Assignment  
is created within the bargaining unit, the Employer shall post an electronic  
notice of such position. In work locations where electronic job postings are not  
possible or practical, a list of job postings will be placed in a visible location.  
(i)  
The posting of a permanent position or vacancy, shall be for a  
minimum of ten (10) days.  
(ii)  
The posting of a Long Assignment be for a minimum of five (5)  
days  
(c)  
(d)  
Should a Short Assignment not be able to be filled in accordance with Article  
38.07, the posting of a Short Assignment shall be for a minimum of five (5)  
days.  
The notice posted shall indicate:  
(i)  
the classification and work area;  
(ii)  
whether the posting is for a permanent position, or a Long or  
Short Assignment (if necessary);  
(iii)  
(iv)  
the expected duration of the Assignment; and  
whether the appointment is full-time or part-time, and any applicable  
part time designation;  
(v)  
an overview of the skills, abilities and qualifications required.  
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(e)  
(f)  
Only those postings which cannot be filled with a qualified Employee from any  
the bargaining unit will be available for filling from outside any of the bargaining  
unit.  
Conditional Appointment  
Where the Employer deems it necessary to recruit Employees from  
within the bargaining unit who do not meet the qualifications of the  
position but are currently enrolled in a program leading to meeting the  
qualifications in a reasonable time period as determined by the  
Employer, such Employees may be appointed to the position on a  
training basis starting at the first step with the condition that the  
Employee obtain the required qualifications within that time period.  
Failure of the Employee to achieve the required qualifications within the  
agreed time period or any mutually agreed extension to such time  
period will result in the Employee being returned to their former  
position or to an equivalent position where their former position is not  
available. Notwithstanding any other provisions of this agreement, the  
Employer shall not be responsible for providing any financial  
assistance to the Employee to complete the program or obtain  
qualifications.  
10.02 Filling Vacancies or Assignments  
Where it is determined by the Employer that:  
(a)  
(b)  
two or more bargaining unit applicants for a position in a bargaining unit are  
qualified and  
those applicants are of equal merit, preference in filling the vacancy or  
Assignment shall be given to the applicant with the greatest length of  
seniority.  
(c)  
In the event that vacancy arises in the same position / classification title,  
within the same work area(s) and/or service within a three (3) month period  
of the closing date of the competition, the Employer is not required to post  
the vacancy. The position may be filled through a prior or existing  
competition within the three (3) month period.  
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Notwithstanding the above, the Employer may award the position to the most  
senior applicant without conducting interviews.  
(d)  
Positions will be awarded to the successful candidate as soon as is  
reasonably possible following the closing date for the job posting.  
10.03 Unsuccessful Candidate  
An unsuccessful applicant from the Bargaining Unit may, within 10 days  
of notification of the awarding of the position, make a request for an  
explanation as to why he/she was not granted the position. The Employer  
shall provide an explanation to the Employee as soon as practicable after  
receipt of the request. The time limit for the filing of a grievance under  
Step One of the Grievance Procedure shall run from the date the  
Employee receives the explanation from the Employer.  
10.04 Trial Period  
Should the successful candidate for a posted vacancy be a current  
Employee, she will be placed in the position on a trial period for up to four  
hundred and ninety-five (495) hours. If she proves unsatisfactory in the  
new position, or chooses to return to her former position during the trial  
period, she will be returned to her former position and salary without any  
loss of seniority and any other Employee promoted or transferred because  
of the rearrangement of positions will be returned to her former position  
and salary without loss of seniority.  
10.05 Retention of Status  
A permanent Employee who successfully bids for a Long Assignment, or a Short  
Assignment (if posted), shall be entitled to retain her status as a permanent  
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Employee, and shall be entitled to return to her former position. If the position no  
longer exists, the matter shall be referred to the Joint Committee on Technological  
Change.  
10.06 Grievance/Arbitration  
Notwithstanding any other provision of this Agreement, for the purposes of this Article,  
an Employee has the right to grieve any filling of a vacancy or Assignment in any the  
bargaining unit.  
10.07 Placement in New Position  
A successful internal applicant shall normally be placed in a new position within sixty  
(60) days of her appointment. If such placement does not occur within the sixty (60)  
day period due to operational requirements, the successful applicant will receive the  
higher rate of pay, where applicable, effective the sixty-first (61st) day forty-sixth  
(46th) day.  
10.08 Temporarily Working in a Position Outside the Bargaining Unit  
(a)  
(b)  
(c)  
Where an Employee successfully competes for a position outside the any  
bargaining unit of the Employer and takes an approved leave of up to  
eighteen (18) months from his or her bargaining unit position to work in that  
position, the Employee has a right to return to his or her bargaining unit  
position at the expiry of the approved leave.  
While in the position outside the any bargaining unit of the Employer, the  
Employee shall not pay Union dues nor shall the Union have a duty to  
represent the Employee in any matter arising out of his or her position outside  
the bargaining unit. However, the Union reserves the right to represent the  
Employee in relation to his/her right to return to his/her bargaining unit position.  
Should the Employee apply for another position in the bargaining unit while  
on an approved leave from his or her position, the Employee shall be  
24  
considered an internal applicant.  
(d)  
An Employee who is appointed to a position outside the any bargaining unit of  
the Employer on an acting basis shall remain in the bargaining unit for the  
duration of the acting position unless the acting position extends beyond  
the time limits imposed by Article 32.21.  
ARTICLE 11 - CHECKOFF  
11.01 Deduction of Union Dues and Assessments  
The Employer will, as a condition of employment, deduct an amount equal to the amount  
of the membership dues and assessments uniformly by constituent union required to  
be paid by all members of the Union from the bi-weekly pay of all Employees in the  
bargaining unit.  
11.02 Notification of Deduction  
The Union shall inform the Employer in writing of the authorized deduction to be checked  
off for Employees mentioned in Article 11.01.  
11.03 Religious Exclusions  
Deductions for membership dues and assessments shall not apply to any Employee  
who, for religious reasons, cannot pay Union dues and assessments, provided she  
makes a contribution equal to said Union dues and assessments to some recognized  
charitable cause.  
11.04 Remittance of Union Dues and Assessments  
The amounts deducted in accordance with Article 11.01 shall be remitted to the  
Secretary-Treasurer separately to each of the Unions, to a person identified by  
each of the Unions, of the Union by cheque or direct deposit, within a reasonable time  
after deductions are made and shall be accompanied by particulars identifying each  
Employee and the deductions made on her behalf.  
11.05 Liability  
25  
The Union agrees to indemnify and save the Employer harmless against any claim or  
liability arising out of the application of this Article except for any claim or liability arising  
out of an error committed by the Employer.  
11.06 Professional Dues  
Upon mutual agreement between the Union and the Employer, the Employer may  
deduct the annual professional registration dues paid by Employees from the  
salary of the Employee and remit, where possible, directly to the professional  
association. Where the professional association will not accept the payment  
directly from the Employer, the Employer shall pay out the deducted fees to the  
Employee once per year at a time determined by the Employer. It is the  
responsibility of the Employee to ensure that all registration information is  
submitted to the Employee’s association within the submission deadline.  
ARTICLE 12 - STEWARDS  
12.01 Recognition  
The Employer acknowledges the right of the Union to appoint Employees as Stewards.  
12.02 Notification  
The Union agrees to provide the Employer with a list of Employees designated as Chief  
Stewards and as Stewards for the bargaining unit.  
12.03 Servicing of Grievances  
It is understood that the Officers, Stewards and members of the Union have their regular  
work to perform on behalf of the Employer. It is acknowledged that grievances should be  
serviced as soon as possible and that if it is necessary to service a grievance during  
26  
working hours, Stewards will not leave their jobs without giving an explanation for  
leaving and obtaining the Supervisor's permission. Permission will not be unreasonably  
withheld so long as operational requirements permit. The Steward shall report back to  
the Supervisor before resuming the normal duties of her position.  
ARTICLE 13 - TIME OFF FOR UNION BUSINESS  
13.01 Leave Without Pay  
Where operational requirements permit, and on reasonable notice, special leave without  
pay shall be granted to Employees for Union business:  
(a)  
as members of the Board of Directors of the Union the NSGEU and NSNU, or,  
in the case of CUPE, the Local Executive of CUPE 8920, or in the case of  
Unifor the Local Executive of Unifor 4600, for the attendance at Board  
meetings or, in the case of CUPE Local 8920 and Unifor 4600, for attendance  
at executive meetings;  
(b)  
(c)  
(d)  
(e)  
(f)  
as members of the Bargaining Unit Council Negotiating Committees of the Union  
Council for the attendance at Committee Meetings;  
as delegates to attend conventions of the Union’s respective national and  
affiliated bodies, including N.U.P.G.E., C.L.C., Nova Scotia Federation of Labour;  
as members of standing Committees of the Union Council for the attendance at  
meetings of standing Committees;  
as members of the Executive to attend Executive Meetings of the Nova Scotia  
Federation of Labour;  
for such other legitimate Union business as may be authorized by the Union such  
as, but not limited to, replacing Union staff, Union educational programs, etc.  
27  
Such permission shall not be unreasonably withheld.  
13.02 Notification to Employer  
The Union shall notify the Employer of the names of CDHA the Employees, including the  
department wherein the Employee is employed, who are members of the Board of  
Directors, the Union Executive and Bargaining Unit Council Negotiating Committees.  
13.03 Salary Continuance  
The Employer will continue the salary and benefits coverage of an Employee who is  
granted leave without pay in accordance with Article 13.01 and will bill the relevant  
Union for the Employee’s salary. If the leave extends beyond three calendar months,  
the Employer will, from that point, bill the relevant Union 1.2 times the Employee’s  
salary until the leave is concluded.  
13.04 Annual Meeting/Collective Bargaining Workshop  
(a)  
Where operational requirements permit and on reasonable notice as provided in  
Article 13.04(b), the Employer shall grant leave with pay for a period not  
exceeding four (4) three (3) working days, and leave without pay for travelling  
time for such portion of the working day prior to and following the meeting as may  
be required, to Employees who are elected or appointed as registered delegates  
to attend the Annual Meeting or the Collective Bargaining Workshop of the  
Union. Such permission shall not be unreasonably withheld. The Employer shall  
only grant such leave for either the Annual Meeting or the Collective Bargaining  
Workshop in any one year. However, upon three (3) months advance written  
request, and if operational requirements permit, the Employer may grant leave as  
provided herein for both the Annual Meeting and the Collective Bargaining  
Workshop in the same year if neither were held in the previous year.  
(b)  
The Union shall notify the Employer in writing of the names, including the  
department wherein the Employee is employed, of the registered delegates  
attending the Annual Meeting or the Collective Bargaining Workshop of the Union  
at least three (3) weeks in advance.  
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(c)  
Notwithstanding Article 13.05, the number of Employees entitled to attend the  
Collective Bargaining Workshop shall not exceed eight (8) five (5) per bargaining  
unit represented by the Union.  
13.05 Number of Employees Eligible  
The number of Employees of both the NSHA and the IWK, in the aggregate, eligible  
for special leave provisions under Articles 13.01 and 13.04 shall be in accordance with  
the numbers laid down in the Nova Scotia Government and General Employees Union  
Council’s Constitution.  
13.06 Contract and Essential Services Negotiations  
(a)  
Where operational requirements permit, and where reasonable notice is  
given, the Employer shall grant leave with pay for not more than ten (10)  
Council negotiating committee members in total between NSHA and IWK  
for the purpose of attending contract negotiation meetings with the  
Employer.  
(b)  
Where operational requirements permit, and where reasonable notice is  
given, the Employer shall grant leave with pay for not more than ten (10)  
Council essential services committee members in total between NSHA and  
IWK for the purpose of attending Essential Services negotiation meetings  
with the Employer.  
13.07 Arbitration and Joint Consultation  
Where operational requirements permit, and on reasonable notice, the Employer shall  
grant special leave with pay to Employees who are:  
(a)  
called as a witness by an Arbitration Board as prescribed by Article 26;  
(b)  
meeting with management in joint consultation as prescribed by Article 27.  
13.08 Grievance Meetings  
29  
Where operational requirements permit, and on reasonable notice, the Employer shall  
grant special leave with pay to an Employee for the purpose of attending grievance  
meetings with the Employer.  
13.09 No Loss of Service/ Seniority  
While on leave for Union business pursuant to this Article, an Employee shall continue to  
accrue and accumulate service and seniority credits for the duration of her leave, and  
her service and seniority shall be deemed to be continuous.  
13.10 Leave of Absence for the Full-time President  
Leave of absence for the full-time President of the Union shall be granted in accordance  
with the following:  
(a)  
An Employee who declares her intention to offer for the position of President of  
the Union shall notify the Employer as soon as possible after declaring her  
intention to seek the office of the President.  
(b)  
(c)  
(d)  
An Employee elected or appointed as President of the Union shall be given leave  
of absence without pay for the term(s) she is to serve.  
A leave of absence for a second (2nd) and subsequent consecutive term(s) shall  
be granted in accordance with paragraph (a) and (b).  
For the purposes of paragraph (b) and (c), the leave of absence shall commence  
as determined by the Union, provided one month’s notice is provided to the  
Employer.  
(e)  
All benefits of the Employee shall continue in effect while the Employee is  
serving as President, and, for such purposes, the Employee shall be deemed to  
be in the employ of the Employer.  
30  
(f)  
(g)  
(h)  
(i)  
Notwithstanding paragraphs (b) and (e), the gross salary of the President shall  
be determined by the Union and paid to the President by the Employer, and the  
amount of this gross salary shall be reimbursed to the Employer by the Union.  
Upon expiration of her term of office, the Employee shall be reinstated in the  
position she held immediately prior to the commencement of leave, or if the  
position no longer exists, to another position in accordance with this Agreement.  
Notwithstanding paragraph (b) or any provision of this Agreement to the contrary,  
the period of leave of absence shall be deemed to be continuous service with the  
Employer for all purposes.  
Notwithstanding the provisions of the Agreement, vacation earned but not used  
prior to taking office shall be carried over to be taken in the fiscal year in which  
the Employee returns from leave of absence.  
(j)  
The Union shall reimburse to the Employer the Employer’s share of contributions  
for EI premiums, Canada Pension Plan, other pension and group insurance  
premiums made on behalf of the Employee during the period of leave of  
absence.  
ARTICLE 14 - HOURS OF WORK  
14.01 Hours of Work  
(a)  
Unless this Agreement provides otherwise, the hours of work shall be seventy-  
five (75) hours per bi-weekly period, normally consisting of ten (10) seven and  
one-half (7 ½) hour shifts, or seventy (70) hours per bi-weekly period,  
normally consisting of ten (10) seven (7) hour shifts.  
(b)  
Overtime Exception  
31  
Where, during a regular scheduled shift rotation, an Employee may be required  
to work in excess of seventy-five (75) hours in a two-week (2) period, additional  
hours shall not constitute overtime in that two (2) week period, provided the  
hours of work average seventy-five (75) hours per two (2) weeks of each  
complete cycle of the shift rotation.  
(c)  
Rest Intervals between Scheduled Shifts  
With the exception of Employees who are working shifts greater than seven and  
one-half (7 ½) hours, every reasonable effort shall be made by the Employer to  
avoid scheduling the commencement of a shift within sixteen (16) hours of the  
completion of the Employee’s previous shift. In addition to situations arising  
pursuant to Article 14.03, shift arrangements requested by the Employee(s) in  
writing and approved by the Employer, in variance to the foregoing, shall not  
constitute a violation of this provision.  
(d)  
Allied Health Instructors  
(i)  
The hours of work for Allied Health Instructors shall be seventy (70)  
hours per two (2) week period exclusive of meal breaks.  
(ii)  
Allied Health Instructors shall be allowed five (5) days’ leave with  
pay at a time agreeable to both the Employee and the Employer  
when classes are in abeyance or at another mutually acceptable  
time.  
14.02 No Guarantee of Hours  
An Employee’s scheduled hours of work shall not be construed as guaranteeing the  
Employee minimum or maximum hours of work but is a basis for computing overtime.  
14.03 Deviations from Scheduled Hours  
It is recognized and understood that deviations from the regular schedules of work will  
be necessary and will unavoidably result from several causes, such as, but not limited  
to, leaves of absence, absenteeism, temporary shortage of personnel, and emergencies.  
Such deviations shall not be a violation of this Agreement.  
32  
14.04 Flexible Working Hours  
The Employer will, where operational requirements and efficiency of the service permit,  
authorize experiments with flexible working hours if the Employer is satisfied that an  
adequate number of Employees have requested and wish to participate in such an  
experiment.  
14.05 Modified Work Week  
Where Employees in a unit have indicated a desire to work a modified work week, the  
Employer may authorize experiments with modified work week schedule, providing  
operational requirements permit and the provision of services are not adversely affected.  
The averaging period for a modified work week shall not exceed three (3) calendar  
weeks, and the work day shall not exceed ten (10) hours.  
14.06 Return to Regular Times of Work  
In the event that a modified work week or flexible working hours system:  
(a)  
(b)  
(c)  
does not result in the provision of a satisfactory service to the public;  
incurs an increase in cost to the employing department; or  
is operationally impractical for other reasons;  
the Employer may require a return to regular times of work, in which case the  
Employees shall be provided with sixty (60) calendar days’ advance notice of such  
requirement.  
14.07 Shift Duration  
(a)  
In the event that an existing shift duration  
(i)  
does not result in the provision of satisfactory service to the public; or  
is operationally impractical for other reasons;  
(ii)  
33  
the Employer will consult with the Union, with the view to minimizing any adverse  
effects that a change to existing shift duration may have on Employees.  
(b)  
(c)  
The Employer will give the Employees sixty (60) calendar days advance notice of  
the shift requirement; and invite expressions of interest.  
The expression of interest notice shall include the required:  
(i)  
number of Employees;  
classification;  
(ii)  
(iii)  
abilities, experience, qualifications, special skills and physical fitness,  
where applicable, reflecting the functions of the job concerned; and  
(iv)  
shift duration.  
(d)  
(e)  
(f)  
If there are more qualified volunteers than required, preference in filling the  
positions shall be given to the Employees with the greatest length of seniority.  
If there are fewer qualified volunteers than required, the Employer shall staff the  
shifts with qualified Employees, in reverse order of seniority.  
Nothing in this Article precludes the Employer from:  
(i)  
maintaining any and all shift arrangements in effect prior to the signing of  
this Agreement;  
(ii)  
hiring Employees to staff a specific shift duration;  
(iii)  
continuously assigning an Employee to a specific shift duration at the  
Employee’s request, where such continuing assignment is acceptable to  
the Employer.  
34  
14.08 Meal Breaks and Rest Periods  
For each seven and one-half (7 ½) hour shift, subject to the provisions of Article 14.09,  
the Employer shall provide an unpaid meal break of one-half (½) hour and paid rest  
periods totalling one-half (½) hour, not to be taken in less than two (2) breaks. The  
Employer shall schedule meal breaks in such a way that an Employee be permitted to  
leave her work area. Operational requirements may be such that these breaks may not  
be able to be taken off the premises. These breaks shall be prorated for shift duration.  
14.09 Recall From Meal Breaks and Rest Periods  
Should an Employee be recalled to duty during the designated meal break as provided  
in Article 14.08 and the entire meal break cannot be rescheduled during the shift, the  
meal break shall be deemed to be time worked and compensated for at the applicable  
overtime rate set out in Article 15. Should an Employee be recalled to duty during the  
time provided in Article 14.08, other than during the designated meal break, and time off  
equal to the difference between the break time taken and the total break allowance  
cannot be granted during the shift, the break time not taken because of recall to duty  
shall be considered as overtime and compensated for in accordance with the provisions  
of Article 15.  
14.10 Coverage  
The Employees agree to maintain staff coverage which, in the opinion of the Employer,  
is adequate for all operational units during a shift change, meal breaks, and rest periods.  
14.11 Days Off  
During the two (2) week period Employees shall, whenever possible, receive two (2)  
days off in each calendar week or four (4) days off in each two (2) week period. At least  
two (2) of the days off in the two (2) week period shall be consecutive days off.  
14.12 Consecutive Shifts  
(a)  
The Employer will endeavour, where possible, to provide that no Employee is  
scheduled to work more than seven (7) consecutive days in a two (2) week  
35  
period. This does not preclude shift arrangements, acceptable to both the  
Employer and the Employee(s), in variance to the foregoing.  
(b)  
Subject to the limitations of Article 14.03, the Employer shall provide that no  
Employee is scheduled to work more than five (5) consecutive evening shifts or  
five (5) consecutive night shifts in a two (2) week period. This does not preclude  
shift arrangements requested by the Employee, in writing, acceptable to both the  
Employer and the Employee(s) in variance to the foregoing.  
(c)  
(d)  
Unless mutually agreed otherwise, Employees shall not be required to work  
more than a total of sixteen (16) hours (inclusive of regular hours and  
overtime hours) in a twenty-four (24) hour period beginning at the first hour  
the Employee reports to work, except in emergency situations.  
An Employee who works more than sixteen (16) hours as set out in Article  
14.12 (c) shall be entitled to a rest interval of eight (8) hours before the  
commencement of her or his next shift. The rest interval shall not cause a  
loss of regular pay for the hours not worked on that shift. If mutually  
agreeable between the Employee and the Employer, arrangements in  
variance to the foregoing will be acceptable and will not constitute a  
violation of this Article.  
14.13 Posting of Shift Schedules  
(a)  
Shift and standby schedules shall be posted at least four (4) weeks in advance  
of the schedule to be worked and the schedule shall be for a minimum of two (2)  
weeks. The Employer shall make every reasonable effort not to change shifts. If  
the Employer changes the shift schedule within forty-eight (48) hours of the shift,  
the Employee(s) affected shall be entitled to overtime compensation for that shift.  
The Employer must inform Employees of the shift changes made to the posted  
schedules.  
36  
(b)  
When the Employer requires an Employee who is regularly scheduled to work  
Monday through Friday, to work on a weekend as part of her regular bi-weekly  
hours the Employer shall make every reasonable effort to provide the Employee  
with four (4) weeks’ notice, but in any case not less than two (2) weeks’ notice of  
the weekend work.  
14.14 Exchange of Shifts  
Provided advance notice is given, which notice in the opinion of the Employer is deemed  
sufficient, and with the approval of the Employer, Employees may exchange shifts,  
where operational requirements permit, and there is no increase in cost to the Employer.  
14.15 Week-ends Off  
Where operational requirements permit, the Employer will endeavour to provide each  
Employee one (1) weekend off in two (2), but in no case shall there be less than one (1)  
week-end off in three (3).  
Arrangements and modifications to same in variance to the foregoing may be mutually  
agreed upon between the Employer and the Employee.  
14.16 Split Shifts  
No shift shall be split for a period longer than the regularly scheduled meal and rest  
periods as provided for in Article 14.08.  
14.17 Rotation of Shifts  
Employees required to work rotating shifts (day, evening and night duty) shall be  
scheduled in such a way as to, as equitably as possible, assign the rotation equally. This  
does not preclude an Employee from being continuously assigned to an evening or night  
shift at the Employee’s request where such continuing assignment is acceptable to the  
Employer.  
14.18 Conversion of Hours  
37  
Except as otherwise provided in this Agreement, the following paid leave benefits will be  
converted to hours on the basis of one day’s benefit being equivalent to 1/10 of the  
regular bi-weekly hours for the Employee’s classification:  
Calculation of Service Related Benefits under Article 1.02(b)  
Leave for Adoption of Child  
Annual Vacation Entitlement  
General Leave  
Vacation Carry Over  
Illness/Injury Benefit  
Paid Holidays under Article 18.01  
Rest Periods  
Bereavement Leave  
Acting Pay - Qualifying Period  
Leave for Birth of Child  
ARTICLE 15 – OVERTIME  
15.01 Overtime Exclusions  
(a)  
(b)  
Except for Allied Health Instructors, all positions in the bargaining unit shall be  
eligible for overtime compensation.  
Allied Health Instructors shall be entitled to five (5) days leave with pay pursuant  
to Article 14.01(d)(ii) but shall not be entitled to the provisions of Article 15.01(c)  
and (d).  
15.02 Definitions  
In this Article and Article 18:  
38  
(a)  
(b)  
“overtime” means authorized work in excess of an Employee's regular work day  
or normal bi-weekly hours for Employees whose hours of work are set out in  
Article 14.01.  
“time and one-half” means one and one-half (1 ½) times the straight time rate  
calculated by the formula:  
bi-weekly rate x 1 ½  
normal bi-weekly hours  
(c)  
"double time" means two (2) times the straight time rate calculated by the  
formula:  
bi-weekly rate x 2  
normal bi-weekly hours  
15.03 Allocation and Notice of Overtime  
Subject to the operational requirements of the service, the Employer shall make every  
reasonable effort:  
(a)  
(b)  
to allocate overtime work on a fair and equitable basis among readily available  
and qualified Employees; and  
to give Employees who are required to work overtime, adequate advance notice  
of this requirement.  
39  
15.04 Union Consultation  
The Union is entitled to consult the Employer or its representative, whenever it is alleged  
that Employees are required to work unreasonable amounts of overtime.  
15.05 Overtime Compensation  
Time worked in addition to the regular scheduled shifts or time worked in a bi-weekly pay  
period that is in excess of the bi-weekly hours shall be compensated at the rate of one  
and one half (1½T) times the regular hourly rate for the overtime worked. An Employee  
who works in excess of four (4) hours overtime in any one day shall be compensated at  
the rate of two times (2T) the regular hourly rate for the overtime worked which shall  
include the first four (4) hours at double time.  
15.06 Overtime Eligibility  
An Employee must work at least fifteen (15) minutes beyond her normal shift before  
being eligible for overtime compensation.  
15.07 Overtime Meal Allowance  
An Employee, who is required to work a minimum of three (3) hours' overtime  
immediately following her scheduled hours of work and where it is not practical for her to  
enjoy her usual meal time before commencing such work, shall be granted reasonable  
time with pay, as determined by the Employer, in order that she may take a meal break  
either at or adjacent to her place of work. Under such conditions she shall be provided a  
voucher for one (1) meal in the amount of $15.00 or where meal service is unavailable,  
the Employee will receive reimbursement in the amount of $15.00 through the payroll  
system.  
15.08 Computation of Overtime  
In computing overtime a period of thirty (30) minutes or less shall be counted as one-half  
(½) hour and a period of more than thirty (30) minutes but less than sixty (60) minutes  
shall be counted as one (1) hour.  
40  
15.09 Form of Compensation  
Compensation for overtime shall be paid except where, upon request of the Employee,  
and with the approval of the Employer, or its representative, overtime may be granted in  
the form of time off in lieu of overtime hours worked.  
15.10 Time Off in Lieu of Overtime  
Where time off with pay in lieu of overtime hours worked has not been granted prior to  
the end of the second (2nd) calendar month immediately following the month in which the  
overtime was worked, compensation for overtime shall be paid.  
Employees may be permitted to continuously carry an accumulation of up to  
seventy-five (75) hours. The Employer shall divide the year into four (4)  
quarters. At the end of each quarter, the Employer may payout any unused  
overtime down to seventy-five (75) hours.  
15.11 Carry Over of Overtime  
Notwithstanding Article 15.10, an Employee may request to have accumulated overtime  
carried over for a maximum of twelve (12) months. Such a request shall not be  
unreasonably denied. If time off with pay in lieu of overtime hours has not been granted  
prior to the end of this time, compensation for overtime shall be paid.  
15.12 No Layoff to Compensate for Overtime  
An Employee shall not be subject to layoff by the Employer during regularly scheduled  
hours of work, established in accordance with Article 14, in order to equalize any  
overtime worked.  
41  
15.13 Daylight Saving Time  
The changing of Daylight Saving Time to Standard Time, or vice versa, shall not result in  
Employees being paid more or less than their normal scheduled daily hours. The hour  
difference shall be split between the Employees completing their shift and those  
commencing their shift.  
15.14 Call-In  
(a)  
An Employee required to report back to work after leaving the premises of the  
work location following completion of a shift, but before the commencement of  
the next shift, except as required under Article 16, or called back to work on a  
day the Employee is not scheduled to work, except as required under Article 16,  
shall be granted a minimum of four (4) hours pay at straight time rates or the  
applicable overtime rate, whichever is greater. The minimum guarantee of four  
(4) hours pay shall not apply to part-time Employees who are offered additional  
hours for a period of less than four (4) hours.  
(b)  
An Employee on the Employer’s premises prior to the commencement of her  
shift, who is requested to begin work by the Employer, shall be eligible for  
overtime rates for that period of time before her actual shift is scheduled to begin.  
15.15 Compensation for Performing Other Duties  
When an Employee is required to work overtime and during the overtime hours performs  
duties of a classification other than the duties of her regular classification, she will be  
compensated for the overtime worked at the rate applicable to the duties performed  
during the overtime but shall in no case be paid a rate lower than her regular overtime  
rate.  
ARTICLE 16 - STANDBY AND CALLBACK  
16.01 Standby Compensation  
42  
(a)  
(b)  
Employees who are required by the Employer to standby shall receive standby  
pay of sixteen dollars and twenty-one cents ($16.21) for each standby period  
of eight (8) hours or less.  
Employees who are required by the Employer to standby on a Holiday as listed  
in Article 18, shall receive standby pay of thirty two dollars and forty cents  
($32.40) for each standby period of eight (8) hours or less.  
16.02 Employee Availability  
(a)  
(b)  
An Employee designated for standby duty shall be available during her period  
of standby duty at a known telephone number or pager number and be able to  
report for duty as quickly as possible if called.  
The Employer, at its own expense, will supply pagers to members of the  
bargaining unit who are designated for standby duty.  
16.03 Failure to Report  
No compensation shall be granted for the total period of standby if the Employee is  
unable to report for duty when required.  
16.04  
Callback Compensation  
(a) An Employee who is called back to work and who reports for work shall be compensated  
for a minimum of four (4) hours at the straight time rate for the period worked, or at the  
applicable overtime rate, whichever is greater. The minimum guarantee of four (4) hours  
pay at the straight time rate shall apply only once during each eight (8) consecutive hours  
on standby.  
(b) When a part-time Employee is not scheduled to work but is required by the Employer to  
standby, the day(s) on standby shall be considered as the Employee’s rest day(s) and  
shall be compensated for all call back as overtime in accordance with Article 15 or a  
minimum of four (4) hours at the straight time rate, whichever is greater.  
(c) Stand-by shall not be forfeited in the event of a call back.  
43  
(d) The Employer will make reasonable efforts to divide standby opportunities  
equitably among qualified Permanent Employees and for Casual Employees in  
long or short assignments. Notwithstanding the above, qualified Casual  
Employees can be added to the rotation(s) if in the opinion of the Employer, there  
are not enough Permanent Employees able to be scheduled for stand-by on a unit  
or in a department as appropriate.  
16.05 Transportation Allowance and Parking for Callback  
Employees called back shall be reimbursed for transportation to and from the work  
place to a maximum of ten dollars ($10.00) per call each way. When Employees are  
called back to work at a site which is not their home base, he or she will receive  
the kilometer rate or ten dollars ($10.00) each way, whichever is greater. An  
Employee who is called back to work and who reports for work shall be reimbursed  
for parking costs.  
16.06 Rest Interval After Callback  
The Employer shall provide at least six (6) hours between the time an Employee  
completes a period of callback and the commencement of the Employee’s next  
scheduled shift. During an eight (8) hour period of standby, if the first callback is within  
two (2) hours of the commencement of the next scheduled shift, the Employee shall not  
be entitled to a six (6) hour rest interval. If mutually agreeable between the Employee  
and the Employer, arrangements in variance to the foregoing will be acceptable and  
will not constitute a violation of this Article.  
16.07 Compensation Where Rest Interval Not Taken  
Subject to Article 16.06, where, because operational requirements do not permit or  
where mutually agreeable variations between the Employee and the Employer are not  
acceptable, the six (6) hour rest period, pursuant to Article 16.06, cannot be  
accommodated, the hours worked from the commencement of the regular shift to the  
end of the period on which the rest period would normally end shall be compensated at  
the rate of time and one-half (1 ½T).  
16.08 Remote Consulting on Stand-by  
44  
Employees on Stand-by within a service providing who provide telephone and/or  
online consulting support shall and where the Employee is assigned to be  
available to provide such service, the Employee shall be compensated for  
availability, in addition to the Standby pay set out in Article 16.01, with pay be paid  
the greater of:  
(a) for the total actual time spent on the phone or online consulting during the  
Standby period at the applicable overtime rate of one and one half (1.5x) times  
the Employee’s regular hourly rate The minimum telephone and/or online  
consult shall be or  
(b) thirty (30) minutes per incident at the Employee’s regular hourly rate.  
ARTICLE 17 – VACATIONS  
17.01 Annual Vacation Entitlement  
(a)  
An Employee shall be entitled to receive annual vacation leave with pay:  
(i)  
each year during her first forty-eight (48) months of service at the rate of  
one and one-quarter (1 1/4) days for each month of service; and  
(ii)  
(iii)  
each year after forty-eight (48) months of service at the rate of one and  
two-thirds (1 2/3) days for each month of service; and  
each year after one hundred and sixty-eight (168) months of service at  
the rate of two and one-twelfth (2-1/12) days for each month of service;  
and  
(iv)  
each year after two hundred and eighty-eight (288) months of service at  
the rate of two and one half (2 ½) days for each month of service.  
45  
(b)  
An Employee who, as of February 19, 2001, has earned entitlement to more  
vacation than provided for in Article 17.01(a) of the collective agreement by virtue  
of her terms and conditions of employment with a predecessor employer shall  
retain that entitlement. Any future increase in vacation entitlement for such  
Employees shall be pursuant to Article 17.01(a).  
17.02 Vacation Year  
The vacation year shall be April 1 to March 31, inclusive.  
17.03 Authorization  
An Employee shall be granted vacation leave at such time during the year as the  
immediate management supervisor determines.  
17.04 Vacation Scheduling  
(a)  
Except as otherwise provided in the Agreement, vacation leave entitlement shall  
be used within the year in which it is earned. The Employee shall advise the  
immediate management supervisor in writing of her vacation preference as soon  
as possible for the following vacation year but by February 1st for vacations in  
the period April 1st to September 30th and shall include requests for  
vacations during the December holiday period (December 16 to January 4)  
and/or March Break vacations for the following year, and by August 1st for  
vacations in the period October 1st to March 31st. The Employer will post  
approved vacations in writing by March 15th and September 15th  
respectively. before March 1st in each year. The immediate management  
supervisor will respond in writing by April 1st indicating whether or not the  
Employee's vacation request is authorized.  
(b)  
(c)  
Preference in vacation schedule shall be given to those Employees with greater  
length of seniority.  
After the vacation schedule is posted, if operational requirements permit  
additional Employee(s) to be on vacation leave, such leave shall be offered to  
Employees on a work unit by seniority to those Employees who may have  
46  
requested the leave but were denied the leave for their request submitted before  
February 1st or August 1st March 1st. Any additional vacation shall be granted  
on a first come, first serve basis.  
17.05 Employee Request  
Subject to the operational requirements of the service, the Employer shall make every  
reasonable effort to ensure that an Employee's written request for vacation leave is  
approved. Where, in scheduling vacation leave, the Employer is unable to comply with  
the Employee's written request, the immediate management supervisor shall:  
(a)  
(b)  
give the reason for disapproval; and  
make every reasonable effort to grant an Employee's vacation leave in the  
amount and at such time as the Employee may request in an alternative request.  
Where operational requirements necessitate a decision by the Employer to place a  
restriction on the number of Employees on vacation leave at any one time, preference  
shall be given to the Employees with the greatest length of seniority.  
17.06 Restriction on Numbers of Employees on Vacation  
(a)  
During the peak vacation period, commencing the second full week of June and  
ending after the second full week of September of each year, preference for a  
period of up to four (4) complete weeks of unbroken vacation shall be given to  
Employees with the greatest length of seniority. To exercise this preference, an  
Employee need not pick consecutive weeks.  
(b)  
After each Employee has been granted vacation in accordance with Article  
17.06(a), all remaining vacation entitlement shall be granted in accordance with  
seniority. Once seniority has been exercised for the period of up to four (4)  
complete weeks, remaining requests will be granted by seniority, i.e. all second  
requests and then all third requests.  
47  
(c)  
After the vacation schedule is posted, if operational requirements permit  
additional Employees to be on vacation leave, such leave shall be offered by  
seniority to Employees provided the Employees requested that time in  
accordance with Article 17.04(a).  
17.07 Unbroken Vacation  
Except during the period of time referred to in Article 17.06, where operational  
requirements permit, the Employer shall make every reasonable effort to grant to an  
Employee her request to enjoy her vacation entitlement in a single unbroken period of  
leave.  
17.08 Vacation Carry Over  
(a)  
Except as otherwise provided in this Agreement, vacation leave for a period of  
not more than five (5) days may, with the consent of the immediate management  
supervisor, be carried over to the following year, but shall lapse if not used before  
the close of that year. Request for vacation carry over entitlement shall be made  
in writing by the Employee to the immediate management supervisor not later  
than January 31st of the year in which the vacation is earned, provided however  
that the immediate management supervisor may accept a shorter period of notice  
of the request. The immediate management supervisor shall respond in writing  
within one (1) calendar month of receiving an Employee’s request.  
(b)  
An Employee scheduled to take vacation and who is unable to do so within the  
vacation year due to illness, or injury, or where operational requirements  
prevent the immediate management supervisor from scheduling vacation  
shall be entitled to carry over this unused vacation to the subsequent year.  
17.09 Accumulative Vacation Carry Over  
An Employee, on the recommendation of the immediate management supervisor and  
with the approval of the Employer, may be granted permission to carry over five (5) days  
of her vacation leave each year to a maximum of twenty (20) days, if in the opinion of the  
immediate management supervisor, it will not interfere with the efficient operation of the  
Department.  
17.10 Use of Accumulated Vacation Carry Over  
48  
The vacation leave approved pursuant to Article 17.09 shall be used within five (5) years  
subsequent to the date on which it was approved and shall lapse if not used within that  
period unless the immediate management supervisor recommends that the time be  
extended and the recommendation is approved by the Employer.  
17.11 Borrowing of Unearned Vacation Credits  
With the approval of the Employer, an Employee who has been employed for a period of  
five (5) or more years may be granted five (5) days from the vacation leave of the next  
subsequent year.  
17.12 Employee Compensation Upon Separation  
An Employee, upon her separation from employment, shall be compensated for vacation  
leave to which she is entitled.  
17.13 Employer Compensation Upon Separation  
An Employee, upon her separation from employment, shall compensate the Employer  
for vacation which was taken but to which she was not entitled.  
17.14 Vacation Credits Upon Death  
When the employment of an Employee who has been granted more vacation with pay  
than she has earned is terminated by death, the Employee is considered to have earned  
the amount of leave with pay granted to her.  
17.15 Vacation Records  
An Employee is entitled to be informed, upon request, of the balance of her vacation  
leave with pay credits.  
17.16 Recall from Vacation  
The Employer will make every reasonable effort not to recall an Employee to duty after  
she has proceeded on vacation leave or to cancel vacation once it has been approved.  
17.17 Reimbursement of Expenses upon Recall  
49  
Where, during any period of approved vacation, an Employee is recalled to duty, she  
shall be reimbursed for reasonable expenses, subject to the provisions of Article 28, that  
she incurs:  
(a)  
(b)  
in proceeding to her place of duty;  
in returning to the place from which she was recalled if she immediately resumes  
vacation leave upon completing the assignment for which she was recalled; and  
(c)  
if an Employee’s vacation is approved and then cancelled by the Employer  
causing the Employee to lose a monetary deposit on vacation  
accommodations and/or travel, and providing the Employee does  
everything reasonably possible to mitigate the loss, and providing the  
Employee notifies the Employer that the monetary deposit will be forfeited,  
the Employer will reimburse the Employee for the monetary deposit.  
In addition to the above, an Employee shall be compensated at two (2) times her regular  
rate of pay for time worked during the period of recall from vacation.  
17.18 Reinstatement of Vacation Upon Recall  
The period of vacation leave so displaced resulting from recall and transportation time in  
accordance with Articles 17.16 and 17.17, shall either be added to the vacation period, if  
requested by the Employee and approved by the Employer, or reinstated for use at a  
later date.  
17.19 Illness During Vacation  
If an Employee becomes ill during a period of vacation and the illness is for a period of  
three (3) or more consecutive days, and such illness is supported by a medical  
certificate from a legally qualified medical practitioner on such form as the Employer may  
from time to time prescribe, the Employee will be granted sick leave and her vacation  
credits restored to the extent of the sick leave. The form is to be provided to the  
Employer immediately upon the return of the Employee. If the Employee does not have  
access to the Employer’s form, the Employee shall provide the Employer with a medical  
certificate from a legally qualified medical practitioner with the following information:  
50  
(a)  
(b)  
(c)  
(d)  
the date the Employee saw the physician;  
the date the Employee became ill;  
the nature of the illness; and  
the duration, or the expected duration of the illness.  
Upon the Employee’s return, she shall sign an authorization if requested by  
Occupational Health Services, permitting the physician to clarify or elaborate on the  
nature of the Employee’s illness or injury, as it relates to this claim, to Occupational  
Health Services in accordance with Article 21 the applicable Sick Leave Appendix  
(Appendix A-Article NS21, Appendix B-Article PH22, Appendix C-Article CU23,  
Appendix D-Article UN11).  
ARTICLE 18 – HOLIDAYS  
18.01 Paid Holidays  
The holidays designated for Employees shall be:  
(a)  
(b)  
(c)  
New Year's Day  
Heritage Day  
Good Friday  
(d)  
(e)  
(f)  
Easter Monday  
Victoria Day  
Canada Day  
Labour Day  
(g)  
51  
(h)  
(i)  
Thanksgiving Day  
Remembrance Day  
Christmas Day  
Boxing Day  
(j)  
(k)  
(l)  
One (1) additional day in each year that, in the opinion of the Employer, is  
recognized to be a federal, provincial or civic holiday in the area in which the  
Employee is employed, or, in any area where, in the opinion of the Employer, no  
such additional day is recognized as a provincial or civic holiday, the first Monday  
in August.  
(m)  
(n)  
one-half (½) day beginning at 12:00 noon on Christmas Eve Day  
any other day or part of a day declared by the Government of Canada or the  
province of Nova Scotia to be a general holiday.  
Davis Day - The parties recognize the significance of Davis Day for Unifor  
Members in Cape Breton. When a Unifor member requests the day of June 11th off  
in accordance with Article 14 9.05 (b) the Employer will schedule the Employee  
accordingly, subject to operational requirements. Davis Day is not a recognized  
paid holiday and premium pay for that day will not apply.  
18.02 Exception  
Article 18.01 does not apply to an Employee who is absent without pay on both the  
working day immediately preceding and the working day following the designated  
holiday.  
18.03 Holiday Falling on a Day of Rest  
When a day designated as a holiday coincides with the Employee’s day of rest, the  
Employer shall grant the holiday with pay on either:  
52  
(a)  
(b)  
(c)  
the working day immediately following her day of rest; or  
the day following the Employee’s annual vacation; or  
another mutually acceptable day between the Employer and the Employee.  
If the holiday is not scheduled in accordance with (a), (b) or (c), above, it may be  
paid by mutual agreement.  
18.04 Holiday Coinciding with Paid Leave  
Where a day that is a designated holiday for an Employee as defined in Article 18.01,  
falls within a period of leave with pay, the holiday shall not count as a day of leave.  
18.05 Compensation for Work on a Holiday  
(a)  
Where an Employee is regularly scheduled to work, in accordance with Article  
14, and her regularly scheduled day of work falls on a paid holiday, as defined in  
Article 18.01, she shall receive compensation equal to two and one-half (2 ½)  
times her regular rate of pay as follows:  
(i)  
compensation at one and one-half (1½) times her regular rate of pay,  
including the holiday pay, for the hours worked on the holiday; and  
(ii)  
time off with pay in lieu of the holiday on an hour-for-hour basis at a  
mutually acceptable time prior to the end of the second calendar month  
immediately following the month in which the holiday fell. subject to  
Article 18.11.  
(b)  
Where time off with pay in lieu of the holiday has not been granted in accordance  
with Article 18.05(a)(ii), compensation shall be granted at the Employee’s regular  
rate of pay for those hours worked on the holiday.  
53  
18.06 Overtime on a Holiday  
(a)  
Where an Employee is required to work overtime on a paid holiday, as defined in  
Article 18.01, she will receive compensation equal to 3.33 times her regular rate  
as follows:  
(i)  
compensation at 2.33 times her regular rate of pay, including the holiday  
pay, for the hours worked on the holiday; and  
(ii)  
time off with pay in lieu of the holiday on an hour for hour basis at a  
mutually acceptable time prior to the end of the second calendar month  
immediately following the month in which the holiday fell subject to  
Article 18.11.  
(b)  
Where time off with pay in lieu of the holiday has not been granted in accordance  
with Article 18.06 (a)(ii), compensation shall be granted at the Employee’s  
regular rate of pay for those hours worked on the holiday.  
18.07 Religious Day in Lieu  
An Employee who is entitled to time off with pay in lieu of Good Friday, Easter Monday,  
Christmas and/or Boxing Day pursuant to Article 18.03 (c), 18.05 (a) (ii) and/or 18.06 (a)  
(ii) may take such time with pay in lieu at a time that permits her to observe a holy day of  
her own faith. The Employee shall advise her immediate management supervisor in  
writing of her desire to take such day(s) off in lieu as soon as possible but before March  
1st in each year and the immediate management supervisor will endeavour to grant the  
request where operational requirements permit.  
18.08 Time Off in Lieu of Holiday  
In no case shall the total time off in lieu of a holiday referred to in 18.05 (a) (ii), 18.06 (a)  
(ii) and 18.07 above exceed the equivalent of one complete shift.  
18.09 Christmas or New Year’s Day Off  
54  
Each Employee shall receive either Christmas Day or New Year’s Day off, unless  
otherwise mutually agreed, and every effort will be made to give at least two (2) other  
holidays off on the actual day of the holiday.  
(i)  
Each Employee shall receive either Christmas Day or New Year’s  
Day off, unless otherwise mutually agreed. In addition, the Employer  
will make every reasonable effort to schedule an Employee in such a  
manner that they do not work the same holiday (Christmas Day or  
New Year’s Day) that they worked the previous year, unless  
otherwise mutually agreed. Subject to operational requirements,  
Employees who have Christmas Day or New Year’s Day scheduled  
off may also have December 24th or December 31st respectively  
scheduled off.  
(ii)  
Every effort will be made to give at least two (2) other holidays off on  
the actual day of the holiday.  
18.10 Illness on a Paid Holiday  
(a)  
An Employee who is scheduled to work on a paid holiday, as defined in Article  
18.01, and who is unable to report for work due to a reason covered by the  
applicable Sick Leave Appendix (Appendix A-Article NS19.11, Appendix B-  
Article PH22, Appendix C-Article CU23, Appendix D-Article UN11) Article  
19.11(General Leave), shall receive sick leave for that day, and shall be granted  
time off in lieu of the holiday at a mutually acceptable time prior to the end of the  
second (2nd) calendar month immediately following the month in which the  
holiday fell in accordance with Article 18.11.  
(b)  
(c)  
Where time off with pay in lieu of the holiday has not been granted in accordance  
with Article 18.10 (a), compensation shall be granted at the Employee’s regular  
rate of pay for those hours.  
An Employee who is on a period of Sick Leave and not scheduled to work on  
the holiday or is on Short Term Illness pursuant to the applicable Sick Leave  
Appendix (Appendix A – Article NS21, Appendix B – Article PH22, Appendix  
55  
C – Article CU23, Appendix D – Article UN11) shall be deemed to have  
received the holiday pay on the day designated as a holiday.  
18.11 Carry Over of Banked Holiday Time  
Employees may be permitted to continuously carry an accumulation of up to  
twenty-two-and-one-half (22.5) hours of banked Holiday time. The Employer shall  
divide the year into four (4) quarters. At the end of each quarter, the Employer may  
pay out any unused banked holiday time down to twenty-two-and-one-half (22.5)  
hours.  
18.12 Time Off in Lieu for Part-time and Job Share Employees  
Where a part-time Employee or an Employee in a job sharing arrangement works on a  
holiday, in addition to compensation at the applicable rate, she will receive time off with  
pay in lieu of the holiday, on an hour for hour basis, at a mutually acceptable time prior  
to the end of the second calendar month immediately following the month in which the  
holiday fell in accordance with Article 18.11.  
For purposes of clarity it is understood that a part-time Employee or an Employee in a  
job sharing arrangement would receive time off in lieu of the holiday in the amount of 7.5  
hours for 7.5 hours worked and 11.25 hours for 11.25 hours worked.  
ARTICLE 19 – LEAVES  
19.01 Special Leave  
The Employer, in any one year, may grant to an Employee:  
(a)  
(b)  
special leave without pay for such a period as it deems circumstances warrant;  
special leave with pay for reasons other than those covered by 19.02 to 19.11  
inclusive, for such period as it deems circumstances warrant.  
56  
19.02 Bereavement Leave  
(a)  
If a death occurs in the Employee’s immediate family when the Employee is at  
work, the Employee shall be granted leave with pay for the remainder of her  
scheduled shift. The Employee shall also be granted seven (7) calendar days’  
leave of absence effective midnight following the death and shall be paid for all  
shifts the Employee is scheduled to work during that seven (7) calendar day  
period. In any event, the Employee shall be entitled to thirty-seven and one-half  
(37 ½) consecutive hours paid leave, even if this extends past the seven (7)  
calendar days leave. “Immediate Family” is defined as the Employee’s father,  
mother, guardian, brother, sister, spouse, child, father-in-law, mother-in-law, son-  
in-law, daughter-in-law, step-child or ward of the Employee, grandparent or  
grandchild of the Employee, step-mother, step-father, step-sister, step-brother,  
step-grandparent, step-grandchild, and a relative permanently residing in the  
Employee’s household or with whom the Employee permanently resides. For  
Employees whose hours of work are seventy (70) hours bi-weekly or eighty (80)  
hours bi-weekly the entitlement shall be thirty-five (35)/forty (40) consecutive  
hours paid leave, even if this extends past the seven (7) calendar days.  
The “in-law” and “step-relative” relationships referred to in this provision will only  
be considered “immediate family” in cases where it is a current relationship at the  
time of the death, otherwise eligibility will be determined in accordance with  
paragraph (c) below.  
(b)  
In the event that the funeral or interment for any of the Immediate Family  
does not take place within the period of bereavement leave provided but  
occurs later, the Employee may defer the final day of his or her  
bereavement leave without loss of regular pay until the day of the funeral or  
internment. The Employee shall notify the Employer of this deferment at the  
time of the bereavement leave.  
(c)  
(d)  
Every Employee shall be entitled to leave with pay up to a maximum of three (3)  
days in the event of death of the Employee's brother-in-law or sister-in-law,  
where the relationship is current at the time of death, and may be granted up  
to two (2) days for travel for purposes of attending the funeral and shall be paid  
for those travel days which are not regularly scheduled days of rest.  
Every Employee shall be entitled to one (1) day leave without pay, for the  
purpose of attending the funeral of an Employee’s aunt or uncle, niece or  
nephew, or the grandparents of the spouse of the Employee. An Employee may  
be granted up to two (2) days for travel without pay for the purposes of attending  
57  
the funeral The Employee may elect that such bereavement leave be paid by  
charging the time to the Employee’s accumulated vacation, accumulated holiday,  
or accumulated overtime.  
(e)  
(f)  
The above entitlement is subject to the proviso that proper notification is made to  
the Employer.  
If an Employee is on holiday, vacation or sick leave or using time in lieu at the  
time of bereavement, the Employee shall be granted bereavement leave and be  
credited the appropriate number of days to her appropriate bank.  
19.03 Court Leave  
Leave of absence with pay shall be given to every Employee, other than an Employee  
on leave of absence without pay or under suspension, who is required:  
(a)  
(b)  
to serve on a jury (including the time spent in the jury selection process); or  
by subpoena or summons to attend as a witness in any proceeding held:  
(i)  
in or under the authority of a court; or  
(ii)  
before an arbitrator or umpire or a person or body of persons authorized  
by law to make an inquiry and to compel the attendance of witnesses  
before it; or  
(iii)  
before a legislative council, legislative assembly or any committee thereof  
that is authorized by law to compel the attendance of witnesses before it.  
(c)  
Where an Employee notifies the Employer in advance, where possible, that she  
is required to serve pursuant to the provisions of Article 19.03(b)(i), as a result of  
58  
the functions the Employee fulfills on behalf of the Employer on a day other than  
a regularly scheduled work day, the Employer will consider an employee’s  
request to cover the time lost on a day of rest or vacation day for that period of  
time required by the court for the purpose of giving evidence pursuant to this  
Article.  
19.04 Jury Compensation  
Any Employee given leave of absence with pay to serve on a jury pursuant to Article  
19.03 shall have deducted from her salary an amount equal to the amount that the  
Employee receives for such jury duty after deduction of reasonable expenses.  
19.05 Selection/Promotion Process Leave  
When an Employee participates in an Employer personnel selection or promotion  
process, she shall be granted a leave of absence with pay for the period during which  
the Employee's presence is required for purposes of the selection or promotion process.  
Such leave of absence shall be requested by the Employee of her immediate  
management supervisor as soon as the requirement of her presence is known.  
19.06 Pregnancy Leave  
(a)  
(b)  
(c)  
(d)  
The Employer shall not terminate the employment of an Employee because of  
her pregnancy.  
A pregnant Employee is entitled to an unpaid leave of absence of up to  
seventeen (17) weeks.  
An Employee shall, no later than the fifth (5th) month of pregnancy, forward to  
the Employer a written request for pregnancy leave.  
The Employer may, prior to approving such leave, request a certificate from a  
legally qualified medical practitioner stating that the Employee is pregnant and  
specifying the expected date of delivery.  
59  
(e)  
(f)  
Pregnancy leave shall begin on such date as the Employee determines, but not  
sooner than sixteen (16) weeks preceding the expected date of delivery, and not  
later than the date of delivery.  
Pregnancy leave shall end on such date as the Employee determines, but not  
sooner than one (1) week after the date of delivery, and not later than seventeen  
(17) weeks after the pregnancy leave began.  
(g)  
A pregnant Employee shall provide the Employer with at least four (4) weeks  
notice of the date she will begin her pregnancy leave. Such notice may be  
amended from time to time by the Employee:  
(i)  
by changing any date in the notice to an earlier date if the notice is  
amended at least two (2) weeks before that earlier date;  
(ii)  
by changing any date in the notice to a later date if the notice is amended  
at least two (2) weeks before the original date.  
(h)  
An Employee shall endeavour to provide the Employer with four (4) weeks’  
notice, and in any event, shall not provide less than two (2) weeks’ notice of the  
date the Employee will return to work on completion of the pregnancy leave,  
unless the Employee gives notice pursuant to Article 19.07(f).  
(i)  
Where notice as required under Article 19.06(g) or (h) is not possible due to  
circumstances beyond the control of the Employee, the Employee shall provide  
the Employer as much notice as reasonably practicable of the commencement of  
her leave or her return to work.  
(j)  
The Employer may require a pregnant Employee to take an unpaid leave of  
absence while the duties of her position cannot reasonably be performed by a  
pregnant woman or the performance of the Employee’s work is materially  
affected unless the Employer can reasonably modify the Employee’s duties for  
the period required or temporarily re-assign the Employee to alternate duties or  
60  
another classification. The Union shall support any modification of duties or  
temporary re-assignment as provided in this provision.  
(k)  
Where an Employee reports for work upon the expiration of the period referred to  
in Article 19.06(f), the Employee shall resume work in the same position she held  
prior to the commencement of the pregnancy leave, with no loss of seniority or  
benefits accrued to the commencement of the pregnancy leave. Where the  
position no longer exists, the matter shall be referred to the Joint Committee on  
Technological Change.  
(l)  
While on pregnancy leave, an Employee shall continue to accrue and  
accumulate service and seniority credits for the duration of her leave, and her  
service and seniority shall be deemed to be continuous. However, service  
accumulated during pregnancy leave shall not be used for the purposes of  
calculating vacation leave credits. For the purposes of calculating vacation leave  
credits during the year in which pregnancy leave is taken, one (1) month of  
service shall be credited to an Employee who does not receive salary for a total  
of seventeen (17) days or more during the first and last calendar months of the  
pregnancy leave granted under Article 19.06(b).  
(m)  
Leave for illness of an Employee arising out of or associated with the Employee’s  
pregnancy prior to the commencement of, or the ending of, pregnancy leave  
granted in accordance with Article 19.06(b), may be granted sick leave in  
accordance with the provisions of the applicable Sick Leave Appendix  
(Appendix A-Article 21, Appendix B-PH22, Appendix C-Article CU23,  
Appendix D-Article UN11). Article 21.  
(n)  
Pregnancy/Birth Leave Allowance  
(i)  
An Employee entitled to pregnancy leave under the provisions of this  
Agreement and who has completed the probationary period required  
by Article 9.02 (a) or has successfully applied for a position at the  
NSHA from a permanent position at the IWK who provides the  
Employer with proof that she has applied for, and is eligible to receive  
employment insurance (E.I.) benefits pursuant to Section 22, Employment  
61  
Insurance Act, S.C. 1996, c.23, shall be paid an allowance in accordance  
with the Supplementary Employment Benefit (S.E.B.).  
(ii)  
In respect to the period of pregnancy leave, payments made according to  
the S.E.B. Plan will consist of the following:  
(1)  
where the Employee is subject to a waiting period of one (1) week  
before receiving E.I. benefits, one (1) payment equivalent to  
seventy-five percent (75%) of their weekly rate of pay less any  
other earnings received by the Employee during the benefit  
period;  
(2)  
Where the Employee has served the one (1) week waiting  
period in Article 19.06(n)(ii)(1), one (1) additional payment  
equivalent to the difference between the weekly E.I. benefit,  
the Employee is eligible to receive and ninety-three percent  
(93%) of their weekly rate of pay, less any other earnings  
received by the Employee during the benefit period which  
may result in a decrease in the E.I. benefits to which the  
Employee would have been eligible if no other earnings had  
been received during that period.  
(3)  
Up to a maximum of five (5) additional weeks, payments  
equivalent to the difference between the weekly E. I. benefits the  
Employee is eligible to receive and ninety-three per cent (93%) of  
her weekly rate of pay, less any other earnings received by the  
Employee during the benefit period which may result in a  
decrease in the E. I. benefits to which the Employee would have  
been eligible if no other earnings had been received during the  
period.  
(iii)  
For the purpose of this allowance, an Employee’s weekly rate of pay will  
be one-half (½) the bi-weekly rate of pay to which the Employee is  
entitled for her classification on the date immediately preceding the  
commencement of her pregnancy leave. In the case of a part-time  
Employee, such weekly rate of pay will be multiplied by the fraction  
obtained from dividing the Employee’s time worked (as defined for the  
purpose of accumulating service) averaged over the preceding twenty-six  
(26) weeks by the regularly scheduled full-time hours of work for the  
62  
Employee’s classification. For the purpose of this calculation the  
hours used for a part-time Employee shall be the actual hours paid,  
or the hours based on the current appointment status of the part-  
time Employee as a percentage of full-time hours, whichever is  
greater.  
(iv)  
(v)  
Where an Employee becomes eligible for a salary increment or pay  
increase during the benefit period, benefits under the S.E.B. plan will be  
adjusted accordingly.  
The Employer will not reimburse the Employee for any amount she is  
required to remit to Human Resources Development Canada, where her  
annual income exceeds one and one-half (½) times the maximum yearly  
insurable earnings under the Employment Insurance Act.  
(vi)  
It is understood that Employees entitled to the seven (7) weeks Birth  
Allowance as provided in this Article may be eligible for an additional  
Parental Leave Allowance which, when combined with the Birth  
Allowance may result in eligibility up to a maximum of seventeen (17)  
weeks allowance.  
19.07 Parental Leave  
(a)  
An Employee who becomes a parent for one or more children through the birth of  
the child or children is entitled to an unpaid leave of absence of up to seventy-  
eight (78) weeks.  
(b)  
Where an Employee takes pregnancy leave pursuant to Article 19.06 and the  
Employee’s new born child or children arrive in the Employee’s home during  
pregnancy leave, parental leave begins immediately upon completion of the  
pregnancy leave and without the Employee returning to work and ends not later  
than sixty-one (61) weeks after the parental leave began.  
(c)  
Where an Employee did not take pregnancy leave pursuant to Article 19.06,  
parental leave begins on such date as determined by the Employee, coinciding  
63  
with or after the birth of the child or children first arriving in the Employee’s home,  
and ends not later than seventy-eight (78) weeks after the child or children first  
arrive in the Employee’s home, whichever is earlier.  
(d)  
Notwithstanding Article 19.07(b) or (c), where an Employee has begun parental  
leave, and the child to whom the parental leave relates is hospitalized for a  
period exceeding, or likely to exceed one (1) week, the Employee is entitled to  
return to and resume work in the position held immediately before the leave  
began or, where that position is not available, the matter shall be referred to the  
Joint Committee on Technological Change. The Employee is entitled to only one  
(1) interruption and deferral of each parental leave.  
(e)  
(f)  
The Employee shall give the Employer two (2) weeks notice of the date the  
Employee will begin parental leave.  
The Employee shall give the Employer two (2) weeks notice of the date the  
Employee will return to work upon completion of the parental leave.  
(g)  
Where an Employee reports for work upon the expiration of the period referred to  
in Article 19.07(a), the Employee shall resume work in the same position she  
held prior to the commencement of the parental leave. If the position no longer  
exists, the matter shall be referred to the Joint Committee on Technological  
Change.  
(h)  
While on parental leave, an Employee shall continue to accrue and accumulate  
service and seniority credits for the duration of her leave, and her service and  
seniority shall be deemed to be continuous. However, service accumulated  
during parental leave shall not be used for the purposes of calculating vacation  
leave credits. For the purposes of calculating vacation leave credits during the  
year in which parental leave is taken, one (1) month of service shall be credited  
to an Employee who does not receive salary for a total of seventeen (17) days or  
more during the first and last calendar months of the parental leave granted  
under Article 19.07(a).  
64  
19.08 Adoption Leave  
(a)  
An Employee who becomes a parent for one or more children through the  
placement of the child or children in the care of the Employee for the purpose of  
adoption of the child or children pursuant to the law of the Province is entitled to  
an unpaid leave of absence of up to seventy-eight (78) weeks, or more, if  
required by the adoption agency.  
(b)  
(c)  
(d)  
The Employer shall require an Employee who requests Adoption Leave pursuant  
to Article 19.08(a) to submit a certificate from an official in the Department of  
Community Services, or equivalent, to establish the entitlement of the Employee  
to the Adoption Leave.  
Adoption leave begins on such date as determined by the Employee, coinciding  
with the child or children first arriving in the Employee’s home, and ends not later  
than seventy-eight (78) weeks after the child or children first arrive in the  
Employee’s home, whichever is earlier.  
Notwithstanding Article 19.08(b), where an Employee has begun adoption leave,  
and the child to whom the adoption leave relates is hospitalized for a period  
exceeding, or likely to exceed one (1) week, the Employee is entitled to return to  
and resume work in the position held immediately before the leave began or,  
where the position is not available, the matter shall be referred to the Joint  
Committee on Technological Change. The Employee is entitled to only one (1)  
interruption and deferral of each adoption leave.  
(e)  
(f)  
The Employee shall give the Employer two (2) weeks notice of the date the  
Employee will begin adoption leave.  
The Employee shall give the Employer two (2) weeks notice of the date the  
Employee will return to work upon completion of the adoption leave.  
65  
(g)  
Where an Employee reports for work upon the expiration of the period referred to  
in Article 19.08(a), the Employee shall resume work in the same position she  
held prior to the commencement of the adoption leave. If the position no longer  
exists, the matter shall be referred to the Joint Committee on Technological  
Change.  
(h)  
While on adoption leave, an Employee shall continue to accrue and accumulate  
service and seniority credits for the duration of her leave, and her service and  
seniority shall be deemed to be continuous. However, service accumulated  
during adoption leave shall not be used for the purposes of calculating vacation  
leave credits. For the purposes of calculating vacation leave credits during the  
year in which adoption leave is taken, one (1) month of service shall be credited  
to an Employee who does not receive salary for a total of seventeen (17) days or  
more during the first and last calendar months of the adoption leave granted  
under Article 19.08(a).  
(i)  
Parental and Adoption Leave Allowance  
(i)  
An Employee entitled to parental or adoption leave under the provisions  
of this Agreement and who has completed the probationary period  
required by Article 9.02 (a) or has successfully applied for a position  
at the NSHA from a permanent position at the IWK who provides the  
Employer with proof that she/he has applied for and is eligible to receive  
employment insurance (E. I.) benefits pursuant to the Employment  
Insurance Act, 1996, shall be paid an allowance in accordance with the  
Supplementary Employment Benefit (S.E.B.) Plan.  
(ii)  
The parental leave allowance of an Employee who has taken the  
pregnancy/birth leave allowance, shall begin immediately upon the  
exhaustion of the pregnancy/birth allowance without the Employee’s  
returning to work.  
(iii)  
In respect to the period of parental or adoption leave, payments made  
according to the S.E.B. Plan will consist of the following:  
66  
(1)  
Where the Employee is subject to a waiting period of one (1)  
week before receiving E.I. Benefits, one (1) payment equivalent  
to seventy-five percent (75%) of their weekly rate of pay, less any  
other earnings received by the Employee during the benefit;  
(2)  
Where the Employee has served the one (1) week waiting  
period in Article 19.08(i)(iii)(1), one (1) additional payment  
equivalent to the difference between the weekly E.I. benefit,  
the Employee is eligible to receive and ninety-three percent  
(93%) of their weekly rate of pay, less any other earnings  
received by the Employee during the benefit period which  
may result in a decrease in the E.I. benefits to which the  
Employee would have been eligible if no other earnings had  
been received during that period; and  
(3)  
Up to a maximum of ten (10) additional weeks,  
a. where the Employee is in receipt of Standard E.I. Parental  
Benefits, the payments will be equivalent to the difference  
between the weekly Standard E.I. Parental Benefits the  
Employee is eligible to receive and ninety-three per cent  
(93%) of the Employee’s weekly rate of pay;  
b. where the Employee is in receipt of Extended E.I. Parental  
Benefits, the payments will be equivalent to the difference  
between the Weekly Standard E.I. Benefits the Employee  
is would have been eligible to receive and ninety-three  
percent (93%) of the Employee’s weekly rate of pay;  
(4)  
For the purposes of this article, “Standard E.I. Parental  
Benefits” means the E.I. benefits paid to an Employee who is  
taking a parental leave of up to thirty-five (35) weeks and  
“Extended E.I. Parental Benefits” means the E.I. benefits paid  
to an Employee who is taking a parental leave greater than  
thirty-five (35) weeks.  
(iv)  
For the purposes of this allowance, an Employee’s weekly rate of pay will  
be one-half the bi-weekly rate of pay to which the Employee is entitled for  
her/his classification on the day immediately preceding the  
commencement of the adoption leave. In the case of a part-time  
Employee, such weekly rate of pay will be multiplied by the fraction  
obtained from dividing the Employee’s time worked (as defined for the  
67  
purpose of accumulating service) averaged over the preceding twenty-six  
(26) weeks by the regularly scheduled full-time hours of work for the  
Employee’s classification. For the purpose of this calculation the  
hours used for a part-time Employee shall be the actual hours paid,  
or the hours based on the current appointment status of the part-  
time Employee as a percentage of full-time hours, whichever is  
greater.  
(v)  
Where an Employee becomes eligible for a salary increment or pay  
increase during the benefit period, payments under the S.E.B. Plan will be  
adjusted accordingly.  
(vi)  
The Employer will not reimburse the Employee for any amount she/he is  
required to remit to Human Resources Development Canada where  
her/his annual income exceeds one and one-half (1 ½) times the  
maximum yearly insurable earnings under the Employment Insurance  
Act.  
19.09 Group Benefit Plan Continuation  
While an Employee is on pregnancy/birth or parental, or adoption leave, the  
Employer shall permit the Employee to continue participation in the Medical,  
Extended Health, Group Life and any other Employee benefit plan including LTD  
and Pension Plans (subject to the eligibility provisions of the Plans) provided the  
Employee agrees to pay the Employee’s share of the benefit premium  
contribution.  
In this circumstance, the Employer shall continue to pay the Employer share of  
the premium contribution for the seven (7) week period of the Pregnancy/Birth  
leave and/or the ten (10) week period of the Parental or Adoption Leave. In no case  
will the Employer be responsible for cost-sharing of premiums beyond seventeen  
(17) weeks.  
68  
Following this period, the Employee shall be responsible to pay both the Employer  
and the Employee's shares of the premium costs to maintaining such coverage for  
the remainder of the Leave of Absence.  
The Employer shall notify the Employee of the option and the date beyond which  
the option referred to in this Article may no longer be exercised at least ten (10)  
days prior to the last day on which the option could be exercised to avoid an  
interruption of benefits.  
Where the Employee opts in writing to maintain the benefit plans referred to in this  
Article, the Employee shall enter into an arrangement with the Employer to pay the  
cost required to maintain the benefit plans, including the Employer’s share  
thereof, and the Employer shall process the documentation and payments as  
arranged.  
19.10 Leave for Birth of Child  
On the occasion of the birth of her child, a spouse who is an Employee shall be granted  
special leave with pay up to a maximum of one (1) day without loss of regular pay up  
to a maximum of fifteen (15) scheduled hours during the confinement of the mother.  
This leave may be divided into two periods and granted on separate days.  
19.11 Leave for Adoption of Child  
An Employee shall be granted one (1) day’s special leave with pay without loss of  
regular pay up to a maximum of fifteen (15) scheduled hours for the purpose of the  
adoption of a child by the Employee, or the Employee’s spouse. This leave may be  
divided into two (2) periods and granted on separate days.  
69  
19.12 In-Services, Conferences  
(a)  
The Employer may grant permission to an Employee to attend in-service  
conference(s), where in the opinion of the Employer, such a conference is  
relevant to the Employee’s respective field and where such attendance will not  
interfere with efficient operation. Such permission shall not be unreasonably  
withheld.  
(b)  
Where an in-service conference(s) is not held during the Employee’s scheduled  
hours of work, the Employee shall be paid for all hours of attendance in  
accordance with Article 15 or Article 39, whichever is applicable.  
19.13 Leave for Storms or Hazardous Conditions  
(a)  
Time lost by an Employee as a result of absence or lateness due to storm  
conditions or because of the condition of public streets and highways or because  
an Employee finds it necessary to seek permission to leave prior to the end of  
the regular shift must be:  
(i)  
made up by the Employee at a time agreed upon between the Employee  
and the Employee’s immediate supervisor; or  
(ii)  
(iii)  
charged to the Employee’s accumulated vacation, accumulated holiday  
time, or accumulated overtime; or  
otherwise deemed to be leave without pay.  
(b)  
Notwithstanding 19.13 reasonable lateness beyond the beginning of an  
Employee’s regular shift starting time shall not be subject to the provisions of  
Article 19.13 (a)(i), (ii), or (iii), where the lateness is justified by the Employee  
being able to establish to the satisfaction of the immediate management  
supervisor that every reasonable effort has been made by the Employee to arrive  
at her work station at the scheduled time.  
70  
(c)  
No discrimination is to be practised in the administration of this Article resulting  
from individual or personal situations, i.e. place of residence, family  
responsibilities, transportation problems, car pools, etc.  
19.14 Prepaid Leave  
Permanent Employees will be entitled to take a leave of absence financed through a  
salary deferral arrangement in accordance with the provisions of the Prepaid Leave  
Plan set out in Article 44 of this Agreement.  
19.15 Leave of Absence for Political Office  
(a)  
In this Article “Candidate” means a person who has been officially nominated as  
a candidate, or is declared to be a candidate by that person, or by others, with  
that person’s consent, in a Federal or Provincial or election.  
(b)  
(c)  
An Employee who is a candidate and wishes a leave of absence shall apply to  
the Employer and the leave of absence shall be granted.  
Where the Employee withdraws as a candidate and before the election, notifies  
the Employer of the Employee’s intention to return to work, the Employee is  
entitled to return, to the position the Employee left, two weeks after the notice  
has been given to the Employer unless the Employer and the Employee both  
agree to the Employee returning at another time.  
(d)  
An Employee’s leave of absence to be a candidate shall terminate on the day the  
successful candidate in the election is declared elected unless, on or before the  
day immediately after ordinary polling day, the Employee notifies the Employer  
that the Employee wishes her leave of absence to be extended for such number  
of days, not exceeding ninety (90), as the Employee states in the notice and in  
such case the leave of absence shall terminate as stated in the notice.  
71  
(e)  
(f)  
An Employee on leave of absence who is an unsuccessful candidate is entitled to  
return to the position which that Employee left. If the position no longer exists, the  
matter shall be referred to the Joint Committee on Technological Change.  
The leave of absence of an Employee who is a successful candidate shall be  
extended from ordinary polling day of the election of which the Employee is  
elected until two weeks after:  
(i)  
the Employee resigns from the position to which the Employee was  
elected where that resignation occurs before the next election;  
(ii)  
where the Assembly is dissolved for the next election, the date the  
Employee notifies the Employer that the Employee does intend to be a  
candidate at that next election;  
(iii)  
(iv)  
the date nominations close for the next election if the Candidate has not  
been officially nominated as a Candidate; or  
declaration day for the next election when it is official that the Employee  
has not been re-elected, whichever is the latest.  
(g)  
(h)  
Where an Employee is elected for the second time, the leave of absence for the  
Employee to be a Candidate terminates on the day the Employee is declared  
elected for the second time and the Employee ceases to be an Employee for all  
purposes, including entitlement to all Employee benefits, as of that day.  
An Employee who is not re-elected in the second election during the leave of  
absence may return to the position that Employee left, or, where that position no  
longer exists the matter shall be referred to the Joint Committee on  
Technological Change.  
72  
(i)  
During the Employee’s leave of absence to be a Candidate, the Employee shall  
not be paid but the Employee, upon application to the Employer at any time  
before the leave of absence, is entitled to pension credit for service as if the  
Employee were not on a leave of absence and to medical and health benefits,  
long term disability coverage and life insurance coverage, or any one or more of  
them, if the Employee pays both the Employee’s and Employer’s share of the  
cost.  
19.16 Military Leave  
(a)  
(b)  
(c)  
Where operational requirements permit, an Employee may be granted leave of  
absence with pay to a maximum of two (2) weeks for the purpose of taking  
military training or serving military duty.  
An Employee who is given leave of absence with pay pursuant to this Article  
shall have deducted from her salary an amount equal to the amount paid by the  
Department of National Defence to her as salary.  
Where an Employee uses vacation entitlement for the purpose of taking military  
training or serving military duty pursuant to this Article, she shall receive full  
salary from the Employer notwithstanding amounts paid to her by the Department  
of National Defence.  
19.17 Education Leave  
(a)  
The Employer may enter into individual return of service agreements with  
Employees in relation to educational programs which extend for a period in  
excess of six (6) calendar months and where participation in the program by the  
Employee is voluntary. The Union shall be a party to all such agreements.  
(b)  
Where the Employer requires and authorizes in writing an Employee to pursue  
an educational program which specifically relates to job requirements, a full or  
partial leave of absence with pay may be granted to the Employee. Where leave  
is granted, the Employer will pay for tuition and books.  
73  
(c)  
(i)  
A leave of absence without pay may be granted to an Employee for the  
purpose of pursuing an educational program.  
(ii)  
The Employee shall have the option of maintaining the benefit plans in  
which the Employee participated prior to the commencement of the  
Employee’s education leave.  
(iii)  
(iv)  
The Employer shall notify the Employee of the option referred to in Article  
19.17 (c)(ii) and the date beyond which the option may no longer be  
exercised at least ten (10) days prior to the last day on which the option  
could be exercised to avoid an interruption of benefits.  
Where the Employee opts in writing to maintain the benefit plan referred  
to in Article 19.17 (c)(ii), the Employee shall enter into an arrangement  
with the Employer to pay the cost required to maintain the benefit plan,  
including the Employer’s portion thereof, and the Employer shall process  
the documentation and payments as arranged.  
(v)  
Where operational requirements permit, and on reasonable notice, leave  
of absence for education purposes shall not be unreasonably denied.  
(d)  
Upon completion of education leave pursuant to this Article, an Employee shall  
be entitled to return to her former position. Where the position no longer exists,  
the matter shall be referred to the Joint Committee on Technological Change.  
19.18 Compassionate Care Leave  
An Employee who has been employed by the Employer for a period of at least three (3)  
months is entitled to an unpaid leave of absence in accordance with the Labour  
Standards Code, to provide care or support to:  
-
the spouse of the Employee,  
74  
-
-
-
-
-
-
-
-
-
-
a child or step-child of the Employee,  
a child or step-child of the Employee’s spouse,  
a parent or step-parent of the Employee,  
the spouse of a parent of the Employee,  
the sibling or step-sibling of the Employee,  
the grandparent or step-grandparent of the Employee,  
the grandchild or step-grandchild of the Employee,  
the guardian of the Employee,  
the ward of the Employee,  
a relative of the Employee permanently residing in the  
household of the Employee or with whom the Employee  
permanently resides,  
-
-
-
the father-in-law or mother-in-law of the Employee,  
the son-in-law or daughter-in-law of the Employee, or  
any other person defined as “family member” by Regulations  
made pursuant to the Labour Standards Code, as amended  
from time to time.  
19.19 Leave for Parent of a Critically Ill Child  
An Employee who has been employed by the Employer for a period of at least six  
(6) consecutive months of continuous employment and is the parent of a critically  
ill child is entitled to an unpaid leave of absence in accordance with the Labour  
Standards Code.  
75  
ARTICLE 20 - GROUP INSURANCE  
20.01 Group Life and Medical Plans  
The Employer will continue to participate with Employees in the provision of group life  
and medical plans as exist at the coming into force of this Agreement unless amended  
in accordance with the rest of this Article by mutual consent. The Employer agrees to  
pay 65% of the total premium cost for all Employees covered by the health and dental  
care plans attached hereto and forming part of this Agreement.  
20.02 Long Term Disability Plans  
The terms of the long term disability plans, including those changes adopted from time to  
time, shall be deemed incorporated by reference into this collective agreement and shall  
be considered enforceable in the same way as all other provisions of this collective  
agreement. This provision applies to all of the plans in effect as of the signing date of  
this collective agreement, unless otherwise agreed by the parties.  
20.03 Provincial Group Benefits Committee  
A Provincial Group Benefits Committee will provide advice and make  
recommendations regarding the group benefit plan administered by HANS. This  
includes Basic Life, Health and Dental, and Optional Benefits. This does not  
include the LTD plans or the pension plans.  
20.04 Committee Composition  
The Committee shall be comprised of representatives of both unions and  
employers, as follows:  
Four union representatives – each of the four major Unions (CUPE, Unifor,  
NSNU and NSGEU) will select a representative;  
76  
Four employer representatives – these will be selected from both acute  
care NSHA and IWK and continuing care employers represented by HANS;  
A representative from the HANS Group Benefits Service will participate in  
the committee on an a non-voting, ex-officio basis.  
20.05 Purpose of Committee  
The purpose of the committee is to provide a forum for constructive engagement  
amongst representatives of plan participants, employers and the plan sponsor on  
issues of importance to the group benefits plan, including plan design,  
administration, and communication.  
20.06 Amendment of Benefit Coverage  
The Committee will be consulted on all proposed changes to the content and  
coverages offered under the applicable group benefit plan. Such changes will not  
be made without agreement of the majority of the Committee. The Committee,  
upon reaching a majority position, will forward its recommendation to the HANS  
Board of Directors for implementation.  
20.07 Additional Responsibilities of Committee  
Where in any given fiscal year the plan administrator determines that an ongoing  
surplus has arisen in the plan which is of sufficient magnitude to allow an  
adjustment of benefits the matter will be referred to the Committee for  
determination.  
20.08 Limitations on Powers of Committee  
77  
The Committee shall not be authorized to make any adjustment to benefits that  
would have the effect of increasing the overall ongoing cost of the plan to  
employers and Employees.  
20.09 Terms of Reference  
The Committee shall operate in accordance with its terms of reference which shall  
include a process to be used to resolve issues which cannot be resolved through  
consensus among the members of the Committee.  
ARTICLE 21 – SICK BENEFITS  
21.01 Present Sick Benefits Continued  
Appendix A to the Mediation/Arbitration Agreement provides in part as follows:  
The parties agree that in the event they are unable to agree on terms for  
sick benefits and retiree benefits for Employees, the mediator/arbitrator  
shall award income protection for Employees who are unable to perform  
their duties of illness or injury and retiree benefits on the following basis:  
STATUS QUO for sick benefits and retiree benefits:  
a) Employees who are unable to perform their duties because of  
illness or injury shall be granted sick leave with pay or  
general leave for sickness and short-term illness benefits in  
accordance with the provisions established for their work  
location under the predecessor collective agreements entered  
into between the District Health Authorities or IWK with the  
constituent Unions of the Councils.  
Accordingly, the income protection for Employees who are unable to perform their duties  
because of illness or injury are contained in the following:  
78  
APPENDIX “A”  
APPENDIX “B”  
NSGEU in former Capital District Health Authority (DHA 9)  
NSGEU, CUPE - PUBLIC HEALTH, ADDICTION SERVICES and  
CONTINUING CARE in Eastern, Western and Northern Zones (former  
DHAs 1-8)  
APPENDIX “C”  
APPENDIX “D”  
CUPE in Eastern, Western and Northern Zones (former DHAs 1-8)  
Unifor in Eastern Zone (former DHAs 7 & 8)  
ARTICLE 22 - EMPLOYEE PERFORMANCE REVIEW & EMPLOYEE FILES  
22.01 Employee Performance Review  
(a)  
(b)  
The Employer shall endeavour to conduct a formal written review of an  
Employee's performance annually.  
When a formal review of an Employee's performance is made, the Employee  
concerned shall be given an opportunity to discuss, sign and make written  
comments on the review form in question and the Employee is to receive a  
signed copy to indicate that its contents have been read. An Employee shall be  
entitled to a minimum of forty-eight (48) hours to review the performance review  
prior to providing any response to the Employer, verbally or in writing, with  
respect to the evaluation.  
(c)  
Peer Performance Review is voluntary in the sense that the Employee to be  
evaluated may decline to participate in the peer performance review. It is also  
voluntary in the sense that an Employee being asked to participate in the review  
by commenting on the Employee being evaluated, may decline.  
22.02 Record of Disciplinary Action  
(a)  
The Employer agrees not to introduce as evidence in a hearing relating to  
disciplinary action, any document from the file of an Employee, the existence of  
which the Employee was not aware at the time of filing.  
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(b)  
Notice of a disciplinary action which may have been placed on the personal file of  
an Employee shall be destroyed after four (4) years have elapsed since the  
disciplinary action was taken provided that no further disciplinary action has been  
recorded during this period.  
An Employee who has been subject to disciplinary action other than  
suspension may, after twenty-four (24) months of continuous service from  
the date the disciplinary measure was invoked, request in writing that the  
Employment File be cleared of any record of the disciplinary action. Such  
request shall be granted provided the Employment File does not contain  
any further record of disciplinary action during the twenty-four (24) month  
period, of which the Employee is aware. The Employer shall confirm in  
writing to the Employee that such action has been effected.  
The  
Employee’s written response to any item on file shall become part of the  
Employment File. Any period of leave, except vacation, one month in  
length or greater, shall be excluded from the twenty-four months.  
(c)  
An Employee, who has been subject to a period of paid or unpaid  
suspension, may after forty-eight (48) months of continuous service from  
the date of the suspension request in writing that the Employment File be  
cleared of any record of suspension. Such request shall be granted  
provided the Employment File does not contain any further record of  
disciplinary action during the forty-eight (48) month period, of which the  
Employee is aware. The Employer shall confirm in writing to the Employee  
that such action has been effected. Any period of leave, except vacation,  
one month in length or greater, shall be excluded from the forty-eight (48)  
months except vacation and pregnancy/parental/adoption leaves.  
22.03 Notice of Performance Improvement Requirements  
The Employer will notify an Employee in writing where, during the period between the  
formal performance evaluation processes, the Employer has observed that certain  
aspects of an Employee's performance require improvement.  
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22.04 Employee Access to Personnel Employment File  
Employees shall have access to their personnel employment files upon reasonable  
notice. Employees or persons authorized by them in writing, shall be entitled to obtain  
copies of any material on their personnel employment file upon reasonable notice. The  
Employee may have a Union representative present when viewing the file.  
ARTICLE 23 - DISCIPLINE AND DISCHARGE  
23.01 Just Cause  
No Employee who has completed her probationary period shall be disciplined,  
suspended without pay or discharged except for just and sufficient cause.  
23.02 Notification  
Where an Employee is disciplined, suspended without pay or discharged, the Employer  
shall, within ten (10) days of the discipline, suspension or discharge notify the Employee  
and the Union in writing by registered mail or personal service stating the reason for the  
discipline, suspension or discharge.  
23.03 When an Employee is required to attend a meeting where formal discipline, other than a  
verbal warning, will be imposed, she may be accompanied by a Union representative  
provided that this does not result in any undue delay of appropriate action being taken.  
Where an Employee is required to attend a meeting which, at the time it is  
scheduled, appears likely to result in discipline being imposed against that  
particular Employee, the Employee shall be entitled to be accompanied by a Union  
Representative, provided that this does not result in any undue delay of  
appropriate action being taken.  
23.04 Grievances  
Where an Employee alleges that she has been suspended or discharged in violation of  
Article 23.01, she may within ten (10) days of the date on which she was notified in  
writing or within twenty (20) days of the date of her discharge or suspension, whichever  
is later, invoke the grievance procedure including provisions for Arbitration contained in  
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Article 26, and for the purpose of a grievance, alleging violation of Article 23.01 she may  
lodge her grievance at the final level of the grievance procedure.  
ARTICLE 24 - NOTICE OF RESIGNATION  
24.01 Notice of Resignation  
If an Employee desires to terminate her employment, she shall endeavour to forward a  
letter of resignation to the Employer four (4) weeks prior to the effective date of  
termination, and in any event, not less than two (2) weeks prior to the effective date of  
termination, provided however the Employer may accept a shorter period of notice.  
24.02 Absence Without Permission  
(a)  
(b)  
An Employee who is absent from her employment without permission for ten (10)  
consecutive days, shall be deemed to have resigned her position effective the  
first day of her absence.  
The Employee may be reinstated if she establishes to the satisfaction of the  
employer, that her absence arose from a cause beyond her control and it was not  
possible for the Employee to notify the Employer of the reason for her absence.  
24.03 Failure to Give Notice  
(a)  
An Employee who fails to give notice required by Article 24.01, or who is deemed  
to have resigned by virtue of 24.02, shall be struck from the payroll effective the  
date she absents herself without leave, and shall have deducted from monies  
owed her by the Employer from all sources, including any vacation pay, a sum  
equivalent to the salary payable to her for the period of notice which she failed to  
work.  
(b)  
If the Employee is reinstated in accordance with 24.02(b), then any deductions  
made pursuant to 24.03(a) shall be reinstated.  
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24.03 Acknowledgment of Letters of Resignation  
Receipt of letters of resignation shall be acknowledged by the Employer in writing.  
24.04 Withdrawal of Resignation  
An Employee who has terminated her employment through resignation, may withdraw  
her resignation within three (3) days of the time it was submitted to the Employer.  
ARTICLE 25 - GRIEVANCE PROCEDURE  
25.01 Grievances  
(a)  
An Employee(s) who feels that she has been treated unjustly or considers herself  
aggrieved by any action or lack of action by the Employer shall first discuss the  
matter with her immediate management supervisor no later than twenty-five (25)  
days after the date on which she became aware of the action or circumstance.  
The Employee(s) may have a Steward present if so desired.  
(b)  
(c)  
(d)  
The supervisor shall answer the dispute within two (2) days of the discussions  
unless the Union agrees to extend this time limit.  
When any dispute cannot be settled by the foregoing informal procedure, it shall  
be deemed to be a "grievance" and the supervisor shall be notified accordingly.  
In each of the following steps of the grievance procedure, a meeting or meetings  
with the Union representative named in the grievance and the Employer’s  
designated representative, shall be arranged at the earliest mutually agreeable  
time, and not later than the time limit provided for in the applicable step of the  
grievance procedure, if requested by either party. Where a meeting or meetings  
are not requested by either party, the Employer shall provide a response to the  
grievance, as outlined in the grievance procedure below.  
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25.02 Union Approval  
Where the grievance relates to the interpretation or application of this Collective  
Agreement, the Employee is not entitled to present the grievance unless she has the  
approval in writing of the Union or is represented by the Union.  
25.03 (a)  
Grievance Procedure  
The following grievance procedure shall apply:  
Step 1  
If the Employee(s) or the Union is not satisfied with the decision of the immediate  
management supervisor, the Employee(s) may within ten (10) days of having  
received the supervisor's answer, present the grievance in writing to the  
supervisor. Failing satisfactory settlement within five (5) days from the date on  
which the grievance was submitted at Step 1 of the grievance procedure, the  
grievance may be submitted to Step 2.  
Step 2  
Within five (5) days from the expiration of the five (5) day period referred to in  
Step 1, the grievance may be submitted in writing either by personal service or  
by registered or certified mail to Employer’s designate at Step 2 of the grievance  
procedure. Failing satisfactory settlement within ten (10) days from the date on  
which the grievance was received at Step 2, the grievance may be submitted to  
Step 3.  
Step 3  
Within five (5) days from the expiration of the ten (10) day period referred to in  
Step 2, the grievance may be submitted in writing to the Employer’s Vice-  
President Senior Director or Executive Director for the area in which the  
grievance arose accompanied by any proposed settlement of the grievance and  
any replies at Step 1 and Step 2. The Vice-President Senior Director or  
Executive Director for the area in which the grievance arose shall attend, either  
in person or electronically, at the grievance meeting, unless mutually agreed  
84  
otherwise, and shall reply to the grievance in writing within fifteen (15) days from  
the date the grievance was submitted to Step 3.  
(b)  
Grievance Mediation  
Where the parties have been unsuccessful in resolving the matter through the  
grievance procedure, the parties may jointly submit the matter to the Department  
of Environment and Labour’s Grievance Mediation Program or such other  
mediation option as is agreeable to the parties. It is understood that grievance  
mediation is a voluntary program and that arbitration remains an option should  
the grievance remain unresolved after grievance mediation.  
25.04 Union Referral to Arbitration  
Failing satisfactory settlement at Step 3 or upon expiration of the fifteen (15) day period  
referred to in Step 3 of the grievance procedure, the Union may refer the grievance to  
arbitration under Article 26.  
25.05 Union Representation  
In any case where the Employee(s) presents her grievance in person or in any case in  
which a hearing is held on a grievance at any level, the Employee(s) shall be  
accompanied by a representative of the Union.  
25.06 Time Limits  
In determining the time in which any step under the foregoing proceedings or under  
Article 26 is to be taken, Saturdays, Sundays, and recognized holidays shall be  
excluded.  
25.07 Amending of Time Limits  
The time limits set out in the grievance procedure or under Article 26 may be extended  
by mutual consent of the parties to this Agreement.  
85  
25.08 Policy Grievance  
Where either party disputes the general application or interpretation of this Agreement,  
the dispute may be discussed with the Employer’s Vice-President responsible for Human  
Resources, or such person designated by that individual, or with the Union, as the case  
may be. Where no satisfactory agreement is reached, the dispute may be resolved  
pursuant to Article 26 and the three (3) steps of Article 25.03 will be deemed to have  
been exhausted. This section shall not apply in cases of individual grievances.  
25.09 Sexual Harassment and Personal Harassment  
Cases of sexual harassment and personal harassment as defined by the protected  
characteristics set out in Article 2.04 shall be considered as discrimination and a matter  
for grievance and arbitration. Such grievances may be filed by the aggrieved Employee  
and/or the Union at Step 3 of the grievance procedure and shall be treated in strict  
confidence by both the Union and the Employer.  
ARTICLE 26 - ARBITRATION  
26.01 Notification  
Either of the parties may, after exhausting the grievance procedure in Article 25, notify  
the other party within ninety (90) days of the receipt of the reply at Step 3 or such reply  
being due, of its desire to refer the grievance to arbitration pursuant to the provisions of  
the Trade Union Act and this Agreement.  
26.02 Referral to Arbitration  
Such notification shall specify the party’s choice of whether it wishes to utilize the regular  
arbitration procedure or the expedited arbitration procedure, as provided for within this  
Article. In the event that a grievance is submitted to the regular arbitration process, it  
shall be heard by a single arbitrator, unless either party requests that it be heard by a  
three-member arbitration board.  
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26.03 Relief Against Time Limits  
The time limit for the initial submission of the written grievance under Article 25 is  
mandatory. Subsequent time limits are directory and the arbitration board or single  
arbitrator shall be able to overrule a preliminary objection that the time limits are missed  
from Step 2 onward, providing that the board or arbitrator is satisfied that the grievance  
has been handled with reasonable dispatch and the Employer’s position is not  
significantly prejudiced by the delay.  
26.04 Regular Arbitration Procedure  
(a)  
Single Arbitrator  
If the grievance is to be heard by a single arbitrator and the Union and the  
Employer fail to agree upon the appointment of the arbitrator within five (5) days  
of notice of arbitration in accordance with Article 26.01, the appointment shall be  
made by the Minister of Labour for Nova Scotia.  
(b)  
Arbitration Board  
If the grievance is to be heard by a three-member arbitration board, the Union  
and the Employer shall each appoint a member of the arbitration board within five  
(5) days of notice of arbitration in accordance with Article 26.01. Should the  
appointed members fail to agree upon the appointment of a chair within five (5)  
days of their appointment, the Minister of Labour for Nova Scotia shall appoint  
the chair.  
(c)  
Arbitration Procedure  
The arbitration board or single arbitrator shall render a decision in as short a time  
as possible. With due regard to the wishes of the parties, the decision shall, in  
the normal course be handed down within a maximum of fourteen (14) days from  
the appointment of the chair or single arbitrator.  
87  
26.05 Expedited Arbitration Procedure  
(a) Eligibility For Utilization  
By mutual agreement, the parties may agree to have any grievance referred to  
expedited arbitration in accordance with the procedures set out herein.  
(b) Rules of Procedure  
By referring any specific grievance to be dealt with in the expedited arbitration  
procedure it is understood and agreed that the matter is to be dealt with in  
accordance with the Rules of Procedure attached to this Agreement as Appendix  
1.  
26.06 Arbitration Award  
All arbitration awards shall be final and binding as provided by Section 42 of the Trade  
Union Act. An arbitrator may not alter, modify or amend any part of this Agreement, but  
shall have the power to modify or set aside any unjust penalty of discharge, suspension  
or discipline imposed by the Employer on an Employee.  
26.07 Arbitration Expenses  
Each party shall pay the fees and expenses of its appointed member and one-half the  
fees and expenses of the chair or single arbitrator.  
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ARTICLE 27 - JOINT CONSULTATION  
27.01 Joint Consultation  
The parteis acknowledge the mutual benefits to be derived from joint consultation and  
are prepared to enter discussion on matters of common interest and mutual concern.  
27.02 Health Care Bargaining Unit Labour Management Committee  
(a)  
(b)  
(c)  
The Health Care Bargaining Unit Labour Management Committee shall have  
up to two (2) member representatives and one (1) staff representative each  
from CUPE, Unifor and the NSGEU. There shall be up to nine (9) Employer  
representatives.  
The participants in the Health Care Bargaining Unit Labour Management  
Committee may change from time to time to reflect the issues being  
discussed by the Committee.  
The Health Care Bargaining Unit Labour Management Committee shall  
meet not less than three (3) times per year. The Committee may mutually  
agree to variations of the make-up of the Committee and the meeting  
schedules.  
(d)  
CUPE, Unifor and NSGEU are entitled to establish, with the agreement of  
the Employer, Labour Management Committees to address matters specific  
to individual constituent unions.  
27.03 Committee Functions  
The function of the Health Care Committees shall be to discuss matters of mutual  
concern to the parties, but it is understood and agreed that the Committees will  
not discuss grievances.  
89  
27.04 Re-imbursement for Committee Work  
It is understood that the Union Committee members will be paid for time spent at  
such meetings during their regular working hours. Employees required to travel  
from his/her usual work location to attend such committee meetings, shall be paid  
the kilometre allowance as specified in Article 28.02.  
ARTICLE 28 – TRAVEL  
28.01 Employer’s Travel Policy  
(a)  
(b)  
(c)  
The Employer’s travel policy, dated September 2008, shall apply to all  
Employees covered by this Agreement and the Employer shall not  
amend the travel policy during the term of this collective agreement.  
The rates in the Employer’s travel policy, including the rates specified in  
this Article shall prevail in the event of conflict with the travel policy,  
may be amended upwards from time to time.  
The Employer and the Council will form a committee to decide the  
Travel Policy provisions dealing with kilometrage for Employees  
regularly scheduled to work at more than one (1) work site. The  
committee will consist of three members nominated by the Council  
(one (1) from NSGEU, one (1) from CUPE and one (1) from Unifor)  
and three members nominated by the Employer and will meet no  
later than sixty (60) days from the effective date of the award. If the  
committee is unable to come to a resolution within six (6) months of  
the effective date of the award, the matter will be referred to binding  
interest arbitration before Arbitrator Kaplan and will be decided on  
the basis of written submissions. In the meantime, the status quo  
prevails.  
90  
(d)  
NSGEU members employed in Public Health Addictions and  
Continuing Care in the Eastern, Western and Northern Zones  
currently in receipt of a car allowance on the effective day of this  
collective agreement shall be grandparented and will be eligible for a  
car allowance in accordance with the provisions of Appendix XX.  
28.02 Kilometrage Allowance  
An Employee who is authorized to use a privately owned automobile on the Employer’s  
business shall be paid a kilometrage allowance of $0.4415 cents per kilometre.  
The Employer will adopt the civil service kilometrage rate effective the date of a tentative  
agreement being reached between the parties, provided that such agreement is  
subsequently ratified. Thereafter adjustments will be made in accordance with, and on  
the same effective dates as adjustments to the civil service rate.  
28.03 Other Expenses  
(a)  
Reasonable expenses incurred by Employees for approved business or  
education travel for the Employer shall be reimbursed by the Employer to the  
following maximums:  
Breakfast  
Lunch  
$6.00 $8.00  
$12.00 $15.00  
$20.00  
Dinner  
Incidentals  
$5.00  
With the express approval of management, an Employee may, upon the  
provision of receipts, be reimbursed for actual cost of meal expenses.  
Reimbursement for Accommodations shall not be less than the actual cost to the  
Employee.  
91  
(b)  
Article 28.03(a) does not include meal, accommodations, and other routine  
Employee expenses normally incurred in the course of the Employee’s work day.  
In the event the Employee’s work requires her to be beyond a sixteen (16)  
kilometer radius of the Employer’s premises during the Employee’s recognized  
lunch meal period, the Employee is entitled to the $12.00 $15.00 lunch allowance  
pursuant to Article 28.03(a).  
(c)  
Reasonable expenses incurred by Employees on the business of the Employer  
shall be reimbursed by the Employer, provided approval for the expenditure has  
been obtained.  
28.04 Transportation To/From Work  
An Employee who is required to travel to or from work between the hours of 2400 and  
0600 shall be entitled to be reimbursed for actual transportation expenses incurred to a  
maximum of $10.00 each way per shift or $0.4415 per kilometre to the above-mentioned  
maximum.  
ARTICLE 29 - RETIREMENT ALLOWANCE  
29.01 Retirement Allowance  
(a)  
An Employee who resigns or who retires from employment and is immediately  
eligible for and commences receipt of pension under the NSHEPP, the  
Provincial Superannuation Pension Plan or the Canada Pension Plan  
immediately following their resignation / retirement shall be granted a Retirement  
Allowance equal to one (1) week’s pay for each year of service to a maximum of  
twenty-six (26) years. The Retirement Allowance will include a prorated payment  
for a partial year of service.  
(b)  
The amount of Retirement Allowance provided under (a) shall be calculated by  
the formula:  
Annual Salary = 1 week  
52  
92  
(c)  
(d)  
The entitlement of an Employee to a Retirement Allowance shall be based on an  
Employee’s total service as defined in Article 1.02. A person can only receive a  
retirement allowance once, based on the same year(s) of service.  
In addition to the months of service upon which an Employee’s Retirement  
Allowance entitlement is calculated pursuant to (c), the months of prior War  
Service purchased by an Employee in accordance with the amendment to  
Section 11 of the Public Service Superannuation Act, shall be included as  
months of service for the purpose of Retirement Allowance entitlement  
calculation.  
(e)  
Where an Employee dies and she would have been entitled to receive a  
Retirement Allowance if she had retired immediately before her death, the  
Retirement Allowance to which she would have been entitled shall be paid:  
(i)  
to her beneficiary under the Group Life Insurance Policy; or  
to her estate if there is no such beneficiary.  
(ii)  
(f)  
Where the person to whom a Retirement Allowance is payable has not attained  
the age of nineteen (19) years or, in the opinion of the Governor in Council, is not  
capable of managing her affairs by reason of infirmity, illness or other cause, the  
Retirement Allowance shall be paid to such person as the Governor in Council  
directs as trustee for the benefit of the person entitled to receive the Retirement  
Allowance.  
(g)  
The salary which shall be used to calculate the amount of the Retirement  
Allowance in accordance with this Article shall be the highest salary the  
Employee was paid during her employment with the Employer.  
29.02 Public Services Sustainability (2015) Act  
(a)  
Notwithstanding Article 29.01, the Public Services Sustainability (2015) Act  
93  
requires the Employer to freeze the years of service used to calculate the  
amount of the Retirement Allowance, which shall be the years up to March  
31, 2015.  
(b)  
Employees will have the option to obtain an early payout of their  
Retirement Allowance accrued up to March 31, 2015, or receive payout on  
death or retirement in accordance with the provisions of the collective  
agreement which applied to them as of March 31, 2015. If Employees  
receive an early payout, the salary used to calculate the amount of the  
Retirement Allowance shall be the salary at October 31, 2017. Otherwise,  
the salary will be based on the salary the Employee is receiving at  
retirement or death. Employees who wish to choose an early payout must  
opt to do so, in writing to the Employer, no later than one month after the  
Employer sends them notice of their eligibility for an early payout.  
29.03 Applicable Employees  
This provision is applicable only to Employees who retire on or after November 1, 2006.  
29.04 Retiree Benefits  
Retired Employees shall receive retiree benefits in accordance with the provisions  
established for their work location under the predecessor collective agreements  
entered into between the Predecessor Employers and the Constituent Unions of  
the Council.  
ARTICLE 30 - THE PENSIONS  
30.01 Coverage of Employees  
(a)  
Employees who are presently covered by a pension plan shall continue to be  
covered by the terms of that plan, subject to any mutual agreement to the  
contrary. For greater clarity, existing Employees shall remain in their  
current pension plan in the event they change positions within the NSHA.  
(b)  
Employees newly hired in Public Health Addiction and Continuing Care in  
the Eastern, Northern and Western zones of the NSHA shall be brought  
under the terms of the Nova Scotia Superannuation Pension Plan.  
94  
(c)  
All other Employees not presently covered by a pension plan shall be brought  
under the terms of the AHO Plan NSHEPP unless altered by mutual agreement  
of the parties.  
ARTICLE 31 - HEALTH AND SAFETY  
31.01 Health and Safety Provisions  
The Employer shall continue to make and enforce provisions for the occupational health,  
safety, and security of Employees. The Employer will respond to suggestions on the  
subject from the Union and the parties undertake to consult with a view to adopting and  
expeditiously carrying out reasonable procedures and techniques designed or intended  
to prevent or reduce the risk of employment injury and employment-related chronic  
illness.  
31.02 Occupational Health and Safety Act  
The Employer, the Union, and the Employees recognize they are bound by the  
provisions of the Occupational Health and Safety Act, S.N.S. 1996, c.7, and appropriate  
federal acts and regulations. Any breach of these obligations may be grieved pursuant to  
this Agreement.  
31.03 Joint Occupational Health and Safety Committee  
(a)  
The Employer shall establish and maintain one (or more) Joint Occupational  
Health and Safety Committee(s) as provided for in the Occupational Health and  
Safety Act.  
(b)  
(c)  
The committee(s) shall consist of such number of persons as may be agreed to  
by the Employer and the Union.  
At least one-half of the members of the committee shall be Employees at the  
workplace who are not connected with the management of the workplace and the  
Employer may choose up to one-half of the members of the committee if the  
Employer wishes to do so.  
95  
(d)  
(e)  
The Employees on the committee are to be determined by the Employees they  
represent or designated by the Union that represents the Employees.  
The committee shall meet at least once each month unless:  
(i)  
a different frequency is prescribed by the regulation; or  
(ii)  
the committee alters the required frequency of meetings in its rules of  
procedure.  
(f)  
Where the committee alters the required frequency of meetings by its rules of  
procedure and the Director of Occupational Health and Safety Division of the  
Nova Scotia Department of Labour (hereinafter in this Article referred to as the  
“Director”) is not satisfied that the frequency of meetings is sufficient to enable  
the committee to effectively perform its functions, the frequency of the meetings  
shall be as determined by the Director.  
(g)  
An Employee who is a member of the committee is entitled to such time off from  
work as is necessary to attend meetings of the committee, to take any training  
prescribed by the regulations and to carry out the Employee's functions as a  
member of the committee, and such time off is deemed to be work time for which  
the Employee shall be paid by the Employer at the applicable rate.  
(h)  
(i)  
The committee shall establish its own rules of procedure and shall adhere to the  
applicable regulations.  
Unless the committee determines another arrangement for chairing the  
committee in its rules of procedure, two of the members of the committee shall  
co-chair the committee, one of whom shall be selected by the members who  
represent Employees and the other of whom shall be selected by the other  
members.  
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(j)  
The rules of procedure established pursuant to Article 31.03(h) shall include an  
annual determination of the method of selecting the person or persons who shall:  
(i)  
chair the committee; and  
(ii)  
hold the position of the chair for the coming year.  
(k)  
Where agreement is not reached on:  
(i)  
the size of the committee;  
(ii)  
(iii)  
the designation of Employees to be members; or  
rules of procedure;  
the Director shall determine the matter.  
(l)  
It is the function of the committee to involve the Employer and Employees  
together in occupational health and safety in the workplace, and without  
restricting the generality of the foregoing, includes:  
(i)  
the cooperative identification of hazards to health and safety and effective  
system to respond to the hazards;  
(ii)  
(iii)  
the cooperative auditing of compliance with health and safety  
requirements in the workplace;  
receipt, investigation, and prompt disposition of matters and complaints  
with respect to workplace health and safety;  
97  
(iv)  
participation in inspections, inquiries and investigations concerning the  
occupational health and safety of the Employees and, in particular,  
participation in an inspection referred to in Section 50 of the Occupational  
Health and Safety Act;  
(v)  
advising on individual protective devices, equipment, and clothing that,  
complying with the Occupational Health and Safety Act and the  
Regulations, are best adapted to the needs of the Employees;  
(vi)  
advising the Employer regarding a policy or program required pursuant to  
the Occupational Health and Safety Act or the Regulations and making  
recommendations to the Employer, the Employees, and any person for  
the improvement of the health and safety of persons at the workplace;  
(vii)  
maintaining records and minutes of committee meetings in a form and  
manner approved by the Director and providing committee members with  
a copy of these minutes, and providing an officer with a copy of these  
records or minutes on request. Both chairpersons will sign the minutes  
unless there is a dispute over their contents, in which case the dissenting  
co-chairperson will indicate in writing the source of this disagreement; and  
(viii) performing any other duties assigned to it:  
(1)  
(2)  
by the Director;  
by agreement between the Employer and the Employees or the  
Union; or  
(3)  
as are established by the Regulations of the Occupational Health  
and Safety Act.  
31.04 Right to Refuse Work and Consequences of Refusal  
(a)  
Any Employee may refuse to do any act at the Employee’s place of employment  
where the Employee has reasonable grounds for believing that the act is likely to  
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endanger the Employee’s health or safety or the health or safety of any other  
person until:  
(i)  
the Employer has taken remedial action to the satisfaction of the  
Employee;  
(ii)  
(iii)  
the committee has investigated the matter and unanimously advised the  
Employee to return to work; or  
an officer appointed under the Occupational Health and Safety Act has  
investigated the matter and has advised the Employee to return to work.  
(b)  
Where an Employee exercises the Employee’s right to refuse to work pursuant to  
Article 31.04(a), the Employee shall:  
(i)  
immediately report it to the supervisor;  
(ii)  
where the matter is not remedied to the Employee’s satisfaction, report it  
to the committee or the representative, if any; and  
(iii)  
where the matter is not remedied to the Employee’s satisfaction after the  
Employee has reported pursuant to Article 31.04(b)(i) and (ii), report it to  
the Occupational Health and Safety Division of the Department of Labour.  
(c)  
At the option of the Employee, the Employee who refuses to do any act pursuant  
to Article 31.04(a) may accompany an Occupational Health and Safety officer or  
the committee or representative, if any, on a physical inspection of the  
workplace, or part thereof, being carried out for the purpose of ensuring others  
understand the reasons for the refusal.  
(d)  
Notwithstanding Subsection 50 (8) of the Occupational Health and Safety Act, an  
Employee who accompanies an Occupational Health and Safety officer of the  
Department of Labour, the committee or a representative, as provided in Article  
99  
31.04(c), shall be compensated in accordance with Article 31.04(g), but the  
compensation shall not exceed that which would otherwise have been payable  
for the Employee’s regular or scheduled working hours.  
(e)  
(f)  
Subject to this Agreement, and Article 31.04(c), where an Employee refuses to  
do work pursuant to Article 31.04(a), the Employer may reassign the Employee  
to other work and the Employee shall accept the reassignment until the  
Employee is able to return to work pursuant to Article 31.04(a).  
Where an Employee is reassigned to other work pursuant to Article 31.04 (e), the  
Employer shall pay the Employee the same wages or salary and grant the  
Employee the same benefits as would have been received had the Employee  
continued in the Employee’s normal work.  
(g)  
Where an Employee has refused to work pursuant to Article 31.04(a) and has not  
been reassigned to other work pursuant to Article 31.04 (e), the Employer shall,  
until Article 31.04 (a)(i), (ii) or (iii) is met, pay the Employee the same wages or  
salary and grant the Employee the same benefits as would have been received  
had the Employee continued to work.  
(h)  
(i)  
A reassignment of work pursuant to Article 31.04(e) is not a discriminatory act  
pursuant to Section 45 of the Occupational Health and Safety Act.  
An Employee may not, pursuant to this Article, refuse to use or operate a  
machine or thing or to work in a place where:  
(i)  
the refusal puts the life, health or safety of another person directly in  
danger; or  
(ii)  
the danger referred to in Article 31.04 (a) is inherent in the work of the  
Employee.  
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31.05 Restriction on Assignment of Work Where Refusal  
Where an Employee exercises the Employee’s right to refuse to work pursuant to Article  
31.04(a), no Employee shall be assigned to do that work until the matter has been dealt  
with under that Article, unless the Employee to be so assigned has been advised of:  
(a)  
(b)  
(c)  
the refusal by another Employee;  
the reason for the refusal; and  
the Employee’s rights pursuant to Article 31.04.  
31.06 First-Aid Kits  
The Employer shall provide an area, equipped with a first-aid kit, for the use of  
Employees taken ill during working hours.  
31.07 Protection of Pregnant Employees  
A pregnant Employee who works with machinery or equipment which may pose a threat  
to the health of either the pregnant Employee or her unborn child, may request a job  
reassignment for that period by forwarding a written request to the Employee’s  
immediate management supervisor along with a satisfactory certificate from a duly  
qualified medical practitioner justifying the need for such reassignment. Upon receipt of  
the request, the Employer, where possible, will reassign the pregnant Employee to an  
alternate position and/or classification or to alternate duties with the Employer.  
31.08 Uniforms and Protective Clothing  
(a)  
(b)  
Should the Employer determine that uniforms are a requirement, it is the  
responsibility of the Employer to provide the clothing, and it shall be the  
responsibility of the Employee to clean the clothing.  
Where conditions of employment are such that an Employee’s clothing may be  
contaminated, or where an Employee’s clothing may be damaged, the Employer  
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shall provide protective clothing (smocks, coveralls, lab coats, or similar  
overdress) and shall pay for their laundering.  
ARTICLE 32 – JOB SECURITY  
Definitions  
(a)  
“worksite” means the actual building or other regular place of employment  
of the Employee; the Queen Elizabeth II Health Sciences Center is deemed  
to be a single worksite.  
(b)  
“geographic location” means the area within a driving distance of 60 km of  
the actual building or other regular place of employment of an Employee;  
except that, within the Halifax Regional Municipality, “geographic location”  
is that area within a driving distance of 50 km of the actual building or other  
regular place of employment of the Employee.  
32.01 Joint Committee on Technological Change  
(a)  
Within sixty (60) days of the signing of this Agreement, the parties are to  
establish a Joint Committee on Technological Change of equal representation of  
the Union and the Employer for the purpose of maintaining continuing  
cooperation and consultation on technological change and job security. The  
committee shall appoint additional representatives as required.  
(b)  
(c)  
The Joint Committee on Technological Change shall consult as required to  
discuss matters of concern between the parties related to technological change  
and circumstances identified in Article 32.07, and 32.13. The parties may agree  
to consult by telephone.  
The Joint Committee on Technological Change shall be responsible for:  
(1)  
(2)  
(3)  
defining problems;  
developing viable solutions to such problems;  
recommending the proposed solution to the employer.  
(d)  
The Employer will provide the Joint Committee on Technological Change with as  
much notice as reasonably possible of expected redundancies, relocations, re-  
organizational plans, technological change and proposed contracting out of work.  
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(e)  
It is understood that the Joint Committee on Technological Change provided for  
herein shall be a single committee to cover all bargaining units represented by  
the Union.  
32.02 Definition  
For the purposes of this Article, "technological change" means the introduction of  
equipment or material by the Employer into its operations, which is likely to affect the job  
security of Employees.  
32.03 Introduction  
The Employer agrees that it will endeavour to introduce technological change in a  
manner which, as much as is practicable, will minimize the disruptive effects on  
Employees and services to the public.  
32.04 Notice to Union  
The Employer will give the Union written notice of technological change at least three (3)  
months prior to the date the change is to be effected. During this period the parties will  
meet to discuss the steps to be taken to assist Employees who could be affected.  
32.05 Training and Retraining  
(a)  
(b)  
Where retraining of Employees is necessary, it shall be provided during normal  
working hours where possible.  
Where the Employer determines a need exists, and where operational  
requirements permit, the Employer shall continue to make available appropriate  
training programs to enable Employees to perform present and future duties  
more effectively.  
(c)  
The duration of the training/retraining under this Article shall be determined by  
the Employer and does not include courses or programs offered by a party other  
than the Employer.  
32.06 Application  
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For the purposes of this Article "Employee" means a permanent Employee, or a casual  
Employee who, pursuant to Article 38.04 (m), has the rights of a permanent Employee.  
32.07 Union Consultation  
Where positions are to be declared redundant because of technological change,  
shortage of work or funds or because of discontinuance of work or the reorganization of  
work within a classification, the Employer will advise and consult with the Union as soon  
as reasonably possible after the change appears probable, with a view to minimizing the  
adverse effects of the decision to declare redundancies.  
32.08 Transition Support Program  
(a)  
All references within this Article to the Transition Support Program relate to the  
Program outlined in Article 33. The availability of any payment or other  
entitlement under that document, and any obligation on the part of the Employer  
to provide such, pursuant to this Article or any other part of the collective  
agreement, shall only exist during the effective term of the Program, as expressly  
specified in that document. This limitation exists notwithstanding any other  
provision of this Article or any other part of the collective agreement.  
(b)  
The term of the Transition Support Program may be extended by mutual  
agreement between the parties.  
32.09 Employee Placement Rights  
(a)  
Subject to consideration of ability, experience, qualifications, or where the  
Employer establishes that special skills or qualifications are required according to  
objective tests of standards reflecting the functions of the job concerned, an  
Employee whose position has become redundant, shall, subject to Article  
35.02(e), have the right to be placed in a vacancy in the following manner and  
sequence:  
(1) A position in the Employee’s same position classification / classification  
grouping at the Employee’s worksite;  
(2) If a vacancy is not available under (1) above, then any bargaining unit for  
which the Employee is qualified;  
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At each of the foregoing steps, all applicable vacancies shall be identified and the  
Employees shall be assigned to the position of their choice, subject to  
consideration of the provisions herein. If there is more than one Employee  
affected, their order or preference shall be determined by their order of seniority.  
(b)  
An Employee whose position is redundant or who is in receipt of layoff notice and  
who has refused a payment pursuant to the Transition Support Program (“TSP  
payment”) must accept a placement within the same position classification /  
classification grouping within his or her own geographic location in  
accordance with Article 32 provided that the placement is to a position that  
has the same designated percentage of full-time employment or resign  
without severance.  
(c)  
(d)  
An Employee will have a maximum of two (2) full days to exercise her placement  
rights in this step of the placement process.  
Where an Employee accepts a position in a classification, the maximum salary of  
which is less than the maximum salary of the Employee’s current classification,  
the Employee shall be granted salary protection in accordance with Item 1.5 of  
Article 33.  
(e)  
Where a vacancy exists which has a higher maximum salary than that of an  
Employee’s classification, the position shall be posted as agreed between the  
parties provided that the resulting vacancy shall then be dealt with in accordance  
with this agreement.  
32.10 Volunteers  
(a)  
When the Employer determines after placement pursuant to Article 32.09, there  
are still redundancies, the Employer shall ask for volunteers from that  
classification/classification grouping within the geographic location of the  
remaining redundancies who wish to be offered a TSP payment according to  
Article 33.  
(b)  
If there are more volunteers than redundancies, then the most senior volunteers  
shall be offered the TSP payment.  
32.11 Insufficient Volunteers  
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If there are insufficient volunteers pursuant to Article 32.10, the Employer shall identify  
remaining redundant Employees and these Employees shall have placement rights  
pursuant to Article 32.09 or, where available, they shall be entitled to receive a TSP  
payment.  
32.12 Layoff Notice  
(a)  
If there are remaining redundant Employees after Article 32.10 and 32.11, the  
Employer shall give layoff notice to the most junior Employee(s) pursuant to  
Article 32.14 in the classification/classification grouping from which the Employer  
requested volunteers for the Transition Support Program.  
(b)  
The Employees in receipt of layoff notice shall have the rights of an Employee in  
receipt of layoff notice pursuant to this Article.  
32.13 Layoff  
An Employee(s) may be laid off because of technological change, shortage of work or  
funds, or because of the discontinuance of work or the reorganization of work.  
32.14 Layoff Procedure  
Where the layoff of a bargaining unit member is necessary, and provided ability, skill,  
and qualifications are sufficient to perform the job, Employees shall be laid off in reverse  
order of seniority.  
32.15 Notice of Layoff  
(a)  
(b)  
Forty (40) days notice of layoff shall be sent by the Employer to the Union and  
the Employee(s) who is/are to be laid off, except where a greater period of notice  
if provided for under (b) below.  
When the Employer lays off ten (10) or more persons within any period of four (4)  
weeks or less, notice of layoff shall be sent by the Employer to the Union and  
Employees who are to be laid off, in accordance with the following:  
(i)  
eight (8) weeks if ten (10) or more persons and fewer than one hundred  
(100) persons are to be laid off;  
106  
(ii)  
twelve (12) weeks if one hundred (100) or more persons and fewer than  
three hundred (300) are to be laid off;  
(iii)  
sixteen (16) weeks if three hundred (300) or more persons are to be laid  
off;  
(c)  
(d)  
Notices pursuant to this Section shall include the effective date of layoff and the  
reasons therefor.  
An Employee in receipt of layoff notice shall be entitled to exercise any of the  
following options:  
(i)  
to exercise placement/displacement rights in accordance with the  
procedure set out in this Article;  
(ii)  
to accept layoff and be entitled to recall in accordance with Article 32.18;  
to accept the Transition Support Program.  
(iii)  
An Employee who intends to exercise placement/displacement rights pursuant to (d) (i)  
above will indicate such intent to the Employer within two (2) full days following receipt of  
the layoff notice. If the Employee does not indicate such intent within this period, she will  
be deemed to have opted to accept layoff in accordance with (d) (ii) above.  
32.16 Pay in Lieu of Notice  
Where the notice required by Article 32.15 is not given, the Employee shall receive pay,  
in lieu thereof, for the amount of notice to which the Employee is entitled.  
32.17 Displacement Procedure  
(a)  
Subject to consideration of ability, experience, qualifications, or where the  
Employer establishes that special skills or qualification are required, according to  
objective tests or standards reflecting the functions of the job concerned, an  
Employee in receipt of layoff notice has, subject to Article 35.02(e), the right to  
107  
displace another Employee. The Employee to be displaced shall be an Employee  
with lesser seniority who:  
(i)  
Is the least senior Employee in the displacing Employee’s  
classification / classification grouping who has the same designated  
percentage of full-time employment at the Employee’s worksite or  
(ii) Where no such junior Employee exits, the least senior Employee in  
the displacing Employee’s classification / classification grouping who  
has the same designated percentage of full-time employment within  
the displacing Employee’s geographic location; or  
(iii) Where no such junior Employee exists, the least senior Employee in  
any classification / classification grouping who has the same  
designated percentage of full-time employment within the displacing  
Employee’s geographic location; or  
(iv) Where no such junior Employee exists, the least senior Employee in  
any classification / classification grouping who has the same  
designated percentage of full-time employment in the bargaining unit.  
(v) At each of the above steps, the displacing Employee may elect to  
displace the least senior Employee with a lower designation of full-  
time employment.  
(b)  
An Employee who chooses to exercise rights in accordance with Article 32.17  
may elect at any step, beginning with Article 32.15, to accept layoff and be  
placed on the Recall List or to resign with severance pay in accordance with  
Article 32.24(g)(ii).  
(c) An Employee who is displaced pursuant to Article 32 shall be entitled to:  
(i)  
take the Transition Support Program, or  
(ii)  
(iii)  
go on the Recall List, or  
subject to consideration of ability, experience, qualifications, or  
where the Employer establishes that special skills or qualifications  
108  
are required, according to objective test or standards reflecting the  
functions of the job concerned be placed in any vacancy in any  
bargaining unit.  
(d)  
(e)  
An Employee will have a maximum of two (2) full days to exercise her rights at  
any of the foregoing steps of the displacement procedures provided for herein.  
Where an Employee accepts a position in a classification, the maximum salary of  
which is less than the maximum salary of the Employee’s current classification,  
the Employee shall be paid the salary of the classification of the Employee’s new  
position.  
32.18 Recall Procedures  
(a)  
(b)  
Employees who are laid off shall be placed on a Recall List. Laid off Employees  
shall fill out the Laid Off Employee availability form in Appendix 5.  
Subject to consideration of ability, experience, qualifications, or where the  
Employer establishes that special skills or qualifications are required, according  
to objective tests or standards reflecting the functions of the job concerned,  
Employees placed on the Recall List shall be recalled by order of seniority to any  
position for which the Employee is deemed to be qualified. Positions pursuant to  
this section shall include all positions in all bargaining units.  
(c)  
(d)  
The Employer shall give notice of recall by registered mail to the Employee’s last  
recorded address. Employees are responsible for keeping the Employer informed  
of their current address.  
An Employee entitled to recall shall return to the service of the Employer within  
two (2) weeks of notice of recall, unless on reasonable grounds she is unable to  
do so. An Employee who has been given notice of recall may refuse to exercise  
such right without prejudicing the right of any future recall, except in the case of  
recall to the Employee’s same position classification title or position classification  
title series within the Employee’s geographic location in which event she will be  
struck from the Recall List, unless she refuses in accordance with Article  
35.02(e). However, an Employee’s refusal to accept recall to her same position  
classification title or position classification title series at the time of layoff will not  
result in loss of recall rights in the case of recall for occasional work or for  
employment of short duration of time during which she is employed elsewhere or  
for a recall to a position with a lower designated percentage of full-time  
employment.  
109  
(e)  
(f)  
Employees on the Recall List shall be given first option of filling vacancies  
normally filled by casual workers, providing they possess the necessary  
qualifications, skills, and abilities, as determined by the Employer, reflecting the  
functions of the job concerned. A permanent Employee who accepts such casual  
work retains her permanent status.  
Where an Employee accepts a recall to a position that has a lower maximum  
salary or a lower designated percentage of full-time employment or is in a  
different geographic location than the Employee’s position before their lay off,  
the Employee shall remain eligible for recall to a vacant position with the  
Employee’s previous maximum salary or designated percentage of full-time  
employment or geographic location; the rights under this clause expire 12  
months fifteen (15) months after the date of layoff.  
32.19 Termination of Recall Rights  
The layoff shall be a termination of employment and recall rights shall lapse if the layoff  
lasts more than twelve (12) months fifteen (15) months.  
32.20 Loss of Seniority  
An Employee shall lose seniority and shall be deemed to have terminated her bargaining  
unit position in the event that:  
(a)  
the Employee is discharged for just cause and not reinstated;  
(b) the Employee resigns;  
(c)  
The Employee is laid off for more than twelve (12) fifteen (15) consecutive months without  
recall; or  
(d) the Employee has been employed in a position excluded from any bargaining unit for a period  
in excess of eighteen (18) months.  
32.21 No New Employees  
No new Employees shall be hired unless all Employees on the Recall List who are able  
to perform the work required have had an opportunity to be recalled, subject to  
110  
consideration of ability, experience, qualifications, or where the Employer establishes  
that special skills or qualifications are required, as determined by the Employer,  
according to objective tests and standards reflecting the functions of the job concerned.  
32.22 Transition Support Program  
Notwithstanding anything in this Agreement, the Employer is only required to make a  
TSP payment to the same number of Employees as the Employer has reduced its  
complement.  
32.23 Layoff Exception  
Notwithstanding 32.24 (Contracting Out), an Employee who has eight (8) years’ seniority  
shall not be laid off except where the reason for layoff is beyond the control of the  
Employer including, but not limited to, complete or partial destruction of plant,  
destruction or breakdown of machinery or equipment, unavailability of supplies and  
materials, fire, explosion, accident, labour disputes, etc., if the Employer has exercised  
due diligence to foresee and avoid the cause of layoff.  
32.24 Contracting Out  
(a)  
Notice  
The Employer shall provide the Union with sixteen (16) weeks notice of the  
implementation of the decision to contract out work normally performed by  
members of the bargaining unit. At the time that the Employer gives notice to the  
Union of its intention to contract out, the Employer shall make a conditional TSP  
payment offer in Article 33 to those Employees directly affected by the  
contracting out. Final acceptance by the Employer of Employees wishing to take  
advantage of the TSP payment offer will be conditional on the Employer reaching  
an agreement with a Contractor.  
(b)  
Employer Disclosure  
The Employer shall disclose its reasons for contracting out when notice is  
provided pursuant to Article 32.24(a).  
111  
(c)  
Union Response  
The Union shall be entitled to make proposals, including proposals on ways to  
avoid contracting out, within four (4) weeks of receiving notice pursuant to Article  
32.24(a). The Union’s suggestions should specifically address the reasons for  
the contracting out.  
(d)  
Employer Response  
After receipt of proposals or suggestions from the Union pursuant to Article  
32.24(c), the Employer shall consider these proposals. The Employer shall either  
accept or reject, in whole or in part, such proposals. At this time, the Employer  
shall either make the TSP payment offer unconditional or retract the TSP  
payment offer.  
(e)  
Hiring Preference  
The Employer will make every reasonable effort, where work normally performed  
by members of the bargaining unit is contracted out, to obtain jobs for Employees  
who have not exercised their rights under Article 32.24(d) and who are directly  
affected by the contracting out with the Contractor. The Employer will have made  
reasonable efforts when the Employer has:  
(i)  
required bidders to give Employees a preference in hiring for job  
opportunities that will arise if they are successful in their bid;  
(ii)  
met with the Union to give the Union an opportunity to put forward its  
views on how the Employee can try to obtain employment with the  
Contractor; and,  
(iii)  
met with the successful bidder and sought to make it a term of the  
contract with the Contractor that the Contractor must:  
112  
(1)  
(2)  
(3)  
interview Employees for job opportunities available with the  
Contractor to perform the contracted out work;  
where the hiring to perform the contracted out work is subject to  
appropriate skills testing, offer to test Employees;  
extend job offers to Employees who are qualified for available job  
opportunities with the Contractor to perform contracted out work;  
and  
(4)  
where there are more qualified Employees than the Contractor  
has opportunities due to the contracted out work, to extend job  
offers on the basis of seniority.  
(f)  
TSP Payment Offers  
(i)  
Where the Employer determines that there will be redundant positions as  
a result of a contracting out, the classification(s) / classification groupings  
to which TSP payment offers will be made will be mutually agreed  
between the Employer and the Union.  
(ii)  
The Employer will offer a TSP payment to the agreed upon  
classification(s) / classification groupings. In any event, the classification  
grouping shall include, as a minimum, the classification(s) of the  
Employees affected in the work area by the contracting out of services.  
(g)  
Placement Procedure  
(i)  
If a sufficient number of Employees accept the TSP payment offer, the  
Employer will place the remaining Employees whose positions were  
declared redundant in the vacancies created by the Employees accepting  
the TSP payment offer or other appropriate vacancies. This placement  
will be by seniority, subject to consideration of ability, experience,  
113  
qualifications, or the Employer establishing that special skills or  
qualifications are required according to objective tests or standards  
reflecting the functions of the job concerned.  
(ii)  
Where the Employee refuse a placement, the salary of which is at least  
seventy-five percent (75%) of the present salary of the Employee’s  
current position, the Employee is deemed laid off. The Employee will be  
entitled to severance as follows:  
(1)  
One-half (1/2) month’s pay if she has been employed for three (3)  
years, but less than ten (10) years;  
One (1) month’s pay if she has been employed for ten (10) years,  
but less than fifteen (15) years;  
Two months’ pay if she has been employed for fifteen (15) years,  
but less than twenty (20) years.  
Three (3) months’ pay if she has been employed for twenty (20)  
years, but less than twenty-five (25) years;  
Four months’ pay if she has been employed for twenty-five (25)  
years, but less than thirty (30) years;  
Five months’ pay if she has been employed for thirty (30) or more  
years.  
(2)  
The amount of severance pay provided herein shall be calculated  
by the formula:  
Bi-weekly rate X 26 = one (1) month  
12  
(3) The entitlement of an Employee to severance pay shall be based  
upon the Employee’s total service as defined in this Agreement.  
114  
(iii)  
An Employee may decline to accept a vacant position in a different  
geographic location.  
(h)  
Second TSP Payment Offer  
If, after the first offer of TSP Payment, there are Employees remaining in  
positions which have been declared redundant, a second offer of a TSP payment  
will be made to broader classification(s)/classification groupings. The Employer  
will place the remaining redundant Employees in the vacancies created by the  
Employees accepting the TSP payment offer, or other appropriate vacancies, in  
the same manner as stated in Article 32.24(g).  
(i)  
Further TSP Payment Offers  
The process of expanding the offer of TSP payment to other  
classification(s)/classification groupings and areas will be repeated until all those  
Employees whose positions have been declared redundant as a direct effect of  
the contracting out are placed.  
32.25 Relocation of Positions:  
(a)  
Where an Employee’s position is relocated outside of their geographic  
location:  
(i)  
The Employee shall be offered the position in the new location;  
(ii)  
The Employee may decline the offer, in which case the  
Employee shall have the rights of an Employee whose  
position has become redundant.  
(iii)  
An Employee who has accepted a transfer outside of their  
115  
geographic location because their position has been  
relocated or has become redundant shall be reimbursed for  
the reasonable relocation costs incurred by the Employee to  
a maximum of $4,000.  
ARTICLE 33 – TRANSITION SUPPORT PROGRAM  
33.01 In order to avoid layoffs, Employees selected in accordance with TSP shall receive a  
severance payment in return for their voluntary resignation. TSP requires that a  
reduction in the staff complement occurs as a result of each TSP severance payment  
offered.  
1.1  
Voluntary Resignation and Seniority  
Where the Employer intends to reduce the number of Employees within a classification  
or classification group, and where the Employer has been unable to place Employees  
whose positions have become redundant, the Employer will offer to Employees in the  
affected classification or classification group the opportunity to resign with a TSP  
payment in order to avoid the need for layoff(s).  
Where an offer to a classification of Employees (or classification grouping) for  
resignation results in more volunteers than is required to meet the need, the decision as  
to who receives severance will be determined on the basis of seniority.  
Where the Employer can demonstrate to the Joint Committee on Technological Change  
that the Employer cannot accommodate the resignation of that number of Employees  
volunteering to resign or that other operational considerations are necessary, the  
Employer reserves the right to restrict the TSP offer. For example, where too many  
volunteers within a classification are from within a single work area, it may not be  
possible to permit all to resign at once. A phase-out procedure may be utilized to  
maximize the number of volunteers who actually resign.  
116  
1.2  
Joint Committee on Technological Change  
The Joint Committee established in accordance with the Agreement will be responsible:  
(i)  
to determine the classifications within a bargaining unit that are able  
to be considered a classification group for the purposes of this  
Program. A classification group may only include the Classifications  
requiring the same threshold qualifications and abilities. Where  
there are different requirements in a classification such as license,  
registration,  
certification,  
special  
skills  
or  
supervisory  
responsibilities, the classifications would not normally be grouped.  
(ii)  
to assess the operational requirements surrounding the Employer’s  
requirement to limit the number of the Employees to receive voluntary  
resignation offers;  
(iii)  
(iv)  
to review and clarify the impact of resignations on service delivery;  
to participate in the process of notifying displaced and laid off Employees  
of their options under this Program; and  
to address issues that may arise in respect of the interpretation and application of this  
Program.  
1.3  
TSP  
The TSP shall be presented to Employees on a “window-period” basis, as determined by  
the Employer.  
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1.4  
Displacement Process  
Step 1:  
At the point where the Employer decides the number of Employees  
within a classification or classification group to be reduced,  
notification will be given to the Joint Committee on Technological  
Change. Following Joint Committee consultation, this information  
shall be made known to Employees within that classification or  
classification group accompanied by a request for indications in  
writing of interest in voluntary resignation.  
Step 2:  
Step 3:  
Employees shall have seventy-two (72) hours following receipt of the  
notice to submit their Expression of Interest form.  
The Employer will assess the level of interest and determine  
provisional acceptance subject to operational requirements, in  
accordance with item 1.1 of this Program. This determination will be  
made in consultation with the Joint Committee On Technological  
Change and as soon as is reasonably possible following the seventy-  
two (72) hour response time.  
Step 4:  
Employees shall, within seven (7) days following a meeting with a  
representative of Human Resources, indicate their decision with  
respect to voluntary resignation. The actual date of resignation will  
occur with the agreement of the Employer. Upon resignation, the  
Employee will be entitled to the TSP payment in accordance with this  
Program.  
Step 5: (a) Article 32 of the Collective Agreement applies to Employees  
whose positions are eliminated due to the reduction of the number  
of Employees in a classification or classification group. These  
Employees shall be considered to be redundant pursuant to  
Article 32.12 of the Collective Agreement and shall have the rights  
of a redundant Employee.  
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(b) Any Employee displaced in accordance with the provisions of the  
Agreement shall be given seventy-two (72) hours to express their  
interest in TSP in accordance with Step 2 above. Those  
expressing an interest will have their application processed in  
accordance with Step 4 above. Where an Employee declines the  
TSP opportunity, the Layoff and Recall provisions of the  
Agreement shall apply.  
Step 6: (a) Where the Employer reaches its reduction target through this  
voluntary method, the process would end.  
(b) Where the number of voluntary resignations with TSP payment is  
less than the number of Employees in the classification or  
classification group to be reduced, the Employer shall identify  
those Employees who are subject to layoff. Before any Employee  
receives a notice of layoff, the employer will notify the Employee  
who will have seventy-two (72) hours to express an interest in  
TSP in accordance with Step 2 above. Those expressing an  
interest will have their application processed in accordance with  
Step 4 above. Employees who decline the TSP opportunity shall  
be issued layoff notice in accordance with the provisions of the  
Agreement.  
1.5  
Salary Protection  
Employee who accept placement in a position at a lower rate of pay, shall have their  
previous rate of pay maintained for such period as set out under this item.  
Where the Employee’s previous rate of pay exceeds the rate of twenty-five thousand  
($25,000) forty thousand ($40,000) per year, that rate of pay shall be maintained for a  
period of six (6) months from the date of placement in the lower-paying position.  
Thereafter, the Employee’s protected rate of pay shall be reduced by ten (10) percent or  
the maximum rate of the new classification, or the rate of twenty-five thousand ($25,000)  
forty thousand ($40,000) per year, whichever is the greater rate. The rate of pay will  
119  
remain at this reduced level (subject to any regular Collective Agreement regulated  
changes) for a further period of twelve (12) months, after which the rate of pay will be  
reduced to the maximum of the lower-paying position.  
Where the Employee’s previous rate of pay is equal to or less than the rate of twenty-five  
thousand ($25,000) forty thousand ($40,000) per year, or less, that rate of pay shall be  
maintained (subject to any regular Collective Agreement regulated changes) for a period  
of eighteen (18) months, after which the rate of pay will be reduced to the maximum of  
the lower-paying position.  
1.6  
Reduced Hours and TSP Payment  
Employees who accept an alternate position under this Program and as a result have a  
reduction of hours shall not qualify for a TSP payment.  
1.7  
Release Form  
Employees accepting voluntary resignation will be required to sign a release statement  
verifying their resignation and agreement to sever any future claim for compensation  
from the Employer or obligation by the Union for further services except as provided in  
this Program in exchange for the TSP payment.  
1.8  
Casual Shifts  
It shall only be for extraordinary operational needs that the Employer will utilize on a  
casual basis, an Employee who has resigned with a TSP payment under this Program  
during the period covered by the applicable notice payment period.  
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1.9  
TSP Severance Payment  
The amount of TSP payment shall be equivalent to four (4) weeks’ regular (i.e. excluding  
overtime) pay for each year of service to a maximum payment of fifty-two (52) weeks’  
pay and for a minimum payment of eight (8) weeks’ pay. Where there is a partial year of  
service, the TSP payment will be pro-rated on the basis of the number of months of  
service. An Employee who resigns in accordance with these provisions and is eligible to  
receive a pension under the NSHEPP Pension Plan, the Provincial Superannuation  
Pension Plan or the Canada Pension Plan and commences receiving the pension  
immediately following the completion of the TSP payment, shall also be entitled to  
receive the Retirement Allowance under Article 29 of the Collective Agreement. The  
maximum combined TSP and Retirement allowance payment shall not exceed fifty-two  
(52) weeks. The retirement allowance will be paid to the Employee at the earliest  
opportunity in accordance with the provisions of the Income Tax Act of Canada.  
1.10 Formula for Part-time Hours  
In determining the extent of the existing part-time relationship of an Employee at the time  
of resignation, layoff or other application of this program where the hours worked are not  
regular due to working additional shifts, the average of the Employee’s hours worked  
during the six (6) month period preceding the severance (or average over the preceding  
period of part-time employment where that period is less than six (6) months) will be  
used.  
1.11 Continuation of Benefits  
Employees in receipt of a TSP payment will be entitled to continue participation in the  
applicable group insurance and benefit plans for the length of the TSP payment period.  
During such period the contributions will be cost shared in accordance with Article 20.01  
of the collective agreement. It is understood that the Employer’s obligations in this  
respect do not apply to plans for which the Employee is currently responsible for the full  
cost of contributions.  
1.12 Re-employment Considerations  
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It is intended that TSP participants not be re-employed by an acute care employer during  
their TSP payment period. For purposes of this program, acute care employer includes  
the following employers: Capital District Health Authority, IWK Health Centre, Cape  
Breton Healthcare Complex and all District Health Authorities Nova Scotia Health  
Authority and Izaak Walton Killam Health Centre. An Employee in receipt of a TSP  
payment who is re-employed with an acute care employer will be required to repay an  
amount equal to the remaining portion of the TSP payment period. The repayment may  
be achieved through a payroll deduction plan that provides for full recovery over a period  
that is no more than twice the length of the remaining TSP payment period or through a  
lump sum payment. The Employee has the right to determine the method of repayment.  
1.13 Number of Employees  
Notwithstanding anything in this Agreement, the Employer is only required to provide a  
TSP payment to the same number of Employees as the Employer has reduced its  
complement.  
1.14 Severance Payment Method  
It is understood that the method of payment of the severance (for example, lump sum or  
incremental payment schemes) shall be determined by the Employee, provided that the  
total amount of payment is fully paid within the applicable notice payment period (not  
greater than fifty-two (52) weeks). That is, lump sum payments or other incremental  
payment schemes are possible.  
1.15 Transition Services / EAP  
Employees covered under this program will be allowed to participate in any Regional  
Transition or EAP programs available to health sector Employees in the province.  
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1.16 Transition Allowance  
Employees who resign with a TSP payment will be eligible for a transition allowance up  
to a maximum of $2,500. This sum may be utilized for one or a combination of the  
following:  
to assist in offsetting the costs in moving to accept a position with another  
employer, which is located a distance of 50 kilometers or more from the site  
of their previous usual workplace; and  
to cover the cost of participation in employer-approved retraining programs.  
The Employer will not unreasonably withhold such approval.  
In all cases Employees will require receipts for recovery of expenses. Only expenses  
incurred during the TSP severance payment period following the date of resignation are  
eligible for reimbursement under this Program.  
ARTICLE 34 - PAY PROVISIONS (NSHA & IWK)  
34.01 Rates of Pay  
(a)  
The rates of pay set out in Appendix 3 shall form part of this Agreement.  
(b)  
The following general wage increases shall be implemented for each of the  
classifications in the Health Care bargaining unit during the term of this collective  
agreement:  
Effective November 1, 2011 – a 2% general economic increase.  
Effective November 1, 2012 – a 2.5% general economic increase.  
Effective November 1, 2013 – a 3% general economic increase.  
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i.  
ii.  
Increase of 1% to all rates on November 1, 2016;  
Increase of 1.5% to all rates on November 1, 2017;  
Increase of 0.5% to all rates on October 31, 2018;  
Increase of 1.5% to all rates on November 1, 2018;  
Increase of 0.5% to all rates on October 31, 2019;  
Increase of 1.5% to all rates on November 1, 2019;  
Increase of 0.5% to all rates on October 31, 2020.  
iii.  
iv.  
v.  
vi.  
vii.  
The increases in rates of pay to Employees in positions formerly included  
in the drug dependency, public health and continuing care bargaining units  
of the former District Health Authorities 1-8 shall be made effective five  
months later than the dates in paragraphs i) to vii) unless otherwise agreed  
by the Council and the Employers.  
(c)  
Effective April 15, 2011 (date of ratification), Eligible Employees will receive a  
professional practice stipend as outlined in Memorandum of Agreement #13 –  
Professional Practice Stipend: Mental Health.  
34.02 Retention Incentive  
Upon completion of twenty-five years of service with the Employer all permanent  
Employees will receive an additional salary increment of 3.5% greater than the  
highest rate in effect for the applicable classification.  
34.03 Rate of Pay Upon Appointment  
Subject to Article 34.04, the rate of compensation of a person upon appointment to a  
position shall be the minimum rate prescribed for the class to which she is appointed.  
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34.04 Exception  
The rate of compensation of a person upon appointment to a position may be at a rate  
higher than the minimum rate prescribed for the class if, in the opinion of the Employer,  
such higher rate is necessary to affect the appointment of a qualified person to the  
position or if the person to be appointed to the position has qualifications in excess of the  
minimum requirements for the position.  
34.05 Rate of Pay Upon Promotion  
Subject to Article 34.06, the rate of compensation of a person upon promotion to a  
position in a higher pay range shall be at the next higher rate or the minimum of the new  
class, whichever is greater, than that received by the Employee before the promotion.  
34.06 Exception  
The rate of compensation of an Employee upon promotion to a position may be at a rate  
higher than that prescribed in Article 34.05 if, in the opinion of the Employer, such higher  
rate is necessary to effect the promotion of a qualified person to the position.  
34.07 Rate of Pay Upon Demotion  
The rate of compensation of an Employee upon demotion to a position in a lower pay  
range shall be at the next lowest rate or the maximum of the new class, whichever is  
lesser, than that received by the Employee before the demotion.  
34.08 Anniversary Date  
The anniversary date of an Employee shall be the first day of the month in which  
employment occurs if the Employee reported for duty during the first seven (7) calendar  
days of the month in which she was employed, or the first day of the following month if  
the Employee reported for duty later than the seventh calendar day of the month. The  
anniversary date will only change to the first day of another month if:  
(a)  
the Employee is reclassified, at which time the date of the reclassification  
becomes her new anniversary date;  
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(b)  
the Employee has been on leave of absence without pay, in which case the  
Employee's anniversary date will be moved forward by the amount of time which  
the Employee was on leave without pay, unless otherwise provided in this  
Agreement.  
34.09 Rate of Pay Upon Reclassification  
Where an Employee is recommended for a reclassification which falls on her  
anniversary date the Employee's salary shall be adjusted first by the implementation of  
her annual increment, provided she is recommended and an increment is available in  
her present pay range, and on the same date her salary shall be adjusted upward to  
comply with the provisions of Articles 34.05 and 34.06.  
34.10 Salary Increments  
The Employer, except as provided for in Article 34.09, may grant an increment for  
meritorious service after an Employee has served for a period of twelve months following  
the first day of the month established in Article 34.08 or twelve (12) months following the  
date of a change in her rate of compensation as established in Articles 34.04, 34.05, or  
34.07.  
34.11 Notice of Withheld Increment  
When an increase provided for in Article 34.10 is withheld, the reason for withholding  
shall be given to the Employee in writing by the Employer.  
34.12 Granting of Withheld Increment  
When an increase provided for in Article 34.10 is withheld, the increase may be granted  
on any subsequent first day of any month after the anniversary date upon which the  
increase was withheld.  
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34.13 Acting Pay  
(a)  
Where an Employee is designated to perform for a temporary period of three (3)  
or more consecutive days, the principal duties of a higher position, she shall  
receive the rate for that classification. Where the classification rate is on an  
increment scale, the Employee shall receive an increase in pay that  
approximates one increment step (based on his/her current scale) increase  
over his/her current increment rate or the maximum for the position;  
whichever is less. payment of acting pay, including the three (3) days,  
equivalent to ten percent (10%) higher than her existing rate of pay, provided that  
in no case shall the rate for that period exceed the maximum rate of the higher-  
paying position.  
(b)  
Acting pay shall not be paid to the Employee where the Employee’s current  
position normally requires periodic substitution in the higher position, as defined  
by the position specification, title, and salary range.  
(c)  
(d)  
Acting pay provisions shall not apply in series classifications of positions.  
Acting pay provisions do not preclude the right of the Employer to assign duties  
of any Employee among remaining Employees of the work unit where temporary  
absences occur.  
(e)  
In the event that an Employee remains in an acting capacity in a position  
excluded from the bargaining unit for a period in excess of eighteen (18) months  
the provisions of Article 32.20(d) shall apply.  
34.14 Shift Premium  
Reserved.  
34.15 Week-end Premium  
127  
Reserved.  
34.16 Post Graduate Training - Three to Six Months  
(a)  
(b)  
Operating Room Technicians who have completed a post graduate training  
course relating to Operating Room Technology of three (3) months but less than  
(6) months and is employed in a capacity utilizing this course shall be paid an  
additional $27.82 per month.  
Anesthesia Technicians who have completed a post graduate training course  
relating to Anesthesia Technology of six (6) months or more and is employed in a  
capacity utilizing this course shall be paid an additional $55.65 per month.  
34.17 In-Charge Pay  
(a)  
During off duty hours of the supervisor, where an Employee is designated as  
being “in-charge”, that Employee shall be paid a premium of sixty seventy cents  
($0.60 $0.70) per hour. The off duty hours are those hours when the supervisor  
is not normally on duty, (e.g., evenings, nights, week-ends, paid holidays.)  
(b)  
Where an Employee is designated as Team Leader or where during the on  
duty hours of the supervisor, where an Employee is designated “in- charge”, that  
Employee shall receive pay equivalent to six (6) per cent higher than her existing  
rate of pay.  
ARTICLE 35 - REASSIGNMENT  
35.01 Circumstances  
In circumstances where there is a staff need in a work area and a surplus of Employees  
in another work area, and where Employees essentially perform the same function as  
128  
Employees in the same classification or position classification title series, and where the  
Employer does not plan to increase the complement of staff, the Employer may, in  
accordance with Article 35.02 or Article 35.03, reassign an Employee(s) within the same  
classification or position classification title series.  
35.02 (i)  
Reassignment  
(a)  
(b)  
The Employer will notify Employees of the need by inviting expressions of  
interest.  
When informing Employees regarding a reassignment, the Employer shall  
indicate the necessary qualifications, skills, competencies and ability,  
reflecting the functions of the job concerned, required to perform the  
duties of the position in question.  
(c)  
Where it is determined by the Employer that:  
(i)  
two or more Employees for such a reassignment are qualified; and  
(ii)  
those Employees are of equal merit, preference in selecting the  
Employee for the reassignment shall be given to the Employee  
with the greatest length of seniority.  
(d)  
(e)  
Where the Employer does not receive any qualified Employees’  
expression of interest in accepting the reassignment, the most junior  
qualified Employee pursuant to (i)(b) in the work area shall be reassigned.  
For the purposes of Articles 32 and 35 of the Collective Agreement, the  
Employer agrees to take all reasonable measures (including consultation  
in accordance with Article 32.01) to mitigate any undue hardship on an  
Employee who is reassigned from. The Employer may only temporarily  
re-assign an Employee within the Reassignment Area. the Eastern  
Shore Memorial Hospital, Hants Community Hospital, Musquodoboit  
129  
Valley Memorial Hospital and Twin Oaks Memorial Hospital to any other  
site or from the Cobequid Multi Service Centre, the Dartmouth General  
Hospital, the Nova Scotia Hospital (including the East Coast Forensic  
Psychiatric Hospital) and the Queen Elizabeth II Health Sciences Centre  
to the Eastern Shore Memorial Hospital, Hants Community Hospital,  
Musquodoboit Valley Memorial Hospital or Twin Oaks Memorial Hospital.  
(f)  
In the event a person is reassigned on short notice to a work area requiring travel  
and she incurs mileage and/or parking expenses, the expenses will be  
reimbursed by the Employer and the Employee shall receive pay for travel  
time.  
(g)  
(ii)  
Unless mutually agreed otherwise between the Employer and the  
Employee, any travel time required as a result of a reassignment shall  
occur during the Employee’s regular work hours.  
Short Notice Reassignment  
In circumstances where the Employer is required to reassign Employees on short  
notice, in accordance with 35.01, the following process with be followed:  
(a)  
(b)  
The Employer will verbally notify those Employees, who are at work on  
the shift in the work area that has a surplus of Employees of the need by  
inviting verbal expressions of interest.  
When verbally informing Employees regarding a short notice  
reassignment, the Employer shall indicate the necessary qualifications,  
skills, competencies and ability, reflecting the functions of the job  
concerned, required to perform the duties of the position in question.  
(c)  
Where it is determined by the Employer that:  
130  
(i)  
two or more Employees for such a short notice reassignment are  
qualified; and  
(ii)  
those Employees are of equal merit, preference in selecting the  
Employee for the short notice reassignment shall be given to the  
Employee with the greatest length of seniority.  
(d)  
(e)  
Where the Employer does not receive any qualified Employees’  
expression of interest in accepting the short notice reassignment, the  
most junior qualified Employee pursuant to (ii)(b) in the work area shall be  
reassigned.  
In the event a person is reassigned on short notice to a work area  
requiring travel and she incurs mileage and/or parking expenses, the  
expenses will be reimbursed by the Employer.  
(e)  
The Employer will regularly reassess the need for a reassignment.  
35.03 Emergencies  
If the circumstances are of an urgent nature or an emergency, the Employer may  
reassign Employees within the same classification or position classification title series,  
pending the completion of the reassignment process as outlined in Article 35.02 (i).  
35.04 Job Postings  
The Employer’s right to fill vacancies in accordance with this provision shall not be used  
to avoid the posting of vacancies in accordance with Article 10. The Employer shall not  
exercise the right to reassign in an unreasonable or arbitrary manner. The Employer  
may post a position in any circumstances in which the Employer deems this warranted.  
35.05 Grievances  
131  
Before a grievance on reassignment is referred to arbitration, the circumstances are to  
be reviewed by the Joint Committee on Technological Change.  
35.06 Notification to the Union  
The Employer will notify the Union of all Employees reassigned pursuant to Article  
35.02.  
35.07 Voluntary Reassignment outside Reassignment Area  
Notwithstanding Article 35.02(i)(e), an Employee may volunteer to accept a  
reassignment outside the Reassignment Area. In that event, the Employer must  
consult with the relevant Union(s) and advise the Employee of the length of time  
of the reassignment and cover those expenses identified in Article 35.02(i)(f) and  
other travel expenses pursuant to the applicable travel policy. Any extension or  
change in the reassignment must be agreed to by the Employee with further  
consultation with the Union(s).  
35.08 Reassignment Area  
For the purposes of the Article, “Reassignment Area” means, for an Employee  
whose worksite is within Halifax Regional Municipality, a driving distance of fifty  
(50) km from the Employee’s worksite, and for all other Employees, a driving  
distance of seventy-five (75) km from the Employee’s worksite.  
ARTICLE 36 – EMPLOYER’S LIABILITY  
36.01 Employer’s Liability  
132  
The Employer, the Union, and the Employees agree to be bound by Appendix X.  
ARTICLE 37 - CASUAL EMPLOYEES  
37.01 Application of the Collective Agreement  
Except as specifically provided herein, the provision of this Agreement shall apply to  
casual Employees as defined in Article 1.01.  
37.02 Exceptions  
The articles not applicable to casual Employees, except as provided in Article 38, are:  
(a)  
(b)  
(c)  
(d)  
(e)  
(f)  
Service (Article 1.02)  
Time off for Union Business (Article 13)  
Appointment (Article 9)  
Hours of Work (Article 14)  
Overtime (Article 15)  
Vacations (Article 17)  
(g)  
(h)  
(i)  
Holidays (Article 18)  
Leaves (Article 19)  
Illness/Injury Benefit Sick Benefits (Article 21)  
Pensions (Article 30)  
(j)  
(k)  
(l)  
Group Insurance (Article 20)  
Long Term Disability (Article 201.026) and all related LTD articles  
Retirement Allowance (Article 29)  
Job Security (Article 32)  
(m)  
(n)  
(o)  
Part-Time Employees (Article 39)  
133  
(p)  
(p)  
Educational Premiums (Article 34.17)  
Prepaid Leave (Article 44)  
37.03 Appointment  
A casual Employee shall be appointed on a non-permanent basis and is not obliged to  
report to work when called subject to Article 38.03 (c).  
37.04 Probationary Period  
(a)  
(b)  
(c)  
(d)  
Notwithstanding Article 37.03, a newly hired casual Employee may be appointed  
to her position on a probationary basis for a period not to exceed 495 hours of  
time actually worked or twelve (12) nine (9) months, whichever is greater.  
The Employer shall, after the Employee has served as a casual on a  
probationary basis for the period indicated in Article 37.04 (a), confirm the  
appointment.  
The Employer shall, after the casual Employee has served in a position on a  
probationary period for the period indicated in Article 37.04 (a), confirm the  
appointment.  
A casual Employee who has completed her probationary period and whose  
employment has been terminated for any reason and who is reappointed as a  
casual within twelve (12) months from the date of termination shall not have to  
complete another probationary period.  
37.05 Termination of Probationary Appointment  
(a)  
The Employer may terminate a probationary casual Employee at any time.  
(b)  
If the employment of a probationary casual Employee is to be terminated  
for reasons other than wilful misconduct or disobedience or neglect of duty, the  
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Employer shall advise the casual Employee of the reason in writing not less than  
ten (10) days prior to the date of termination.  
(c)  
The Employer shall notify the Union when a probationary casual Employee is  
terminated.  
37.06 Assignment of Casual Employees  
Casual Employees shall be offered work in accordance with Article 38.  
37.07 Pay in Lieu of Benefits  
A casual Employee shall receive an additional eleven (11%) per cent of her straight time  
pay in lieu of benefits (e.g., vacation, holidays, etc.) under this Agreement. This shall be  
paid to the Employee with each bi-weekly pay.  
37.08 Overtime  
A casual Employee shall be entitled to overtime compensation at one and one-half (1 ½)  
times her rate of pay when she works in excess of the bi-weekly hours for the  
classification.  
37.09 Holiday Pay  
A casual Employee who works on a designated holiday defined in Article 18.01 shall be  
paid two (2) times her regular rate for all hours worked on Christmas Day, and one and  
one-half (1 ½) times her regular rate for all hours worked on any other designated  
holiday.  
37.10 Overtime on a Holiday  
A casual Employee who works overtime on a designated holiday as defined in Article  
18.01 shall be paid two and one-half (2 ½) times her regular rate for all overtime hours  
worked on Christmas Day and two (2) times her regular rate of pay for all overtime hours  
worked on any other designated holidays.  
135  
37.11 Leaves  
(a)  
A casual Employee filling Relief Assignments shall be entitled to the following  
leaves:  
(i)  
Bereavement Leave (Article 19.02);  
(ii)  
Selection/Promotion Process Leave (Article 19.05);  
(iii)  
Pregnancy Leave (Article 19.06(a) to (m)) but without Pregnancy  
Allowance (Article 19.06(n));  
(iv)  
Leave for Birth of Child (Article 19.10);  
(b)  
To obtain paid leave for any of the above, the Employee must be scheduled to  
work on the day the leave is required. In the case of bereavement leave  
pursuant to Article 19.02(a), the casual Employee shall receive paid leave only  
for those shifts previously scheduled within the said seven (7) calendar days.  
37.12 Rate of Pay upon Appointment  
Subject to Article 37.14, the rate of compensation of a casual Employee shall be the  
minimum rate prescribed for the classification to which she is appointed.  
37.13 Exception to Rate of Pay  
The rate of compensation of a casual Employee may be at a rate higher than the  
minimum rate prescribed for the classification if, in the opinion of the Employer, such  
higher rate is necessary to affect the appointment, or if the casual Employee to be  
appointed has qualifications in excess of the minimum requirements.  
37.14 Pay Increments  
136  
A casual Employee shall be entitled to an increment on the completion of nineteen  
hundred and fifty (1950) hours worked and a further increment upon the completion of  
each period of nineteen hundred and fifty (1950) hours worked thereafter to a maximum  
for the Employee’s classification.  
A newly hired Casual Employee’s date of employment shall be the date first  
worked as a Casual Employee.  
(i)  
Casual Employees who have worked one thousand two hundred and  
fifty (1250) regular hours or more within the following twelve (12)  
calendar month period(s) shall be recognized for an additional year  
of service on the increment scale.  
(ii)  
Casual Employees who have worked less than one thousand two  
hundred and fifty (1250) regular hours within the following twelve  
(12) calendar month period(s) shall be recognized for an additional  
year of service on the increment scale on the day when one  
thousand two hundred and fifty (1250) hours are achieved. This  
revised date shall become the Casual Employee’s current casual  
increment date.  
(iii)  
Casual Employees cannot advance more than one increment level in  
any twelve (12) month period.  
(iv)  
Should a Casual Employee become a Permanent Employee, the new  
date of employment shall be the date of appointment to the  
Permanent position.  
37.15 No Avoidance  
A casual Employee shall not be used for the purpose of avoiding filling permanent  
vacancies.  
37.16 Termination of Employment Relationship  
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A casual Employee who has not been called to report for work, or who has been  
unavailable for work for twelve (12) months, notwithstanding Article 38.03 (c), shall  
cease to be an Employee. A casual Employee who refuses to accept an offered  
shift of three (3) hours or less shall not be deemed to have been unavailable to  
work that shift.  
37.17 Headings  
The headings in this Article are for ease of reference only and shall not be taken into account in  
the construction or interpretation of any provisions to which they refer.  
ARTICLE 38 – LONG ASSIGNMENTS, SHORT ASSIGNMENTS,  
AND RELIEF ASSIGNMENTS  
38.01 Casual Availability List  
The Employer shall maintain a Casual Availability List, which shall list all eligible  
Employees who have indicated a desire to be assigned casual work. Only Employees  
on the recall list, permanent part-time Employees, and casual Employees are eligible to  
be on the Casual Availability List.  
38.02 Employee(s) on Recall List  
Notwithstanding any provision of this Article, all available casual work shall be first  
offered to an Employee who has recall rights provided she possesses the necessary  
qualifications, skills, and abilities, as determined by the Employer, reflecting the  
functions of the job concerned. An Employee on the Recall List may instruct the  
Employer to remove her name from a Work Area Specific Casual List at the time of  
layoff notice or any time during the recall period as specified in Article 32.  
38.03 Work Area Specific Casual Lists  
(a)  
The Casual Availability List shall be broken down into Work Area Specific Casual  
Lists.  
138  
(b)  
Provided an Employee possesses the necessary qualifications, skills, and  
abilities reflecting the functions of the job concerned, as determined by the  
Employer, an Employee as specified in Article 38.01 may have her name placed  
on a Work Area Specific Casual List. Such Employee may also have her name  
placed on other Work Area Specific Casual Lists in accordance with (e) and (f)  
below.  
(c)  
An Employee on a Work Area Specific Casual List is not obliged to accept an  
assignment when offered. However, if an Employee is consistently unavailable  
when called for work on a unit, she shall be struck from that Unit Specific Casual  
List unless the Employee has notified the Employer that she shall be unavailable  
for work for a specific period of time or if the offered shifts that were declined  
were of three (3) hours or less.  
(d)  
(e)  
It is the responsibility of the Employee to keep the Employer informed of any  
changes in her desire to be assigned casual work.  
The assigning order for a Work Area Specific Casual List is:  
(i)  
Employees on the recall list in order of their seniority;  
permanent part-time Employees in order of their seniority; and  
casual Employees in order of their seniority;  
(ii)  
(iii)  
(f) Permanent Part-time Employees  
139  
(i)  
A permanent part-time Employee may place her name on the Work Area  
Specific Casual List of her work area if she wishes to be offered casual  
work. Such Employee must indicate whether she wants to be offered  
short assignments and/or extra shifts and/or relief shift assignments.  
(ii)  
A permanent part-time Employee may request that her name be placed  
on one (1) additional Work Area Specific Casual List. Such a request  
shall be considered by the Employer and the decision will be made based  
on operational requirements.  
(g)  
Casual Employees  
A casual Employee may place her name on any Work Area Specific Casual  
List(s).  
(h)  
The Employer may determine that an Employee on the Work Area Specific  
Casual List no longer possesses the necessary qualifications, skills, and abilities  
as determined by the Employer, reflecting the functions of the job concerned. If  
the Employer determines that the Employee is no longer qualified, the Employee  
shall be struck from that Work Area Specific Casual List, in which case written  
notification shall be given to the Union and the Employee.  
(i)  
In unusual situations, the Employer may request an Employee who is not on a  
particular Work Area Specific Casual List to work in that work area. Such an  
assignment does not result in the Employee being deemed qualified for the unit’s  
list.  
38.04  
Part-Time and Casual Employee’s Extra Shifts  
(i)  
All Part-Time and Casual Employees shall indicate to the Immediate  
Management Supervisor (on the Part-Time Employee Availability Form –  
Appendix __) whether or not the Employee is interested in the assignment  
of shifts, that are known prior to posting (extra shifts) and that are beyond  
her/his designation as a percentage of Full-Time hours.  
140  
(ii)  
A Permanent Part-Time Employee on the Work Area Specific Casual List  
may be assigned extra shifts up to the point of his/her indicated  
willingness to work extra shifts. The Employer shall normally assign extra  
shifts to such Permanent Part-Time Employees as equitably as possible  
per posting on the basis of indicated availability. If extra shifts still exist  
after assignment of the extra shifts to Permanent Part-Time Employees, as  
set out above, the Employer may offer the extra shift(s) to Casual  
Employees.  
(iii)  
Part-Time and Casual Employees are permitted to submit a revised  
Availability Form indicating availability by March 1st (for April to June); by  
June 1st (for July to September); by September 1st (for October to  
December); and by December 1st (for January to March). A revised Part-  
Time Employee Availability Form may be submitted more often where  
mutually agreed with the Employer. Such agreement shall not be  
unreasonably withheld.  
38.05 Long Assignments  
(a)  
A Long Assignment is non-permanent work of a duration greater than nine (9) six  
(6) months and shall be used for the purpose of filling vacancies temporarily  
vacated as a result of long term disability, job-share arrangements, Workers’  
Compensation leave, and approved leaves of greater than nine six (6) months;  
and for staffing special projects.  
(b)  
(c)  
Except in the circumstances outlined in paragraph (c) below, Long Assignments  
shall be posted in accordance with Article 10.  
Where the Long Assignment is being used to temporarily replace an Employee  
on a pregnancy-related absence for a continuous period in excess of nine (9) six  
(6) months, which includes the total pregnancy leave combined with an  
Employee’s parental leave and any other related leave, the assignment may be  
filled in accordance with the procedure in Article 38.05. An Employee on such  
long assignment shall in all other respects be treated as an Employee on Long  
Assignment.  
141  
(d)  
(e)  
(f)  
A permanent Employee who applies for and accepts a Long Assignment shall  
maintain her permanent status for the duration of that Assignment. Benefits shall  
be pro-rated in accordance with the designation of the Assignment.  
A casual Employee who accepts a Long Assignment shall receive fifteen (15)  
days paid vacation leave pro-rated for the designation and the duration of her  
assignment.  
Notwithstanding Article 37.02, a casual Employee who accepts a Long  
Assignment shall only be excluded from the following benefits:  
(i)  
Vacation (Article 17)  
(ii)  
Pregnancy Leave Allowance (Article 19.06(no))  
Adoption Leave Allowance (Article 19.08(ij))  
Prepaid Leave (Article 19.14 and 44)  
Leave of Absence for Political Office (Article 19.15)  
Military Leave (Article 19.16)  
(iii)  
(iv)  
(v)  
(vi)  
(vii)  
Education Leave (Article 19.17)  
(viii) Retirement Allowance (Article 29)  
(ix)  
(x)  
Job Security (Article 32)  
Job Sharing (Article 40)  
(xi)  
Long Term Disability (Article 20.02 and all related LTD articles 21.06)  
(g)  
All benefits enjoyed by a casual Employee in a Long Assignment shall be pro-  
rated, if appropriate, for the designation and duration of the Assignment.  
142  
(h)  
A casual Employee who accepts a Long Assignment shall be entitled to:  
(i)  
Group Insurance (Article 20), Medical Benefits, and at the casual  
Employee’s option, Pension (Article 30), so long as the Employee  
meets the eligibility requirements of the applicable plan, pro-rated for  
the designation of the Long Assignment if the designation of the Long  
Assignment is .4 FTE but less than full time;  
(ii)  
Group Insurance (Article 20), Medical/Dental Benefits, and, at the casual  
Employee’s option, Pension (Article 30) so long as the Employee meets  
the eligibility requirements of the applicable plan, if the designation is  
full time;  
(iii)  
Effective July 1, 1999, Article 38.04 (h)(ii) shall apply to all casuals who  
accept a Long Assignment of .4FTE or greater.  
(i)  
A casual Employee who accepts a Long Assignment will be scheduled in  
accordance with Article 14 of this Agreement.  
(j)  
Overtime shall be granted in accordance with Article 15 or Article 39, whichever  
is applicable to the Assignment.  
(k)  
When the Long Assignment ends, a permanent Employee shall return to her  
former position, or if that position no longer exists, the matter shall be referred to  
the Joint Committee on Technological Change.  
(l)  
When a Long Assignment ends, a casual Employee shall return to the Work Area  
Specific Casual List(s).  
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(m)  
If a Long Assignment or consecutive Long Assignment(s) extends beyond four  
(4) years, a casual Employee in such Assignment(s) shall receive all benefits a  
permanent Employee would receive.  
38.06 Relief Shift Assignments  
(a)  
A Relief Shift Assignment becomes available after a shift schedule has been  
posted and does not exceed one (1) month. A Relief Shift Assignment” shall be  
offered on a rotating basis to Employees on a Work Area Specific Casual List.  
Where operational requirements permit, an Employee may be assigned up to a  
maximum of five (5) consecutive working days shifts.  
(b)  
The assigning order for a Work Area Specific Casual List is:  
(i)  
Employees on the recall list in order of their seniority;  
permanent part-time Employees in order of their seniority; and  
casual Employees in order of their seniority;  
(ii)  
(iii)  
(b)  
(c)  
An Employee offered Relief Shift Assignment is not required to accept the  
Assignment.  
Accepting a Relief Shift Assignment shall not increase the designation of a  
Permanent Part-time Employee.  
38.07 Short Assignments  
144  
(a)  
(b)  
A Short Assignment is non-permanent work of a duration of greater than one  
month but not exceeding nine (9) six (6) months.  
Short Assignments shall be filled from the Work Area Specific Casual List as  
follows:  
(i)  
Employees on the recall list in order of their seniority;  
permanent part-time Employees in order of their seniority;  
casual Employees in order of their seniority.  
(ii)  
(iii)  
(c)  
(d)  
(e)  
If a Short Assignment is not able to be filled in accordance with Article 38.05 (b),  
it shall be posted in accordance with Article 10.  
An Employee offered a Short Assignment is not required to accept the  
Assignment.  
A permanent Employee who accepts a Short Assignment shall maintain her  
permanent status for the duration of that Assignment. Benefits shall be pro-rated  
for the designation of the Assignment, if applicable.  
(f)  
A casual Employee who accepts a Short Assignment shall receive the following  
benefits, prorated, if applicable for the designation of her Assignment:  
(i)  
fifteen (15) days’ unpaid vacation per year;  
Leave for Union Business (Article 13);  
(ii)  
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(iii)  
(iv)  
Leaves (Article 19), excluding Pregnancy Leave Allowance, Adoption  
Leave Allowance, General Leave, Leave of Absence for Political Office,  
Prepaid Leave, Military Leave, Education Leave;  
Sick Leave as applicable under Appendices A-D. For General Leave  
under Appendix A and B, except that leave for personal illnesses or  
injuries shall not be limited to periods of three (3) days or less (Appendix  
A, Article NS19.11, Appendix B, Article PH22.01, PH20.06, PH20.20  
Article 19.11).  
(v)  
Eleven percent (11%) in lieu of benefits.  
(g)  
(h)  
(i)  
A casual Employee who accepts a Short Assignment will be scheduled in  
accordance with Article 14 of this Agreement.  
Overtime shall be granted in accordance with Article 15 or Article 39, whichever  
is applicable to the Assignment.  
When a Short Assignment ends, a permanent Employee shall return to her  
previous position, or if that position no longer exists, the matter shall be referred  
to the Joint Committee on Technological Change.  
(j)  
When the Short Assignment ends, a casual Employee shall return to the Unit  
Specific Casual List(s).  
38.08 Part-time Employees Accepting Assignments of Full-time Hours  
Any part-time Employee whose name is on a Work Area Specific Casual List(s) shall  
have her name removed from the list(s) during the assignment of full-time hours.  
38.09 Cancellation of Relief Shift  
An Employee accepting a Relief Shift Assignment may have that shift assignment  
cancelled with three (3) hours notice if there is no longer a requirement for the Relief  
Shift Assignment. If less than three (3) hours notice is given, In the event less notice  
is given for a cancelled relief shift, the Casual or Part-Time Employee shall be  
146  
provided with work or be paid for the cancelled relief shift. the Employee shall  
receive three (3) hours compensation at her rate of pay.  
38.10 Reporting Pay  
An Employee reporting for work as scheduled and finding no work available will be  
guaranteed four (4) hours pay at her rate of pay.  
38.11 Termination of Assignments  
(a)  
(b)  
The Employer may terminate a Long Assignment, a Short Assignment, or a  
Relief Assignment at any time.  
If a Long Assignment or a Short Assignment is to be discontinued, the Employer  
shall advise the Employee in writing not less than ten (10) days prior to the date  
of discontinuance.  
(c)  
The Employer will notify the Union when a Long Assignment or Short Assignment  
is discontinued.  
38.12 Pay in Lieu of Notice  
Where less notice in writing is given than required in Article 38.11(b), an Employee shall  
continue to receive her pay for the number of days for which the notice was not given.  
38.13 Completion of Assignments  
(a)  
(b)  
Subject to paragraph (b), an Employee who accepts a Long or Short  
Assignment cannot commence another such assignment until the  
Employee’s existing assignment is completed.  
The restriction above in paragraph (a) will not apply in cases where a subsequent  
assignment arises in the same classification and where the Employee would not  
require additional training or orientation to perform the duties of the subsequent  
assignment.  
147  
38.14 Casuals Placed in Assignments  
(a)  
A casual Employee on a full-time Long or Short Assignment shall have her name  
temporarily removed from all Work Area Specific Casual Lists for the duration of the  
Assignment.  
(b)  
A casual Employee on a part-time assignment shall be restricted in accordance  
with Article 38.03 (f)(i) and (ii).  
38.15 Overtime Restrictions  
The Employer is not obliged to offer additional extra or relief shifts to an Employee  
when she becomes eligible for overtime compensation.  
38.16 Headings  
The headings in this Article are for ease of reference only and shall not be taken into  
account in the construction or interpretation of any provision to which they refer.  
ARTICLE 39 - PART-TIME EMPLOYEES  
39.01 Application of Collective Agreement  
Except as specifically provided herein, the provisions of this Agreement shall apply to  
part-time Employees as defined in Article 1.01.  
39.02 Entitlement to Benefits  
Part time Employees will be covered by this Agreement and shall be entitled to benefits  
pro-rated on the basis of hours worked, except as otherwise agreed to by the Parties.  
39.03 Hours Worked  
(a)  
“Hours worked” for a part-time Employee shall mean the Employee’s designated  
hours of work.  
148  
(b) Although not “hours worked” as applicable in this Article, when a part-time Employees  
works an extra shift or relief shift assignment, she shall receive an additional amount over and  
above her current rate of pay in lieu of benefits.  
(i) A Part-time Employee who accrues sick leave credits shall receive an additional  
eleven percent (11%) over and above her current rate of pay in lieu of benefits for an  
extra shift or a relief shift. In addition, she shall accrue sick leave credits for the extra  
shift or relief shift.  
(ii) A Part-time Employee who is covered under General Leave and Short Term Illness  
provisions shall receive eleven percent (11%) over and above her current rate of pay in  
lieu of benefits for an extra shift or a relief shift.  
39.04 Earning Entitlements  
For the purposes of earning entitlement to a benefit (e.g., vacation increment, merit  
increments, pregnancy leave, etc.), calendar time of employment will be applicable.  
39.05 Unpaid Leave  
Unpaid leave, such as pregnancy leave, will not be pro-rated as to the length of time  
granted.  
39.06 Bereavement Leave  
An Employee who has a death in her immediate family shall receive seven (7) calendar  
days leave pursuant to Article 19.02(a), however, the minimum hours of paid leave shall  
be pro-rated as to the Employee’s designation. All other bereavement leaves pursuant to  
Article 19.02 shall not be pro-rated.  
39.07 Service  
For the purpose of accumulating service for part-time employment, part-time Employees  
will not be subject to the negating provisions of Article 1.02(b). Except as otherwise  
provided in the Agreement, part-time Employees will accumulate service and be credited  
with service on a pro-rata basis in accordance with hours worked, including designated  
paid holidays or days off in lieu thereof, vacation, sick leave, injury on duty leave, paid  
leaves of absence. Service of a Part Time Employee shall be in accordance with  
Article 1.02.  
149  
39.08 Overtime  
(a)  
(b)  
(c)  
(d)  
Part-time Employees will be entitled to overtime compensation in accordance  
with this Agreement when they work in excess of the normal full-time bi-weekly  
hours.  
Part-time Employees who are scheduled for a shift of seven (7) or more hours  
will be entitled to overtime compensation for time worked beyond the scheduled  
hours.  
Part-time Employees who are scheduled to work a shorter period than the full-  
time shift will be entitled to overtime compensation after they have worked the  
equivalent of a full shift.  
Where part-time Employees are scheduled to work less than the normal hours  
per bi-weekly period of full-time Employees in the work unit, straight time rates  
will be paid up to and including the normal work hours in the bi-weekly period of  
the full-time Employees and overtime rates will be paid for hours worked in  
excess thereof.  
39.09 Group Insurance  
(a)  
Part-time Employees (.4 FTE or greater) will be covered by a medical plan which  
is equivalent in coverage to the health care plan covering full-time Employees.  
The Employer will pay 65% of the total premium cost for such health care  
coverage. The Employee agrees to pay 35% of her total premium cost.  
(b)  
Part-time Employees (.4 FTE or greater) will be covered by group life insurance  
with benefit entitlement prorated on the basis of hours worked. For example, fifty  
per cent (50%) of the full-time hours in a position with an annual (full-time) salary  
of $30,000 will have her insurance coverage based on $15,000 per annum  
salary.  
150  
(c)  
Part-time Employees are entitled to coverage pursuant to the Long Term  
Disability Plan applicable to full-time Employees covered by this collective  
agreement.  
39.10 Pension  
(a)  
(b)  
Part-time Employees who are presently covered by a pension plan shall continue  
to be covered by the terms of that plan.  
Part-time Employees not presently covered by a pension plan shall be brought  
under the terms of one of the existing plans, as determined by mutual agreement  
of the parties.  
ARTICLE 40 - JOB SHARING  
40.01 Terms and Conditions of Job Sharing  
The terms and conditions governing job sharing arrangements will be as mutually  
agreed to by the Union and the Employer.  
40.02 Part of Collective Agreement  
The terms and conditions of job sharing arrangements agreed to by the parties will form  
part of the Collective Agreement.  
40.03 Rights and Benefits  
Except as otherwise provided herein, Employees participating in job-sharing  
arrangements will be entitled to all rights and benefits provided for in the Collective  
Agreement.  
40.04 Existing Employees Only  
151  
Job sharing will only be permitted when jointly requested by existing Employees and  
those employed in job sharing situations will continue to be members of the bargaining  
unit and be covered by the Agreement.  
40.05 Operational Requirements  
Job-sharing arrangements will only be authorized where operational requirements permit  
and the provision of services is not adversely affected.  
40.06 Qualifications  
Both Employees in a job-sharing arrangement must be permanent Employees, one of  
whom is the incumbent of the position to be job-shared. Both Employees must share the  
same job classification/title and be suitably qualified and capable of carrying out the full-  
time duties and responsibilities of the position to be job-shared.  
40.07 Identification of Job Share  
An Employee wishing to job share her position has the responsibility of finding an eligible  
Employee willing to enter into the job-sharing arrangement. The two Employees  
requesting approval to implement a job-sharing arrangement will submit the appropriate  
application form to the immediate management supervisor of the position to be job  
shared.  
40.08 Period of Job Share  
A position will be shared for a minimum of six (6) months and a maximum period of two  
(2) years. Any extension beyond the two-year (2) maximum term must be mutually  
acceptable to both Employees, the Employer, and the Union. At the end of the job-  
sharing period, the Employees will resume the full-time position they held prior to  
entering into the job-sharing arrangement.  
40.09 Work Schedule Requirements  
Each of the two Employees in a job-sharing arrangement will be required to fulfill one-  
half of the full-time work schedule requirements averaged over a maximum of two (2)  
152  
complete bi-weekly pay periods, except where a request for a greater averaging period  
has the prior approval of both the Employer and the Union.  
40.10 Service  
Employees will be credited with one-half (½) month’s service for each calendar month of  
the job-sharing arrangement and not be subject to the provisions of Article 1.02(b) of the  
Agreement. An Employee’s anniversary and/or service date for the purposes of earning  
a merit increment, increment in vacation entitlement, etc. will remain unchanged as if the  
Employee were working on a full-time basis.  
40.11 Hours of Work  
For the purposes of this Agreement, an Employee’s regular work day or regular work  
week will be the Employee’s scheduled hours of work under the job-sharing  
arrangement. Time worked by an Employee in addition to their scheduled hours of work  
will be compensated in accordance with Articles 39.03 and 39.08.  
40.12 Pro-Rating of Benefits  
The following benefits will be pro-rated in accordance with this Article:  
(a)  
(b)  
(c)  
Holidays - Each Employee will be entitled to one-half (½) the paid holidays  
provided for under Article 18 of the Agreement.  
General Leave - One-half (½) of the entitlement provided for under Appendix A,  
NS19 or Appendix B, PH22, if applicable.  
Short Term Illness - One-half (½) the entitlement provided for in Appendix A,  
NS21 or Appendix B, PH22, if applicable, up to a maximum of the equivalent of  
fifty (50) days at the appropriate full-time salary level.  
(d)  
Long Term Disability - During the job sharing period, Employer and Employee  
contributions to the LTD Fund will continue to be based upon the Employee’s  
normal full-time salary. For the purposes of determining an Employee’s benefits  
153  
during the job-sharing period, the amount of coverage will be based upon the  
normal salary the Employee is entitled to receive during the job-sharing period.  
Upon the expiry date of the job-sharing period, as specified in the Employee’s  
approved application, the amount of coverage will be based upon the normal full-  
time salary the Employee would be entitled to receive in the position she held  
prior to entering the job-sharing arrangement.  
(e)  
(f)  
Other Paid Leaves - One-half (½) the entitlement provided for in this Agreement.  
Group Life Assurance - Cost sharing of premiums and benefit entitlement will  
be based on one-half (½) the Employee’s normal full-time salary.  
(g)  
Monthly Allowances/Premiums - One-half (½) the entitlement provided for in  
the Agreement.  
40.13 Pension  
Pursuant to Article 30 of the Agreement, Employees shall continue to be covered by the  
provisions of the applicable pension plan. During the job-sharing period, an Employee’s  
pensionable service will be in accordance with service credits accumulated pursuant to  
Article 40.10 and her pensionable earnings will be based upon the gross salary received  
for the period of pensionable service earned.  
40.14 Termination of Job Share  
In the event one of the participants vacates the job-shared position (e.g., through  
termination of employment, appointment to another position or being placed on leave  
under the LTD plan), the job-sharing arrangement will terminate and the remaining  
participant will revert to full-time status in the position occupied prior to the job-sharing  
arrangement, except where mutually acceptable alternative arrangements are approved  
by both the Employer and the Union.  
40.15 Notice  
If either participant or the employer wishes to terminate the job-sharing arrangement  
prior to its expiry, a minimum of sixty (60) calendar days’ written notice shall be required.  
154  
40.16 Extension of Job Share  
If the two Employees wish to extend their job sharing arrangement beyond the initial  
period covered by their application or the maximum two-year period provided for in  
Article 40.08, they shall give a minimum of sixty (60) calendar days’ written notice of  
such intent prior to the expiry of the original job sharing arrangement. In no case shall  
the total length of the job share period for Employees who enter job share arrangements  
extend beyond a continuous period of four (4) years.  
40.17 Incumbents  
For any Employee who was in a job sharing arrangement as of May 1, 2001, the  
maximum four (4) year period will be deemed to have started as of May 1, 2001 for  
purposes of the restriction in Article 40.16.  
40.18 Costs  
The parties agree that, except for the cost of benefits provided for under this Article  
and/or the Collective Agreement, there shall be no added cost to the Employer directly  
resulting from any job-sharing arrangement.  
ARTICLE 41 - AMENDMENT  
41.01 This Agreement may be amended by the mutual consent of both parties.  
155  
ARTICLE 42 – PAY PLAN MAINTENANCE  
42.01 Overall Process  
(a)  
The pay plan process outlined in this provision is intended to provide mechanism  
for the ongoing administration of job evaluation issues within this bargaining unit.  
Such issues shall be addressed through the application of the Aiken (Watson  
Wyatt) job evaluation system.  
(b)  
The parties will maintain a Joint Evaluation Committee as a forum to review job  
evaluation issues raised through this process and to facilitate their resolution.  
The Committee shall be comprised of four representatives chosen by each of  
the Employer and the Council (two from NSGEU, one from CUPE and one  
from Unifor). Any resolution of issues by the Committee must be by  
mutual agreement of the Employer and Council. three representatives from  
each of the Employer and the Union.  
(c)  
Unresolved issues under this process may be referred to a Joint Steering  
Committee for binding resolution. The Joint Steering committee shall include up  
to three representatives chosen by each of the Employer and the Council  
(one from NSGEU, one from CUPE and one from Unifor) one representative  
of the Union, one representative of the Employer and a chair to be mutually  
agreed to by the parties.  
42.02 Issues Subject to Review  
The following process shall be applied where a new position has been created or where  
the Employer has initiated a substantial change to an existing position during the term of  
the collective agreement.  
(a)  
Where a new position is created the Employer may provisionally rate the position  
pending a review by the Human Resources Department. If both parties are not in  
agreement with the provisional rate, the matter may be referred for determination  
through the review process.  
156  
(b)  
Where an Employee or either party to this agreement believes that the duties  
and/or responsibilities of a bargaining unit position have substantially changed  
during the term of the collective agreement, they may file a request for review. If  
the parties are unable to agree on a resolution of the matter it may be referred for  
determination through this review process.  
42.03 Review Process  
(a)  
All requests for review shall initially be submitted to the Human Resources  
Department in Capital Health NSHA for determination. Such requests shall  
include job fact sheets and an explanation of how the duties and/or  
responsibilities of the position have changed, including the effective date of the  
change(s). The Union will be provided with copies of any material submitted for  
the review. The Human Resources Department will issue a decision within sixty  
(60) 30 days of receipt of the request for review and all other necessary material.  
(b)  
Where a party disagrees with the decision of the Human Resources Department  
or a decision is not received within sixty (60) days of receipt of the request  
for review the issue may then be referred to the Job Evaluation Committee for  
review and decision. The Job Evaluation Committee shall meet within thirty (30)  
days of the request to consider the matter. If the committee is unable to reach  
complete agreement, a party may refer those specific issues on which agreement  
has not been reached to the Joint Steering Committee for review for a final and  
binding determination. The Joint Steering Committee shall have sixty (60) days in  
which to render a decision. Such issues shall be addressed through the  
application of the Aiken (Watson Wyatt) job evaluation system. When a decision  
on the issues in dispute has been issued it shall then be referred back to the Job  
Evaluation Committee for implementation.  
(c)  
Where issues are referred to the Joint Steering Committee for resolution, the  
Employer and Union representatives shall first meet, before engaging the Chair,  
and attempt to resolve the referred issues between themselves. Any decisions  
reached by agreement at this stage shall be considered a decision of the Joint  
Steering Committee. Only those issues which cannot be resolved by the  
representatives of the parties may be referred on for resolution with the  
participation of the Chair.  
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(d)  
Any new pay rate arising as a result of a review of a newly created position or a  
substantially altered position pursuant to paragraph 8 shall be effective from the  
date the position was created or, in the case of substantially altered positions, the  
first day of the bi-weekly period immediately following the date of receipt by the  
Employer of the Employee’s request for review.  
(e)  
A position may not be the subject of a request for review more than once in any  
one year period.  
ARTICLE 43 - SUCCESSOR RIGHTS  
43.01 Where the Employer sells, leases or transfers or agrees to sell, lease or transfer its  
business or the operations thereof, or any part of either of them, this Agreement  
continues in force and is binding upon the purchaser, lessee, or transferee, subject to  
the Trade Union Act.  
ARTICLE 44 - PREPAID LEAVE PLAN  
44.01 Purpose  
The Prepaid Leave Plan is established to afford Employees the opportunity of taking a  
six (6) month to one (1) year leave of absence and to finance the leave through deferral  
of salary.  
44.02 Terms of Reference  
(a)  
(b)  
It is the intent of the Union and the Employer that the quality and delivery of  
service to the public be maintained.  
A suitable replacement for the Employee on leave will be obtained where  
required, and the incumbents filling any position(s) temporarily vacated as a  
result of such leave will be covered by the Collective Agreement.  
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(c)  
Applications under this Plan will not be unreasonably denied, and any permitted  
discretion allowed under this Plan will not be unreasonably refused.  
44.03 Eligibility  
Any permanent Employee is eligible to participate in the Plan.  
44.04 Application  
(a)  
An Employee must make written application to the Employer at least four (4)  
calendar months in advance, requesting permission to participate in the Plan. A  
shorter period of notice may be accepted by the Employer. Entry date into the  
Plan for deductions must commence at the beginning of a bi-weekly pay period.  
(b)  
44.05 Leave  
(a)  
Written acceptance or denial of the request, with explanation, shall be forwarded  
to the Employee within two (2) calendar months of the written application.  
The period of leave will be for six (6) months to one year except where the leave  
of absence is to be taken by the Employee for the purpose of permitting the full-  
time attendance of the Employee at a designated educational institution, as  
defined by subsection 118.6(1) of the Income Tax Act, R.S.C. 1985, c.1(5th  
Supp), in which case the period of leave will be no less than three (3) months  
and no more than twelve (12) months.  
(b)  
(c)  
On return from leave, the Employee will be assigned to her same position or, if  
such position no longer exists, the Employee will be governed by the appropriate  
provisions of this Agreement.  
After the leave, the Employee is required to return to regular employment with  
the Employer for a period that is not less than the period of the leave.  
44.06 Payment Formula and Leave of Absence  
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The payment of salary, benefits and the timing of the period of leave shall be as follows:  
(a)  
During the deferral period of the Plan, preceding the period of the leave, the  
Employee will be paid a reduced percentage of her salary. The remaining  
percentage of salary will be deferred, and this accumulated amount plus the  
interest earned shall be retained for the Employee by the Employer to finance the  
period of leave.  
(b)  
(c)  
The deferred amounts, when received, are considered to be salary or wages and  
as such are subject to withholding for income taxes, Canada Pension Plan and  
Employment Insurance at that time.  
The calculation of interest under the terms of this Plan shall be done monthly (not  
in advance). The interest paid shall be calculated by averaging the interest rates  
in effect on the last day of each calendar month for: a true savings account, a  
one (1) year term deposit, a three (3) year term deposit and a five (5) year term  
deposit. The rates for each of the accounts identified shall be those quoted by  
the financial institution maintaining the deferred account. Interest shall be based  
upon the average daily balance of the account and credited to the Employee’s  
account on the first day of the following calendar month.  
(d)  
(e)  
A yearly statement of the amount standing in the Employee’s credit will be sent to  
the Employee by the Employer.  
The maximum length of the deferral period will be six (6) years and the maximum  
deferred amount will be 33-1/3% of salary. The maximum length of any contract  
under the Plan will be seven (7) years.  
(f)  
The Employee may arrange for any length of deferral period in accordance with  
the provisions set out under Article 44.06(e).  
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44.07 Benefits  
(a)  
(b)  
(c)  
While the Employee is enrolled in the Plan prior to the period of leave, any  
benefits related to salary level shall be structured according to the salary the  
Employee would have received had she not been enrolled in the Plan.  
An Employee’s benefits will be maintained by the employer during her leave of  
absence; however, the premium costs of all such benefits shall be paid by the  
Employee during the leave.  
While on leave, any benefits related to salary level shall be structured according  
to the salary the Employee would have received in the year prior to taking the  
leave had she not been enrolled in the Plan.  
(d)  
(e)  
(f)  
Pension deductions shall be continued during the period of leave. The period of  
leave shall be a period of pensionable service and service.  
Pension deductions shall be made on the salary the Employee would have  
received had she not entered the Plan or gone on leave.  
Sick leave and vacation credits will not be earned during the period of leave nor  
will sick leave be available during such period.  
44.08 Withdrawal  
(a)  
An Employee may withdraw from the Plan in unusual or extenuating  
circumstances, such as, but not limited to, financial hardship, serious illness or  
disability, family death or serious illness, or termination of employment.  
Withdrawal must be submitted in writing, detailing the reason(s) therefor, as soon  
as possible prior to the commencement of the leave.  
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(b)  
In the event of withdrawal the Employee shall be paid a lump sum adjustment  
equal to any monies deferred plus accrued interest. Repayment shall be made  
as soon as possible within sixty (60) calendar days of withdrawal from the Plan.  
(c)  
An Employee who is laid off during the deferral period will be required to  
withdraw from the Plan.  
(d)  
Should an Employee die while participating in the Plan, any monies accumulated  
plus interest accrued at the time of death shall be paid to the Employee’s estate  
as soon as possible within two (2) bi-weekly pay periods upon notice to the  
Employer.  
44.09 Written Contract  
(a)  
All Employees will be required to sign the approved contract before enrolling in  
the Plan. The contract will set out all other terms of the Plan in accordance with  
the provisions set out herein.  
(b)  
Once entered into, the contract provisions concerning the percentage of salary  
deferred and the period of leave may be amended by mutual agreement between  
the Employee and Employer.  
ARTICLE 45 - TERM OF AGREEMENT  
45.01 Term of Agreement  
This Agreement shall be in effect for a term beginning from November 1, 2014 and  
ending October 31, 2020. After October 31, 2020, this Agreement shall be automatically  
renewed for successive periods of twelve (12) months unless either party requests the  
negotiation of a new agreement by giving written notice to the other party not less than  
thirty (30) calendar days prior to the expiration of this Agreement or any renewal thereof.  
Wages increases and adjustments are retroactive to November 1, 2014. All other  
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Articles of this Agreement, unless otherwise specified, are effective as of upon  
ratification of this Collective Agreement.  
45.02 Eligibility for Retroactive Pay  
All persons who are Employees as of May 18, 2018 are eligible for retroactive pay under  
Article 45.01, including those on approved leave and retirees.  
45.03 Retroactivity  
Members of the bargaining unit who have resigned or retired since October 31, 2014 will  
have thirty (30) days from the date the Agreement is finalized to apply in writing for the  
retroactive wage increase.  
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APPENDIX “A” NSGEU in former Capital District Health Authority (DHA 9)  
(A) NSGEU – Capital District Health Authority  
“NS” has been used to distinguish the original article numbers as applicable to NSGEU for former  
Capital District Health Authority (DHA 9).  
NS19.11 General Leave  
(a) Employees shall be entitled to leave with pay for General Leave. The combined use of General Leave  
shall not exceed fifteen (15) days per fiscal year.  
(b) The immediate management supervisor may require proof of the need for such leave as she  
considers necessary.  
(c) General Leave consists of:  
(i) Personal Illness and Injury An Employee who is unable to perform her duties because of illness or  
injury for a period not exceeding three (3) consecutive working days, may be granted leave with pay up  
to a maximum of fifteen (15) working days per fiscal year.  
(ii) Leave for Family Illness  
In the case of illness of a member of an Employee’s immediate family, meaning spouse, son, daughter,  
father, mother, or person to whom the Employee is legal guardian, when no one at home other than the  
Employee can provide for the needs of the ill person, the Employee may be granted, after notifying her  
immediate management supervisor, leave with pay up to five (5) working days per fiscal year, for the  
purpose of making such arrangements as are necessary to permit the Employee’s return to work. The  
immediate management supervisor may require proof of the need for such leave as she considers  
necessary.  
(iii) Leave for Emergency  
An Employee shall be granted leave of absence with pay up to two (2) working days per fiscal year for a  
critical condition which requires her personal attention resulting from an emergency which cannot be  
served by others or attended to by the Employee at a time when she is normally off duty.  
(iv) Leave for Medical and Dental Appointments  
Employees shall be allowed paid leave of absence up to three (3) working days per fiscal year, in order to  
engage in personal preventative medical and dental care.  
(d) For clarification, the combined use of General Leave shall not exceed fifteen (15) days per fiscal year,  
and within the fifteen (15) days:  
(i) leave for family illness shall not exceed five (5) days per fiscal year;  
(ii) leave for emergency shall not exceed two (2) days per fiscal year;  
(ii) leave for medical and dental appointments shall not exceed three (3) days per fiscal year;  
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(iv) leave for personal illness and injury shall not exceed fifteen (15) days per fiscal year;  
(e) The first three days of any absence taken pursuant to Article NS21, Illness/Injury Benefit, shall be  
counted as three (3) days of General Leave.  
(f) A new Employee who is appointed subsequent to April 1 shall have her maximum leave entitlement  
for the first fiscal year pro-rated in accordance with the number of months of service she will  
accumulate in the fiscal year of appointment.  
(g) Employees who exhaust all or part of their fifteen (15) days’ entitlement in one fiscal year will have it  
reinstated on April 1 of the following fiscal year.  
NS21 - ILLNESS/INJURY BENEFIT  
NS21.01 Short-Term Illness Leave Benefit  
An Employee who is unable to perform her duties because of illness or injury for a period of absence  
exceeding three (3) consecutive working days may be granted leave of absence at seventy-five per cent  
(75%) normal salary for those days in excess of the three (3) consecutive working days for each  
incidence of short-term illness for a maximum of one-hundred (100) days. The first three (3) days of  
such absence shall be deducted from the General Leave provided for in Article NS19.11.  
NS21.02 Joint Rehabilitation Advisory Committee  
Within sixty (60) days of the signing of this Agreement, the parties are to establish a Joint Rehabilitation  
Advisory Committee. This committee will support the Union and the Employer to:  
(a) achieve a safe and timely return to work for Employees absent due to illness/injury;  
(b) develop a continuum of return to work for Employees absent due to illness/injury; and,  
(c) advise on the process of rehabilitation.  
NS21.03 Recurring Disabilities  
(a) An Employee who returns to work after a period of short-term illness leave and within thirty (30)  
consecutive work days again becomes unable to work because of the same illness or injury will be  
considered to be within the original short-term leave period as defined in Article NS21.01.  
(b) An Employee who returns to work after a period of short-term illness leave and after working thirty  
(30) or more consecutive work days, again becomes unable to work because of the same illness or  
injury, will be considered to be in a new illness leave period and entitled to the full benefits of Article  
NS21.01.  
(c) An Employee who returns to work after a period of short-term illness leave and within thirty (30)  
consecutive work days subsequently becomes unable to work because of an illness or injury unrelated  
to the illness or injury that caused the previous absence will be considered to be in a new illness leave  
period and entitled to the full benefits of Article NS21.01.  
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(d) The provisions of Article NS21.03(c) shall not apply to an Employee who has returned to work for a  
trial period. In such a case, the Employee will be considered to be within the original short-term leave  
period as defined in Article NS21.01.  
(e) The Employer may require a trial period for any Employee who returns to work after short term  
illness.  
NS21.04 Benefits Not Paid During Certain Periods General Leave and Short-term illness leave benefits  
will not be paid when an Employee is:  
(a) receiving designated paid holiday pay;  
(b) on suspension without pay;  
(c) on a leave of absence without pay, other than leave of absence for union business pursuant to Article  
13 or in the case of circumstances covered under Article NS21.05.  
NS21.05 Benefits/Layoff  
(a) When an Employee is on short term illness and is deemed eligible for long term disability and is laid  
off, she shall be covered by both short term and long term benefits until termination of illness or  
disability entitlement. When such an Employee has recovered or is capable of returning to work, she  
shall be covered by the provisions of Article 32.  
(b) During the period an Employee is on layoff status, she shall not be entitled to benefits under Article  
NS21 for an illness or disability which commenced after the effective date of layoff. When such an  
Employee is recalled and returns to work, she shall be eligible for participation in all benefits.  
(c) The continuation of benefits payable pursuant to Article NS21.05 shall include any benefits payable in  
accordance with the Long Term Disability Plan.  
NS21.06 Long-Term Disability  
Employees shall be covered for Long Term Disability in accordance with Article 20.02. The agreed upon  
terms and conditions of the Long Term Disability Plan shall be subject to negotiations between the  
parties in accordance with the provisions of the Collective Agreement. Employees covered by either the  
Health Association Nova Scotia NSAHO or the Public Service LTD Plan, will continue to participate in  
those plans unless otherwise mutually agreed between the Union and the Employer. Employees not  
covered by an LTD plan shall be covered by an LTD plan agreed to by the Employer and Union.  
NS21.07 Deemed Salary  
For the purposes of calculating any salary-related benefits, including any salary based contributions  
required by this Agreement, any Employee on illness leave under Article NS21 shall be deemed to be on  
100% salary during such leave, or in accordance with Federal or Provincial Statutes.  
NS21.08 Proof of Illness  
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An Employee may be required by the Employer to produce a certificate from a legally qualified medical  
practitioner for any period of absence for which sick leave is claimed by an Employee and if a certificate  
is not produced after such a request, the time absent from work will be deducted from the Employee’s  
pay. Where the Employer has reason to believe an Employee is misusing sick leave privileges, the  
Employer may issue to the Employee a standing directive that requires the Employee to submit a  
medical certificate for any period of absence for which sick leave is claimed.  
NS21.09 Sick Leave Application  
Application for sick leave for a period of more than three (3) consecutive working days, but not more  
than five (5) consecutive working days, shall be made in such manner as the Employer may from time to  
time prescribe and when the application for sick leave is for a period of more than five (5) consecutive  
working days, it shall be supported by a certificate from a medical practitioner.  
NS21.10 Unearned Credits  
Upon Death When the employment of an Employee who has been granted more sick leave with pay  
than she has earned is terminated by death, the Employee is considered to have earned the amount of  
leave with pay granted to her.  
NS21.11 Sick Leave Records  
An Employee is entitled once each fiscal year to be informed, upon request, of the balance of her sick  
leave with pay credits.  
NS21.12 Employer Approval  
An Employee may be granted sick leave with pay when she is unable to perform her duties because of  
illness or injury provided that she satisfies the Employer of this condition in such manner and at such  
time as may be determined by the Employer, and provided she has the necessary sick leave credits.  
NS21.13 Alcohol, Drug and Gambling Dependency  
Without detracting from the existing rights and obligations of the parties recognized in other provisions  
of this Agreement, the Employer and the Union agree to cooperate in encouraging Employees afflicted  
with alcoholism, drug dependency or gambling dependeancy, to undergo a coordinated program  
directed to the objective of their rehabilitation.  
NS21.14 Confidentiality of Health Information  
(a) An Employee shall not be required to provide her management supervisor specific information  
relative to an illness during a period of absence. However, such information shall be provided to  
Occupational Health Services, if required by the Employer. Occupational Health Services shall only  
release such necessary information to the Employee’s immediate management supervisor, such as the  
duration or expected duration of the illness, the Employee’s fitness to return to work, any limitations  
associated with the Employee’s fitness to work, and whether the illness is bona fide.  
167  
(b) All Employee health information shall be treated as confidential and access to such information shall  
only be given in accordance with this collective agreement or as authorized by law. The Employer shall  
store Employee health information separately and access thereto shall be given only to the persons in  
Occupational Health Services who are directly involved in administering that information or to qualified  
health care professionals retained by Occupational Health Services.  
(c) The Employer shall provide access to health information held in its Occupational Health Department  
relating to an Employee upon a request, in writing, from that Employee. Where an Employee requests  
health information about an issue that has become the subject of a grievance, the Employee shall  
promptly provide the Employer with all health information obtained from the Employer’s Occupational  
Health Department which is arguably relevant to the grievance. All information provided through this  
process shall be treated as confidential by the Employer and shall be used exclusively for the purpose of  
reaching a resolution of the grievance in question or, where applicable, adjudicating issues in dispute  
through the arbitration process.  
NS21.15 Report of Injuries  
An Employee who is injured on duty shall immediately report or cause to have reported any injury  
sustained in the performance of her duties to her immediate supervisor in such manner or on such form  
as the Employer may from time to time prescribe.  
NS21.16 Employee Entitlement  
(a) Except as provided for in Memorandum of Agreement NS1, an Employee whose illness or injury is  
one which is covered by the terms of the Nova Scotia Workers’ Compensation Act is not entitled to  
receive any benefits pursuant to Article NS19.11, General Leave, and/or Article NS21.01, Short-term  
Illness Leave Benefit, for the illness or injury which is covered by the Workers’ Compensation Act.  
(b) Where the Employee has exhausted credits under Article NS21.16 (including Grandfather Sick Leave  
Bank credits) an Employee may receive a Workers’ Compensation Board (WCB) equivalent payment in  
accordance with the following:  
(i) The payment will be an amount approximately equal to the payment that WCB may approve.  
(ii) The Employee agrees that if WCB benefits are approved, such benefits will be reimbursed directly to  
NSHA CDHA.  
(iii) The Employee agrees that if WCB is not approved the Employee will be required to file a claim for STI  
benefits under the provisions of Article NS21.  
(iv) The Employee agrees that any period of STI that may be approved subsequent to the denial of WCB  
benefits will be reconciled against WCB equivalent for that same period.  
(v) The Employee agrees that any period for which an Employee is paid WCB equivalent payment for  
which neither WCB or STI is granted, such payment will be fully recovered from the Employee. A signed  
promissory note indicating the agreement to re-pay these funds will be required prior to receiving the  
WCB equivalent payment.  
168  
(c) WCB equivalent payment will not exceed one hundred days.  
(d) WCB equivalent payment will commence for any pay period for which no pay or WCB benefit is  
received.  
(e) WCB equivalent payment will cease in the event that either STI or WCB is approved, if STI and WCB  
are declined or one hundred days from date of absence, whichever is earliest.  
NS21.17 Recurring Disability  
An Employee who ceases to be an Employee and suffers a recurrence of a disability resulting from an  
injury on the job while in the employ of the Employer will receive benefits in accordance with the  
provisions of the Workers’ Compensation Act.  
NS21.18 Alternate Medical Practitioner For the purpose of this Article,  
(a) the Employer may require that the Employee be examined by an alternate medical practitioner. If  
the Employee is dissatisfied with the alternate medical practitioner selected by the Employer, the  
Employee shall advise the Employer accordingly, in which case the Employer will provide the Employee  
with the names of three (3) practitioners and the Employee will select one (1) of the three.  
(b) Where the Employer refers an Employee to an alternative medical practitioner pursuant to this  
Article, and where medical fees in excess of those covered by Medical Services Insurance are incurred by  
the Employee, the Employer shall pay the cost of these fees.  
NS21.19 Ongoing Therapy  
An Employee who is participating in a scheduled ongoing series of treatments or therapy shall be eligible  
to accumulate time off for such purposes in order that it may be credited under the provisions of Short  
Term Illness Leave. In order to be deemed as ongoing treatment or therapy, the time between  
successive sessions shall not exceed thirty (30) days.  
MEMORANDUM OF AGREEMENT #NS1 Sick Leave Banks*  
1. Pre-existing Sick Leave Banks  
Employees who have credits in their sick leave banks as of the signing date of this Agreement shall be  
entitled to maintain those sick leave banks for use in accordance with this Memorandum of Agreement.  
2. New and Existing Sick Leave Banks  
Effective upon the date of signing of the collective agreement, the Employer will create new sick leave  
banks and/or allow additional amounts to be credited to the existing sick leave banks of Employees in  
accordance with the following: Continuing Accumulation in the Banks During the life of this agreement,  
effective on April 1 in each year, any permanent Employee who has used seven (7) or fewer days of  
General Leave in the preceding twelve month period, as provided for in Article NS19.11, will be credited  
with five (5) days to their sick leave bank. The amounts credited to the banks of permanent Employees  
169  
on job share and permanent part-time Employees will be credited on a pro-rated basis based on their  
status on April 1 in each year.  
3. Use of Credits in Sick Leave Banks  
Employees who have sick leave credits in their banks can utilize them for the following purposes:  
(a) To Cover STI/LTD Gap Employees may use any sick bank credits to cover off any period between the  
end of Short-Term Illness Leave (“STI”) entitlement and the date on which they would normally become  
eligible for LTD. Employees who are not covered by a long term disability plan or who have time in their  
sick leave bank may use their sick leave banks for the period for which they are sick after the one  
hundred (100) days for Short-Term Illness has been used, until their sick bank is exhausted. The  
Employee’s sick bank shall be reduced by one day for each day of entitlement under this section.  
(b) To “Top Up” STI Employees may use these credits to top up Short-Term Illness benefits. For each day  
on which the Employee is in receipt of Short-Term Illness the Employee may use her sick bank to “top  
up” her Short-Term Illness benefit to one hundred per cent (100%) of salary. Twenty-five (25%) percent  
of the day shall be deducted from the sick bank for each twenty-five per cent (25%) “top-up”.  
(c) WCB Earnings Replacement Supplement*  
Employees may use these credits to supplement the earnings replacement benefit paid by the Workers’  
Compensation Board equal to the difference between the earnings replacement benefit received by the  
Employee under the Act and the Employee’s net pre-accident earnings. The percentage amount  
required to achieve the top-up to pre-net accident earnings shall be deducted from the sick bank for  
each day of the supplement.  
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APPENDIX “B” NSGEU, CUPE - PUBLIC HEALTH, ADDICTION SERVICES and CONTINUING CARE in  
Eastern, Western and Northern Zones (former DHAs 1-8)  
“PH” has been used to distinguish the original article numbers as applicable to Public Health,  
Addiction Services and Continuing Care for Eastern, western and Northern Zones (former DHAs 1-8).  
PH22.01 General Illness Leave Benefit  
(a) An Employee who is unable to perform her/his duties because of illness or injury for a period not  
exceeding three (3) consecutive work days may be granted leave with pay up to a maximum of eighteen  
(18) work days per fiscal year.  
(b) The fiscal year for the purpose of general illness leave shall be April 1 to March 31.  
(c) A new Employee who is appointed subsequent to April 1 shall have her/his maximum leave  
entitlement for the first fiscal year pro-rated in accordance with the number of months of service she/he  
will accumulate in the fiscal year of appointment.  
(d) Employees who exhaust all or part of their eighteen (18) work days' entitlement in one fiscal year will  
have it reinstated on April 1 of the following fiscal.  
PH22.02 Short-Term Illness Leave Benefit  
(a) An Employee who is unable to perform her/his duties because of illness or injury for a period of  
absence exceeding three (3) consecutive work days, may be granted leave of absence at full or partial  
pay for each incident of short-term illness in accordance with the following:  
(i) for Employees with less than one (1) year's service, at 100% of normal salary for the first twenty (20)  
days of absence and thereafter at 75% of normal salary for the next eighty (80) days of absence;  
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(ii) for Employees with one (1) or more years of service, at 100% of normal salary for the first forty (40)  
days of absence and thereafter at 75% of normal salary for the next sixty (60) days of absence;  
(iii) Employees with credits from accumulated sick leave bank that was grandparented in 1985 from  
previous employment in the civil service, may top-up each day of benefits granted at 75% of normal  
salary on the basis of one-half (½) day sick leave bank deduction per day of top-up.  
(iv) The first three (3) days shall be deducted from the General Illness bank of eighteen (18) days.  
(b) If an incident of short-term illness continues from one year of employment to the following year of  
employment, the Employee's benefit entitlement for that period of short-term illness leave shall be  
payable in accordance with the provisions of Article PH22.02(a) applicable during the year in which the  
short-term illness commenced.  
PH22.03 Recurring Disabilities  
(a) An Employee who returns to work after a period of short-term illness leave and within thirty (30)  
consecutive work days again becomes unable to work because of the same illness or injury will be  
considered to be within the original short-term leave period as defined in Article PH22.02.  
(b) An Employee who returns to work after a period of short-term illness leave and after working thirty  
(30) or more consecutive work days, again becomes unable to work because of the same illness or  
injury, will be considered to be in a new illness leave period and entitled to the full benefits of Article  
PH22.02.  
(c) An Employee who returns to work after a period of short-term illness leave and within thirty (30)  
consecutive work days subsequently becomes unable to work because of an illness or injury unrelated  
to the illness or injury that caused the previous absence will be considered to be in a new illness leave  
period and entitled to the full benefits of Article PH22.02.  
(d) The provisions of Article PH22.03(c) shall not apply to an Employee who has returned to work for a  
trial period. In such a case, the Employee will be considered to be within the original short-term leave  
period as defined in Article PH22.02. Trial period shall be determined by the Employer in consultation  
with the Union, but in no case shall the trial period exceed three (3) months.  
PH22.04 Benefits Not Paid During Certain Periods  
General illness leave and short-term illness leave benefits will not be paid when an Employee is:  
(a) receiving designated paid holiday pay;  
(b) on suspension without pay;  
(c) on a leave of absence without pay, other than leave of absence for Union business pursuant to  
Article 13 14 of the Agreement or in the case of circumstances covered under Article PH22.05.  
PH22.05 Benefits/Layoff  
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(a) When an Employee is on short term illness and is deemed eligible for long term disability and is laid  
off, she shall be covered by both short term and long term benefits until termination of illness or  
disability entitlement. When such an Employee has recovered or is capable of returning to work, she  
shall be covered by the provisions of Article 32.  
(b) During the period an Employee is on layoff status, she shall not be entitled to benefits under Article  
PH22 for an illness or disability which commenced after the effective date of layoff. When such an  
Employee is recalled and returns to work, she shall be eligible for participation in all benefits.  
(c) The continuation of benefits payable pursuant to Article PH22.05 shall include any benefits payable  
in accordance with the Long Term Disability Plan.  
PH22.06 Long-Term Disability  
So long as the plan allows, Employees shall be covered by the terms of the Nova Scotia Public Service  
Long Term Disability Plan, which forms part of this Agreement. The agreed upon terms and conditions of  
the Long-Term Disability Plan shall be subject to negotiations between the parties to the plan and may  
be amended only by mutual agreement.  
PH22.07 Deemed Salary  
For the purposes of calculating any salary-related benefits, including any salary based contributions  
required by this Agreement, any Employee on illness leave under Article PH22 shall be deemed to be on  
100% salary during such leave, or in accordance with Federal or Provincial Statutes.  
PH22.08 Proof of Illness  
Application for sick leave shall be made in such manner as the Employer may from time to time  
prescribe. An Employee may be required by the Employer to produce a certificate from a legally  
qualified medical practitioner for any period of absence for which sick leave is claimed by an Employee  
and if a certificate is not produced after such a request, the time absent from work will be deducted  
from the Employee's pay. Where the Employer has reason to believe an Employee is misusing sick leave  
privileges, the Employer may issue to the Employee a standing directive that requires the Employee to  
submit a medical certificate for any period of absence for which sick leave is claimed.  
PH22.09 Unearned Credits Upon Death  
When the employment of an Employee who has been granted more sick leave with pay than he has  
earned is terminated by death, the Employee is considered to have earned the amount of leave with pay  
granted to him.  
PH22.10 Sick Leave Records  
An Employee is entitled to be informed upon request of the balance of his sick leave with pay credits.  
PH22.11 Alternate Medical Practitioner  
For the purpose of this Article, the Employer may require that the Employee be examined by an  
alternate medical practitioner.  
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PH22.12 Alcohol, Drug, Nicotine and/or Gambling Addiction  
Without detracting from the existing rights and obligations of the parties recognized in other provisions  
of this Agreement, the Employer and the Union agree to cooperate in encouraging Employees afflicted  
with alcohol, drug, nicotine and/or gambling addiction, to undergo a coordinated program directed to  
the objective of their rehabilitation.  
PH22.13 Ongoing Therapy  
Employees who are participating in a scheduled ongoing series of medically required treatments or  
therapy shall be eligible to accumulate time off for such purposes in order that it may be credited under  
the provisions of Short Term Illness Leave. In order to be deemed as ongoing treatment or therapy, the  
time between successive sessions shall not exceed thirty (30) days.  
PH22.14 Confidentiality of Health Information  
(a) Personal health information of Employees shall be kept confidential.  
(b) The Employer will retain health information separately and access shall be given only to those  
persons responsible for occupational health who are directly involved in administering that information.  
PH36 Compensation for Injury on Duty  
PH36.01 Reporting of Injuries  
An Employee who is injured on duty shall immediately report or cause to have reported an injury  
sustained in the performance of his duties to his immediate supervisor in such manner or on such form  
as the Employer may from time to time prescribe.  
PH36.02 Injury Pay Provisions  
Where an Employee is unable to work as a result of an injury on duty and is being compensated under  
the Workers’ Compensation Act, the Employer shall pay a supplement to the maximum provided under  
the Act (ie. The maximum which can be paid without reducing the amount paid by the Workers’  
Compensation Board).  
PH36.03 WCB and Return to Work  
Where an Employee has returned to work after being absent for injury on duty for which Worker’s  
Compensation Benefits are not payable, and where the absence due to injury on duty was for two days  
or less after the day of the injury, the Employee shall receive an amount equal to regular pay from  
accumulated sick leave credits for the period in which the Employee was unable to work as a result of  
the Employee’s injury on duty.  
PH20.06 Leave for Family Illness  
In the case of illness of a member of an Employee’s immediate family, meaning spouse, son, daughter,  
or parent, for whose needs no one except the Employee can provide, the Employee may be granted,  
after notifying the Employer, leave without loss of regular pay up to a maximum of five (5) days per  
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annum. This leave is for the Employee to provide for the temporary care of the Employee’s immediate  
family and for reasonable time to make alternate care arrangements. The Employer may require proof  
of the need for such leave as he/she considers necessary. Such leave shall not be unreasonably  
withheld.  
PH20.19 Leave for Emergency  
An Employee shall be granted leave of absence with pay up to two (2) days per annum for a critical  
condition which requires his personal attention resulting from 45 an emergency (flood, fire, etc.) which  
cannot be serviced by others or attended to by the Employee at a time when the Employee is normally  
off duty.  
PH20.20 Leave for Personal Preventive Care  
Employees shall be allowed paid leave of absence up to three (3) days per annum, in order to engage in  
personal preventive medical and dental care. Such leave will be debited against sick leave credits.  
APPENDIX “C” CUPE in Eastern, Western and Northern Zones (former DHAs 1-8)  
“CU” has been used to distinguish the original article numbers as applicable to CUPE for Eastern,  
Western and Northern Zones (former DHAs 1-8).  
175  
CU23 Sick Leave  
The provisions of Article CU23 (23.01 - 23.08) are not applicable to a Casual Employee. However, a  
Casual Employee may otherwise be eligible for Worker’s Compensation Benefits outside of the  
provisions of Article CU23.07.  
CU23.01 Sick Leave Defined  
(a)  
Sick leave means the period of time an Employee is absent from work by virtue of being sick or  
disabled, or because of an accident for which compensation is not payable under the Workers’  
Compensation Act and shall be payable from the first day of illness.  
(b)  
Sick leave is an indemnity benefit and not an acquired right. An Employee who is absent from a  
scheduled shift on approved sick leave shall only be entitled to sick pay if not otherwise receiving pay for  
that day, and providing the Employee has sufficient sick leave credits.  
CU23.02 Paid Sick Leave Accrual  
Paid sick leave credits shall accumulate at the rate of 11.25 hours for each one hundred and sixty-two  
and one-half (162.5) regular hours paid. Accrual is effective the first day of employment. Employees  
shall not be eligible for paid sick leave during his/her probationary period but shall be credited with sick  
leave accrued upon the completion of his/her probationary period.  
CU23.03 Total Sick Leave Accumulation  
The unused portion of an Employee’s sick leave accumulation shall be available for future sick leave to a  
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maximum of eleven hundred and twenty-five (1125) hours.  
CU23.04 Sick Leave Deductions  
A deduction shall be made from accumulated sick leave of all normal working hours absent for illness.  
CU23.05  
(a)  
Sick Leave Claims  
An Employee may claim sick leave when unable to attend work due to personal illness or injury provided  
the Employee is able to establish with medical documentation, where required, that the illness or injury  
prevents the Employee from working. The cost of the medical assessment and related forms, as  
specified by the Employer and associated with the required medical documentation shall be borne by  
the Employer. The Employee shall be entitled to paid sick leave where the Employee has sufficient sick  
leave credits.  
(b)  
Confidentiality of Health Information  
(i) An Employee shall not be required to provide her management supervisor specific  
information relative to an illness during a period of absence. However, such information shall be  
provided to Occupational Health Services, if required by the Employer. Occupational Health Services  
shall only release such necessary information to the Employee’s immediate management supervisor,  
such as the duration or expected duration of the illness, the Employee’s fitness to return to work, any  
limitations associated with the Employee’s fitness to work, and whether the illness is bona fide.  
(ii)  
All Employee health information shall be treated as confidential and access to such information  
shall only be given in accordance with this Collective Agreement or as authorized by law. The Employer  
shall store Employee health information separately and access thereto shall be given only to the persons  
in Occupational Health Services who are directly involved in administering that information or to  
qualified health care professionals retained by Occupational Health Services.  
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(iii)  
The Employer shall provide access to health information held in its Occupational Health  
Department relating to an Employee upon a request, in writing, from that Employee. Where an  
Employee requests health information about an issue that has become the subject of a grievance, the  
Employee shall promptly provide the Employer with all health information obtained from the Employer’s  
Occupational Health Department which is arguably relevant to the grievance. All information provided  
through this process shall be treated as confidential by the Employer and shall be used exclusively for  
the purpose of reaching a resolution of the grievance in question or, where applicable, adjudicating  
issues in dispute through the arbitration process.  
(c)  
Sick Leave and Probation  
A newly hired Permanent Employee shall be on probation for a period of four hundred and ninety-five  
(495) regular scheduled hours of work. During the probationary period, there shall be no entitlement to  
paid sick leave. After the first four hundred and ninety-five (495) regular scheduled hours of work an  
accumulation of 34.27 hours sick time will be credited to that Employee. During the probation period  
the Employee will be entitled to all rights and benefits of this Agreement except for the fact that during  
the probationary period the Employer shall have the right to discipline or dismiss any Employee who, in  
the opinion of the Employer, is unsatisfactory. Any such discipline or dismissal shall not be subject to  
grievance or arbitration.  
CU23.06 Sick Leave Statement  
The Employer shall endeavour to provide the Employee with a statement of the Employee’s sick leave  
credits every two (2) weeks with his or her pay advice.  
CU23.07 Workers’ Compensation  
(a)  
An illness or injury for which Workers’ Compensation is payable shall not be deemed to be sick  
leave except for the supplement as provided in Article CU23.07(b)(i).  
A Permanent Full-Time or Part-Time Employee who is unable to attend work for greater than one pay  
period due to workplace illness or injury and who is awaiting approval of a claim for Workers’  
Compensation benefits may have the Employer provide payment equivalent to the benefits she/he  
would earn under the Workers’ Compensation Act providing the Employee is able to establish,  
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satisfactory to the Employer, that the illness or injury prevents the Employee from working and the  
Employee has sufficient sick leave credits.  
In such case, the Employee must provide a written undertaking to the Employer and the required  
notification to the WCB that the initial payment(s) from the WCB is to be provided directly to the  
Employer on behalf of the Employee, up to the level of the payment advanced by the Employer.  
(b)  
Where an Employee is unable to work as a result of an injury on duty, the Employer shall;  
(i) where an Employee is being compensated under the Workers’ Compensation Act, pay an  
Injury on Duty - WCB  
Employer WCB payment supplement to the Employee to the extent of the applicable pre-injury bi-  
weekly pay of the Employee while maximizing the amount payable from the WCB. It is the intent of the  
parties that in no circumstance shall the Employee receive an increase of income while in receipt of  
WCB. When this Employer supplement is being paid, the Employer shall deduct from the Employee’s  
sick leave credits an equivalent number of sick leave hours as were paid in the supplement. When an  
Employee’s sick leave credits are exhausted, the Employee shall be paid only the Workers’  
Compensation Benefits Allowance.  
Accumulation of Vacation Credits  
(ii)  
accumulate vacation credits for the Employee to a maximum of one year’s vacation credits.  
NSHEPP Pension Plan, Group Health and Group Life Benefit Plans  
(iii)  
continue the eligibility of the Employee and the Employer’s cost sharing  
relationship with the Employee so as to allow for the Employee to continue in the NSHEPP Pension Plan,  
Group Health and Group Life Plans. The Employee must agree to pay the usual cost shared amount (ie.  
Group Health 65/35% and Group Life 50/50%) for participation in the Plans. This entitlement shall be  
reviewed by the Employer on a year-to-year basis. In no case shall the Employer be required to cost  
share the benefits for a period longer than eighteen (18) months following the onset of the WCB period.  
This shall not determine the Employee’s eligibility to participate in the Plans.  
WCB and Return to Work  
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(iv)  
Where an Employee has returned to work after being absent for injury on duty for  
which Worker’s Compensation Benefits are not payable, and where the absence due to  
injury on duty was for two (2) days or less after the day of the injury, the Employee shall  
receive an amount equal to regular pay from accumulated sick leave credits for the  
period in which the Employee was unable to work as a result of the Employee’s injury on  
duty.  
CU23.08 Unpaid Leave  
An Employee who has used all her or his sick leave benefits and is still unfit to return to work,  
but intends to return to work, will be granted an unpaid leave of absence. Subject to Article CU26.04,  
continuation of such leave shall be subject to a periodic review by the Employer of the Employee’s  
circumstances and the potential for the Employee to return to work.  
CU24 Leave of Absence  
CU24.17 Sick Leave for Medical/Dental; Family; Emergency  
Employees with sufficient sick leave credits shall be allowed paid leave of absence of up to a total of  
thirty-seven and one-half (37½) hours per annum (pro rated for Part-Time Employees) debited against  
sick leave credits in order to:  
(a)  
engage in and facilitate the Employee’s personal preventative medical or dental care. Employees  
shall advise his/her immediate supervisor when he/she become aware of his/her need for personal  
medical, dental care for a shift the Employee is scheduled to work. Such leave shall not be unreasonably  
denied.  
(b)  
attend to emergencies where:  
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(i)  
the Employee’s own medical or dental health is at an immediate and serious risk;  
(ii)  
a member of the Employee’s immediate family, as defined in Article 19.02 (a) 24.03(b), who has  
become ill or disabled, in order to make alternate care arrangements where the Employee’s personal  
attention is required and which could not be serviced by others or attended to by the Employee outside  
of his/her assigned shifts;  
(iii)  
there is a critical condition (fire, flood, or other natural disaster excluding the conditions of  
Article 19.13 24.22) which requires the Employee’s personal attention which could not be serviced by  
others or attended to by the Employee outside of his/her assigned shifts.  
The Employer may require verification of the condition claimed. This provision is not applicable to a  
Casual Employee.  
(c)  
An Employee will be allowed to use up to 15 of the hours referred to in the preamble of this  
Article to attend to the Medical and Dental Care of their Immediate Family members.  
CU26.04 LTD Program  
(i) Terms and conditions for participation in the LTD Program as well as the payment of benefits shall be  
as determined by the LTD Program.  
(ii) Should an Employee in receipt of Long Term Disability benefits cease to be disabled, upon providing  
reasonable notice of the Employee’s intended date to return to work, the Employee shall have a right to  
return to the Employee’s former or equivalent position with the Employer at not less than the same  
increment level. The Employer reserves the right to require a medical evaluation by a qualified medical  
practitioner in order to assist in determining the Employee’s suitability for reinstatement.  
(iii) Employees in receipt of Long Term Disability benefits shall not be entitled to continue accumulation  
of paid sick leave benefits, paid vacation benefits or paid holiday benefits under this Collective  
Agreement but shall retain any previously accumulated sick leave credits for their use in the event they  
return to work. Such Employees may claim accumulated paid vacation and holiday benefits at any time.  
(iv) Subject to Article CU26.04 (v), during the elimination period or while in receipt of Long Term  
Disability benefits or during the LTD Appeal Process, the Employee may continue to participate in the  
181  
Benefit Plans provided the Employee agrees to pay the Employee share of the benefit premium  
contribution.  
(v) The Employer shall only provide the Employer share of the premium contribution for a period of not  
longer than thirty (30) months following the commencement of the absence.  
(vi) If the Employee remains in receipt of Long Term Disability benefits after the thirty (30) months, the  
Employee may continue to participate in the Benefit Plans, provided the Employee pays 100% of the  
cost of the participation (both the Employer and Employee portion). Continued participation shall be  
subject to the eligibility provisions of the respective Benefit Plans.  
(vii) The Employer and the Union have a continuing duty to accommodate a disabled Employee and are  
obligated to consider employment opportunities that meet the Employee’s capabilities as established  
through sufficient medical evidence.  
182  
183  
APPENDIX “D” Unifor in Eastern Zone (former DHAs 7 & 8)  
“UN” has been used to distinguish the original article numbers as applicable to Unifor for Eastern  
Zone (former DHAs 7 & 8).  
UN11 Sick Leave  
A casual Employee (except a casual Employee while in a temporary short or long assignment position) is  
not entitled to sick leave which means the casual Employee is expressly excluded from provisions  
UN11.01 through UN11.07 (inclusive).  
UN11.01  
(a) Sick leave is an indemnity benefit and not an acquired right. An Employee who is absent from a  
scheduled shift on approved sick leave shall only be entitled to sick leave pay if the Employee is not  
otherwise receiving pay for that day, and providing the Employee has sufficient sick leave credits.  
(b) Employees shall be entitled to accumulate sick leave credits at the rate of eleven and one quarter  
(11.25) hours for each one hundred and sixty-two point-five (162.5) regular hours paid. Employees shall  
not be entitled to paid sick leave during their probationary period. After the probationary period, the  
sick leave accumulated during the probationary period will be credited to the Employee.  
(c) Sick leave shall accumulate to a maximum of eleven hundred and twenty five (1125) hours.  
UN11.02  
(a) When a period of paid sick leave extends into a period of scheduled vacation, those days of vacation  
lost due to illness shall become sick leave, and paid subject to the availability of accrued sick leave  
credits. Vacation days shall be rescheduled at a later date. Employees may be required to provide proof  
of illness.  
(b) If an Employee is hospitalized during a period of scheduled vacation, days of vacation lost while  
hospitalized and convalescing as a result of the hospitalization shall become sick leave and paid subject  
to the availability of accrued sick leave credits. Vacation days shall be rescheduled at a later date.  
Employees may be required to provide proof of illness.  
(c) Sick leave will be paid from the accumulated credits and the Employee will not be permitted to  
substitute other paid leave days in place of sick leave.  
UN11.03  
The total of regular hours paid by the Employer shall be considered in calculating the accrual of sick  
leave credits.  
UN11.04  
Where possible, the Employer shall provide a statement of sick leave credits on the Employee’s bi-  
weekly pay record or upon request of the Employee.  
UN11.05  
184  
Employees may be required to provide proof of illness for any absence due to illness. Where an  
Employee is required by the Employer to submit detailed medical certificates or reports pursuant to a  
required medical examination, the Employer shall be responsible for paying the direct cost of any such  
examinations, medical certification forms or reports.  
UN11.06  
An Employee who reports for work as scheduled and leaves work due to illness shall be paid for actual  
time worked. Where an Employee has sick leave credits, the Employee shall be compensated for the  
remainder of that shift from accrued sick leave credits.  
UN11.07  
(a) Subject to available sick leave credits, Permanent Employees shall be permitted leave of absence  
without loss of regular pay, for up to twenty-two and one-half (22.5) hours in total per fiscal year to  
attend to personal preventative medical and dental appointments. Employees shall endeavour to  
arrange for such appointments during off duty hours.  
(b) When required to be off duty, Employees shall provide their supervisor with as much advance notice  
as is possible.  
(c) The Employer may require proof of the need for leave for any of the above situations. Hours paid for  
such leaves shall be deducted from accumulated sick leave credits.  
UN33 Workers’ Compensation  
Provisions UN33.01 (b) (i)-(iv) are not applicable to a Casual Employee (except a Casual Employee while  
in a Temporary short or long assignment position). However, a Casual Employee may otherwise be  
eligible for Workers’ Compensation Benefits.  
UN33.01 Workers’ Compensation  
(a) An illness or injury for which Workers’ Compensation is payable shall not be deemed to be sick leave  
except for the supplement as provided in Article UN33.01 (b)(i). A Permanent Full-time or Part-time  
Employee who is unable to attend work for greater than one pay period due to workplace illness or  
injury and who is awaiting approval of a claim for Workers Compensation benefits may have the  
Employer provide payment equivalent to the benefits she/he would earn under the Workers  
Compensation Act providing the Employee is able to establish, satisfactory to the Employer, that the  
illness or injury prevents the Employee from working and the Employee has sufficient sick leave credits.  
In such case, the Employee must provide a written undertaking to the Employer and the required  
notification to the WCB that the initial payment(s) from the WCB is to be provided directly to the  
Employer on behalf of the Employee, up to the level of the payment advanced by the Employer.  
(b) Injury on Duty - WCB  
Where an Employee is unable to work as a result of an injury on duty, the Employer shall;  
185  
(i) where an Employee is being compensated under the Workers’ Compensation Act, pay an Employer  
WCB payment supplement to the Employee to the extent of the applicable pre injury biweekly pay of  
the Employee while maximizing the amount payable from the WCB. It is the intent of the parties that in  
no circumstance shall the Employee receive an increase of income while in receipt of WCB. When this  
Employer supplement is being paid, the Employer shall deduct from the Employee’s sick leave credits an  
equivalent number of sick leave hours as were paid in the supplement. When an Employee’s sick leave  
credits are exhausted, the Employee shall be paid only the Workers’ Compensation Benefits Allowance;  
Accumulation of Vacation Credits  
(ii) accumulate vacation credits for the Employee to a maximum of one year’s vacation credits.  
Group Health and Group Life Benefit Plans  
(iii) continue the eligibility of the Employee and the Employers’ cost sharing relationship with the  
Employee so as to allow for the Employee to continue in the Group Health and Group Life Plans. The  
Employee must agree to pay the usual cost shared amount (ie 50/50%) for participation in the Plans.  
This entitlement shall be reviewed by the Employer on a year to year basis. In no case shall the Employer  
be required to cost share the benefits for a period longer than 18 months following the onset of the  
WCB period. This shall not determine the Employee’s eligibility to participate in the Plans.  
WCB and Return to Work  
(iv) Where an Employee has returned to work after being absent for injury on duty for which Worker’s  
Compensation Benefits are not payable, and where the absence due to injury on duty was for two days  
or less after the day of the injury, the Employee shall receive an amount equal to regular pay from  
accumulated sick leave credits for the period in which the Employee was unable to work as a result of  
the Employee’s injury on duty.  
UN14.05  
(a) Permanent full-time Employees shall be permitted leave of absence without loss of regular pay, for  
up to fifteen (15) hours in total per fiscal year to attend to the following situations:  
(i) in the case of an illness of a member of the Employee's immediate family who permanently resides  
with the Employee and when no one at home other than the Employee can provide for the needs of the  
ill person. Immediate family shall be defined as the parent, child or spouse of the Employee.  
(ii) in the case of an emergency which requires the Employee's personal attention resulting from a  
situation which cannot reasonably be served by others or attended to by the Employee at a time when  
the Employee is off duty.  
UN22.03 Employees on Long Term Disability benefits who have sick leave credits and who are subject  
to a maximum accumulation of one hundred, fifty (150) working days shall not be entitled to use such  
credits as top-up but shall retain any excess credits for their use in the event they return to work. Should  
the Employee not return to work with the Employer they shall forfeit all claims to such sick leave.  
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APPENDIX 1  
EXPEDITED ARBITRATION - RULES OF PROCEDURE  
1.  
2.  
A single arbitrator shall be appointed to decide the grievance.  
The following persons shall serve as a panel of single arbitrators:  
Susan Ashley  
Eric Slone  
The above arbitrators shall be contacted in advance and advised of the parties’  
expectations pursuant to these Rules of Procedure. Should any arbitrator not be willing  
to adhere to the requirements of this process their name will be removed from the above  
list and the parties will agree on a substitute in the roster.  
3.  
4.  
The arbitrators shall be appointed on a rotating basis, in the sequence in which  
their names appear on the above list.  
The arbitrator, in consultation with the parties, shall convene a hearing of the  
grievance not later than forty (40) days from being appointed. If the arbitrator is  
not agreeable or available to commence the hearing within this time period, the  
arbitrator whose turn is next in the rotation shall be selected, and so on, until one  
of the arbitrators in the rotation is available.  
5.  
At least ten (10) days prior to the date of the hearing the parties and/or their  
representatives shall meet for the following purposes:  
187  
to exchange copies of any documents that either party intends to rely on in  
the hearing;  
to establish and attempt to agree on the facts relevant to the grievance;  
to exchange copies of any precedents and authorities; and  
to engage in discussions regarding the possible settlement of the  
grievance.  
6.  
7.  
8.  
Should a dispute arise between the parties regarding compliance with the  
obligations outlined in paragraph 5 the issue in dispute may be referred for  
immediate and binding resolution to the arbitrator. This may be done by  
conference call between the arbitrator and the parties.  
At least five (5) days before the scheduled hearing date the parties shall forward  
to the arbitrator the collective agreement, a copy of the grievance, any agreed  
statement of facts and any other documents or materials agreed upon by the  
parties.  
The arbitration hearing shall be an informal and accelerated process. To this end,  
the following procedures shall be in effect:  
The hearing shall be completed within a single day, within the hours of  
8:00am and 6:00pm. At the commencement of the hearing the parties and  
the arbitrator shall attempt to agree upon the allocation of time and if  
agreement cannot be reached the arbitrator shall decide upon such  
allocation.  
The parties shall make every reasonable effort to minimize the use of  
witnesses and to limit representations to issues directly related to the  
substance of the individual grievance. Whenever practicable, the parties  
shall stipulate facts not in dispute rather than establishing such facts  
through the evidence of witnesses.  
188  
Every reasonable effort shall be made to ensure that the grievance is  
addressed on its own merits, within the context of the particular  
circumstances of the individual case.  
The arbitrator shall have the permission of the parties to take an activist  
role and to direct that issues be addressed, or not addressed, in the  
hearing in accordance with his or her determination as to its relevance to  
the outcome.  
9.  
The decision of the arbitrator on the merits of the grievance may be rendered verbally at  
the immediate conclusion of the hearing, or, in any event, within two (2) days following  
the conclusion of the hearing. The arbitrator may remain seized of the grievance to  
determine any issues arising from the implementation of his or her decision.  
10.  
11.  
The arbitrator may provide brief written reasons for the decision, however, these must be  
issued within ten (10) days of rendering the decision.  
The decision of the arbitrator shall be binding on the parties, however, the parties agree  
that decisions issued through this process apply only to the individual grievance decided,  
have no value as precedent and that they shall not be referred to in any other  
proceedings under this collective agreement or otherwise.  
189  
APPENDIX 2 3  
CLASSIFICATIONS AND PAY PLAN  
190  
APPENDIX 3 5  
CUPE LAID-OFF EMPLOYEE AVAILABILITY FORM  
NAME: _____________________________________ DATE: ___________________  
(a)  
(b)  
(c)  
(d)  
Prior to lay off, I was working at ________________________________, site(s).  
Prior to lay off, I was working in___________________________, department(s).  
Prior to lay off, my designation as a percentage of Full-Time hours was______%.  
I am interested in being recalled to a Permanent Position. YES _____ NO ______  
If yes, other than my previous work site(s), I would accept recall to a position at:  
Name sites _____________________________________________________.  
(e) Other than recall to a Permanent Position, I am interested in working additional shifts  
(which may include a Short or Long Assignment, extra shifts, relief shifts and required shifts).  
YES ____ NO _____  
If yes, I may be assigned to work up to my (prior to lay off) designation as a percentage  
of Full-Time hours (and have priority for extra shifts due to lay off status).  
(f)  
I am interested in working beyond my prior to lay off designation as a percentage of Full-  
Time hours).  
YES _____ NO _____  
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If yes, I am interested in working _______% (as a percentage of Full-Time hours) and  
shall be treated as a Part-Time Employee for the purposes of Article 38.  
Once submitted, the Employer is entitled to rely on the Laid-off Employee Availability  
Form until a new form is implemented according to the following process. A Laid-off  
Employee is permitted to submit a revised Laid-off Employee Availability Form indicating  
availability by March 1st (for April to June); by June 1st (for July to September); by  
September 1st (for October to December); and by December 1st (for January to March). A  
revised Laid-off Employee Availability Form may be submitted more often where  
mutually agreed with the Employer. Such agreement shall not be unreasonably withheld.  
________________________________  
Employee  
____________________  
Date  
_______________________________  
____________________  
APPENDIX 13  
PART-TIME EMPLOYEES - AVAILABILITY FORM  
Name: ____________________________ Dept/Program: _________________  
Position: __________________________ Site: _________________________  
Article 17.04 (b) 38.04 requires each Permanent Part-Time Employee to indicate his/her  
availability and willingness to perform extra shifts for the Employer. Please complete the  
following and enter the number of additional hours where applicable.  
192  
A. ______ On average, your scheduled hours are __________ per pay period.  
B. ______ I am willing and available to work _________additional scheduled hours (extra  
shifts) per pay period in my department or work area.  
The extent of my availability for additional shifts (extra shifts) is: ______________  
Total Regular scheduled Hours plus Available Hours ______________.  
C. ____ I am not available to work additional scheduled hours (extra shifts) beyond those  
posted on the regular schedule (Box A and B)  
D.____ After the posted schedule, I am available for relief shifts  
If you are interested in working relief shifts but you have restrictions on your availability,  
please discuss these restrictions with your Manager who will determine whether the  
Employer will accommodate these restrictions.  
I understand my Employer can assign me to work the hours set out in Sections A, B, & D at  
straight time rates except where overtime is required as per Article 17.04 (a). 39.08.  
A Part-Time Employee is permitted to submit a revised Availability Form indicating  
availability by March 1st (for April to June); by June 1st (for July to September); by  
September 1st (for October to December); and by December 1st (for January to March). A  
revised Part-Time Employee Availability Form may be submitted more often where  
mutually agreed with the Employer. Such agreement shall not be unreasonably withheld.  
Changes to availability will not be abused.  
____________________________  
Employee  
________________________  
Date  
193  
____________________________  
Employer  
__________________________  
Date  
APPENDIX X  
LEGAL SUPPORT FOR EMPLOYEES AND INSURANCE  
A.  
Allegations of Negligence  
The Employer shall provide legal support to:  
(a)  
(b)  
All Employees who are witnesses or potential witnesses in any legal action which  
is based on a claim that a patient suffered harm as a result of negligent treatment  
received at the Nova Scotia Health Authority; and  
Employees who are named parties (defendants) in a legal action based on a  
claim that a patient suffered harm as a result of negligent treatment  
received at the Nova Scotia Health Authority, so long as the Employee was  
acting without criminal intent.  
B.  
Other Legal Matters Arising from Employment  
In addition, legal support to Employees may be provided in certain other circumstances  
where the Employee has become involved in a legal matter as a result of his/her  
employment at the District Nova Scotia Health Authority. The decision as to whether to  
provide legal support in such circumstances, and the extent of such support, will be  
determined by the Employer on a case by case basis.  
PROCEDURE  
1.  
All subpoenas and legal notices for Employees of the Nova Scotia Health Authority are  
to be coordinated in accordance with any applicable policies or guidelines in place  
194  
at the time by a person(s) designated for this purpose by the Employer. Process  
servers serving subpoenas and notices should be directed to such person(s).  
2.  
Any Employee who:  
(a)  
(b)  
has been contacted by a lawyer about a negligence claim, or has been  
personally served with a subpoena or an originating notice/action (documents  
commencing a law suit) is required to notify his/her Supervisor/Manager and to  
contact the person designated who will communicate appropriately with the  
Employee/Management and coordinate contact with legal counsel, as he/she  
deems appropriate; or  
has a request for the provision of legal support as outlined in Section B above  
must contact the person(s) designated who will determine whether legal support  
will be provided and the level of such support.  
3.  
4.  
Employees are free to obtain his/her own legal counsel, but will do so at his/her own  
expense.  
The Nova Scotia Health Authority has an insurance policy which insures Employees  
against damages arising from negligence which causes a patient bodily injury,  
sickness/disease or death so long as the Employee was acting within the scope of  
his/her employment.  
5.  
If an Employee is required to pay a monetary amount or judgment to any other party  
because of:  
(a)  
(b)  
a patient suffering injury as the result of an Employee acting beyond the scope of  
his/her employment or with criminal intent; or  
the outcome of a legal matter arising from employment as outlined in Section B  
above;  
this Appendix X shall not constitute an obligation on the part of the Employer to pay such  
monetary amount or judgment on behalf of the Employee, or to reimburse the Employee  
for payment of same, even if legal support was provided to the Employee.  
195  
196  
APPENDIX “XX”: Grandparented Car Allowance for Certain Employees  
The following provisions apply only to those Employees covered by Art. 28.01(d) of the  
Collective Agreement:  
1. The Employer has the right to determine which Employee(s), as a condition of  
employment, is/are required to provide an automobile for the purposes of carrying out  
employment functions.  
2. Prior to the beginning of each fiscal year the Employer shall determine which Employees  
or classes of Employees shall be eligible for a car allowance to opt for either one of the  
two existing methods of payment.  
3. Employees in such classes shall have the option of choosing on the first of each fiscal  
year (April 1) which method of payment they prefer, i.e. straight mileage or monthly  
allowance plus mileage.  
4. An Employee who moves into a classification during the fiscal year, which requires  
provision of an automobile by the Employee, shall have thirty (30) days to opt for his/her  
preferred method of mileage remuneration.  
3. An Employee who moves out of a class of employment during the fiscal year, to a new  
position where provision of an automobile is no longer required, shall revert to straight  
mileage rates on the effective date of the job change if he/she has been in receipt of  
monthly allowance provisions.  
4. The Employer shall take such matters as follows into consideration when determining  
eligibility for monthly allowance:  
a. nature of function performed;  
b. can travel be made more economically without substantial impairment of  
efficiency by other means such as rental vehicle, public transportation, etc.;  
c. does the Employee have control over the demand for transportation;  
d. the normal amounts of kilometres travelled by an incumbent in this position in  
197  
the previous fiscal year;  
e. the incidence of usage.  
5. An Employee will not be reimbursed for or provided with parking when a vehicle is not  
required in the performance of daily duties.  
6. When the use of a vehicle is a condition of employment all reasonable parking costs  
associated with the availability and use of the vehicle directly related to the Employer’s  
business will be paid.  
7. In the event that the Provincial Government rate for a monthly allowance and/or the  
kilometre flat rate increases or decreases, the rate of this agreement will change as well  
on the same effective date as provincial government Employees. The effective date for  
this agreement will be the date on which the new government rate is announced.  
A designated Employee may exercise the option only once per year by notifying the  
Employer in writing during the fiscal year, within 30 days of becoming eligible or for  
continuing Employees not later than April 30 of each year.  
In accordance with the above the option will continue as long as the Employee remains in a  
designated position or the duties and responsibilities of the Employee change sufficiently  
that the alternate mileage compensation would be advantageous.  
8. There will be no reduction in monthly allowance if the Employee is: on vacation; on  
special leave with pay for 30 calendar days or less; on sick leave for 30 calendar days or  
less.  
9. Subject to paragraph 8 above, where an Employee is on special leave without pay, the  
allowance will be reduced in proportion to the number of compensation days in the month  
for which the special leave was granted.  
198  
MEMORANDUM OF AGREEMENT XX  
Incumbency Protection  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
1.  
2.  
Employees who have present incumbency only (“PIO”) salary protection will continue their PIO  
status.  
Such Employees shall progress on the pay range of their classification as adjusted by general  
economic increases so long as they remain in their current position.  
199  
MEMORANDUM OF AGREEMENT #4  
MARKET-BASED ADJUSTMENTS  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
1.  
Where the Employer determines that, due to shortages within the labour market, a recruitment  
and/or retention problem exists with respect to a particular classification or group of  
classifications within the bargaining unit, the following procedure will be utilized:  
(a) the Employer will consult with the Unions regarding the situation and provide the Unions  
with information supporting its conclusion that such a market problem does exist, along  
with its position in relation to the amount and the time period for any proposed  
supplement to the wage level; and  
200  
(b) the Unions will be provided with an opportunity to make representations and provide any  
additional information concerning the situation before any final decision is made by the  
Employer within ten (10) working days of being made aware of the situation.  
2.  
Upon completion of this consultation process the Employer may implement a special market-  
based adjustment in respect of the classification(s) in question. Such adjustments will be paid on a bi-  
weekly basis for a defined period of time.  
3.  
Any market-based adjustment will be pro-rated according to designation for permanent part-  
time positions and for designation and duration for full and part-time long or short assignments  
and/or job shares.  
4.  
The amount of the market-based adjustment will be reviewed annually and may be increased if  
the employer, in its discretion, deems this necessary. The decision of the employer in this regard is not  
subject to review by an arbitrator or any other person.  
5.  
The market-based adjustment will not be considered a part of the Employee’s regular  
(negotiated) pay rate for the Employee’s classification.  
6.  
The market-based adjustment will, however, be treated as regular earnings for purposes of  
pension, union dues, statutory deductions (e.g. employment insurance, Canada pension plan,  
income tax) and other earnings, related group benefits plans such as long term disability and life  
and accidental death and dismemberment insurance and for pregnancy and adoption leave  
allowances.  
7.  
8.  
The market-based adjustment will not be added to the hourly rate when calculating overtime  
rate; rather, overtime rates will be based on the base salary without the market-based  
adjustment.  
The market-based adjustment shall be considered as part of any monies to be reimbursed to the  
Employer Capital District Health Authority by the NSGEU affected Constituent Union in relation  
to any time off for union business.  
201  
9.  
The market-based adjustment shall be used in calculation of any retirement allowance to which  
an Employee becomes entitled while the adjustment is in effect.  
10.  
For casual Employees the market-based adjustment will be paid at the rate of two shifts per  
week. A quarterly review of time actually worked (excluding overtime) will be undertaken and  
any shifts worked beyond those previously remunerated would then have market-based  
adjustment applied to them.  
11.  
For part-time Employees, the market-based adjustment will be paid based on their designation  
and their regularly scheduled shifts. Any extra shifts beyond the part-time FTE designation,  
excluding overtime hours, will be reviewed quarterly and paid on the same basis as the casual  
worker.  
12.  
13.  
The 11% in lieu of benefits that is paid to casuals shall be calculated on the base pay plus  
market-based adjustment.  
The existence of the market-based adjustment does not prevent the unions from negotiating  
increases in compensation and benefits in accordance with the collective agreement. Nor does  
the existence of the market-based adjustment prevent the unions from pursuing classification  
issues during the life of the market-based adjustment.  
14.  
Any Employees currently in receipt of a market-based adjustment at the signing of this  
agreement will continue to operate under the provisions of that arrangement until it is concluded by  
the Employer.  
202  
MEMORANDUM OF AGREEMENT #5  
Occupational Health and Safety Audit Process and Training  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
Information  
The Unions shall, upon request to the Joint Occupational Health and Safety Committee (the  
“Committee”), be provided with a current list of all Team members and their contact information.  
The Unions shall, upon request to any Work Place Safety Team (the “Team”), be provided with the  
following:  
1.  
2.  
3.  
A current copy of the Terms of Reference and Rules of Procedure for each Team;  
A copy of any Minutes from the meetings of each Team;  
Notice of the times of any scheduled meetings of the Team.  
Access to Meetings  
203  
A Union staff person and/or a person designated by the Employer shall be permitted to attend any  
meeting of the Joint Occupational Health and Safety Committee (the “Committee”) or Team, upon  
request and with the agreement of the respective body.  
Review of Process  
The parties agree that the Joint Occupational Health and Safety committee for each QEII site will  
conduct a review of the Work Place Safety Teams to assess whether they are functioning effectively in  
the performance of their terms of reference and sections 30 and 31 of the Occupational Health and  
Safety Act. The review will include but not be restricted to the following:  
1.  
2.  
the relationship of each Team of the Committee and vice versa;  
an assessment of the level of training and awareness of each Team member and how to have  
those needs fulfilled; and  
3.  
an assessment of the current resources and training opportunities to identify areas that need to  
be addressed to ensure each Team member can effectively perform their role.  
This review shall be completed within 12 months with reports to the Committee, the Unions, the Safety  
Department and the Director of the portfolios involved on a quarterly basis. Reports shall include  
recommendation for changes to the system or initiatives to be taken.  
Training  
The Employer shall ensure that each existing or new member of a Team or the Committee receives  
adequate training consisting of at least:  
1.  
2.  
Two days of training, in the first year following the naming of the member of a Team or  
Committee;  
One day of training in each of the subsequent years that the member serves on the Team or  
Committee.  
204  
Signed on behalf of the Unions:  
Signed on behalf of the Employer:  
205  
MEMORANDUM OF AGREEMENT #6  
ARBITRATION PROCESS FOR S.T.I. BENEFIT GRIEVANCE  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
The parties agree to create a new arbitration process for S.T.I. benefit grievances, wherein grievances  
are referred to the Occupational Health Department for review by the Manager of Occupational Health  
or designate. If the matter is not resolved following the review, the matter may be referred to  
expedited arbitration pursuant to Appendix 1. For purposes of expedited arbitration pursuant to this  
article only, the following persons shall serve as arbitrator on a rotating basis:  
(i)  
Bill Kydd,  
(ii)  
Bruce Outhouse.  
In the event neither of these arbitrators is available to hear the matter within a reasonable period of  
time, the parties may agree to an alternate arbitrator.  
Signed on behalf of the Unions:  
Signed on behalf of the Employer:  
206  
MEMORANDUM OF AGREEMENT #7  
ATTENDANCE SUPPORT – EXPEDITED PROCEDURE  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
1. The terms of this procedure will be applied in any case where the employer proposes a change to  
the terms of employment of an Employee through the application of the Attendance Support  
Policy.  
2. A change to the terms of employment of an Employee means:  
(a)  
(b)  
(c)  
(d)  
(e)  
(f)  
a termination of employment  
a change or reduction in work hours  
a change in work location  
a transfer to a different position  
a modification of duties, or  
any other situation specifically agreed upon by both parties.  
3. Where such a change is contemplated the Employer shall, at least 30 days in advance of the  
effective date of the change, notify the Union and the Employee in writing. The notification  
shall specify the nature of the change contemplated and details outlining the basis for the  
Employer’s proposed action.  
4. Upon receipt of the notification the Union shall, within 14 days, provide a written response  
indicating whether it will be challenging the proposed Employer action through the grievance  
207  
process. Where the Union proposes to challenge the action through the grievance process it  
will include in its response a brief summary of the reasons for this.  
5. Upon receipt of the notification from the Union that it intends to challenge the proposed action of  
the Employer the parties shall, with a further period of 14 days, meet to review the case. Where  
requested by either party, the Employee and/or a representative of Occupational Health  
Services shall attend the meeting. As part of that meeting each participant will provide to the  
other with full disclosure of any relevant information in its possession relating to the specific  
issues raised by the case in question. This will include any information regarding factors or  
conditions that have been, or could forseeably be, affecting the Employee’s ability to meet their  
obligations under the Attendance Support Program.  
6. All information provided through this process shall be treated as confidential and shall be used  
exclusively for the purpose of reaching a resolution of the Employee’s case under this process  
or, where applicable, adjudicating issues in dispute through the arbitration process as provided  
for in this Memorandum.  
7. Participants shall provide any written consents required to expedite this process. Where the  
required consents cannot be obtained either party may apply to the arbitrator, with notice to  
the other, for an order of disclosure.  
8. The purpose of the review meeting will be for the parties to have a full and open discussion of the  
issues arising from the case in question and to attempt to reach a resolution on its appropriate  
disposition.  
9. If the parties are unable to reach agreement at this stage the matter shall be referred to arbitration  
in accordance with this process. Where arbitration is requested the Employer shall not initiate  
any of the proposed changes to the terms of employment of the Employee until after the case  
has been dealt with through this arbitration process.  
10. The arbitration of cases arising through this process shall be done on an expedited basis. The parties  
agree to the standing appointment of as sole arbitrator in all cases referred through this  
process. Only in the event that is unable to convene a hearing within the required time frames  
will the parties then attempt to agree upon a substitute. Where the parties are unable to agree  
upon a substitute within a period of 10 working days after learning of unavailability, either may  
make application to the Nova Scotia Department of Labour and Environment for the  
appointment of a substitute.  
208  
11. The arbitrator shall set the case down for hearing within 30 days of the date of the referral to  
arbitration. In any arbitration held pursuant to this Memorandum the procedures outlined in  
paragraphs 7, 8, 9, 10 and 11 of the expedited arbitration process outlined in Appendix 1 of the  
collective agreement shall be followed.  
12. An arbitrator appointed through this process shall be empowered to determine only issues in  
dispute involving the case of the particular Employee in question, including whether any  
changes to the terms and conditions of employment are appropriate or justified in light of the  
Employee’s attendance record and his assessment of the Employee’s ability to meet their  
obligations under the Attendance Support Program.  
13. The parties agree that the Employer’s decision to place an Employee on the Attendance Support  
Program and/or to move the Employee through the steps of the Attendance Support Program  
will not be the subject matter of a grievance until such time as there has been a “change to the  
terms of employment” as defined in Article 2 of this memorandum. Where prior steps have  
been taken under the Attendance Support Program in the case of any individual Employee, the  
Union’s failure to challenge these actions through grievances at the time they were taken shall  
not preclude the arbitrator from reviewing the circumstances surrounding each of these as part  
of his overall assessment of the Employee’s case.  
14. Any award issued through this process shall be binding on the parties and the Employee.  
15. In cases where an arbitrator issues an award that does not involve the termination of the  
employment of the Employee, he shall retain jurisdiction in the case. Either party may at any  
time following the award request that a hearing that a hearing be convened to review the  
Employee’s case. Where such a review has taken place arbitrator shall have the jurisdiction to  
revise the terms of his previous orders.  
Signed on behalf of the Union:  
Signed on behalf of the Employer:  
209  
MEMORANDUM OF AGREEMENT #9  
NURSES TRANSFERRED INTO THE HEALTHCARE BARGAINING UNIT  
BETWEEN:  
AND:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
The following NSGEU and NSNU classifications were transferred into the healthcare bargaining unit  
through the James Dorsey arbitration decision dated February 19, 2015.  
1.  
2.  
3.  
4.  
5.  
Lactation Consultant NSNU (Former District Health Authority Three)  
Challenging Behaviour Resource Consultant NSNU (Former District Health Authority Four)  
Mental Health Triage Clinician NSNU (Former District Health Authority Four)  
Seniors Challenging Behaviours Consultant NSNU (Former District Health Authority Six)  
Colposcopy Program Director NSGEU (Former District Health Authority Nine)  
When the above classifications are filled by a nurse, the Employee If, at the effective date of this  
collective agreement, any of the above-noted classifications are filled by a nurse, she filling the  
classification will remain covered by the following clauses, when applicable, in their respective NSNU  
and NSGEU Nursing transitional collective agreements and any amendments to these transitional  
collective agreement clauses in any subsequent round of bargaining.  
NSNU Members;  
1.  
2.  
3.  
Late Career Nurse Retention Bonus  
Retiree Recruitment Incentive  
All Education Premiums  
210  
4.  
5.  
6.  
7.  
The Canadian Nurse Association Certificate Premium  
Nursing Practice and Nursing Leadership Premiums  
Nurse Identity payment for uniforms  
Long Service 25-year Increment  
NSGEU Members;  
1.  
2.  
3.  
4.  
5.  
Late Career Nurse Retention Bonus  
All Education Premiums  
Special Unit Premiums  
The Canadian Nurse Association Certificate Premium  
Long Service 25-year Increment  
Income protection for Nurses who are unable to perform their duties, because of illness or injury, are  
as contained in their respective NSNU or NSGEU Nursing Transitional Collective Agreements or as  
amended.  
NSNU  
NSGEU  
7.22 (c) – After posting relief shifts  
17.19 – Illness during vacation  
10.08 – Sick Leave Substitution for Annual 18.10 – Illness on a paid holiday  
Vacation.  
10.21 – Holiday and Sick Leave Pay  
19.06 (n) – Leave for illness associated  
with pregnancy  
19.11  
21.01  
21.03 – 21.06  
21.07 – 21.12  
21.16  
13.03 – Pregnancy Sick Leave  
16.02 – Injury on Duty (WCB)  
16.03 – Sick Leave waiting for WCB  
16.04 – WCB and Return to Work  
16.05 – Casual Nurses  
20.00 – Sick Leave Benefits  
20.01 – 20.13 – Sick Leave Pay  
20.15 – 20.17 – LTD  
21.19  
MOA 1  
MOA 8  
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MEMORANDUM OF AGREEMENT #12  
DEVOLUTION OF CONTINUING CARE  
FROM THE DEPARTMENT OF HEALTH TO THE FORMER DISTRICT HEALTH AUTHORITIES  
BETWEEN:  
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NOVA SCOTIA THROUGH THE AGENCY  
OF THE PUBLIC SERVICE COMMISSION  
(hereafter the “Province”)  
and  
THE CAPITAL DISTRICT HEALTH AUTHORITY, A BODY CORPORATE ESTABLISHED UNDER THE  
HEALTH AUTHORITIES ACT S.N.S. 2000, c.6  
(hereafter the “Employer”)  
and  
THE NOVA SCOTIA GOVERNMENT AND GENERAL EMPLOYEES UNION  
(hereafter the “Union”)  
NOVA SCOTIA HEALTH AUTHORITY  
and  
(The Employer)  
212  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
(The Unions)  
Whereas:  
On January 17, 2008, the Government announced its decision to begin the process of  
integrating continuing care services within the District Health Authorities and  
This involves a transition of the Department of Health’s Continuing Care functions and  
Employees to the former District Health Authorities, and  
In respect of the Employees at the Department of Health who are listed on Schedule A hereto  
and who are represented by the Union and who deliver or support the delivery of continuing  
care programs and the Parties hereto have agreed to transfer their employment from the  
Province to the Employer by way of this Agreement.  
Now therefore it is agreed as follows:  
1.  
Definitions  
(a)  
(b)  
Agreement means the Memorandum of Agreement between the Province, the Unions  
and the Employer including any schedule hereto.  
Bargaining Unit means the Bargaining Unit as defined in the Collective Agreements. The  
213  
phrase “and Continuing Care Programs” shall be added to the Bargaining Unit definition  
in the Health care and Nursing Collective Agreements.  
(c)  
Collective Agreements means the Collective Agreements between the Employer and the  
NSGEU Union which apply to the Employer’s Bargaining Units and which are in effect as  
of the Devolution Date.  
(d)  
(e)  
Devolution Date means June 7, 2009, the date upon which the Employees of the  
Province commenced being Employees of the Employer which date to be confirmed.  
Employee(s) means an Employee of the Province who was previously engaged in  
delivering or supporting the delivery of continuing care programs who is listed in  
Schedule “A” hereto and who became an Employee of the Employer on the Devolution  
Date.  
2.  
3.  
Effective Date  
This Agreement became effective on and after the Devolution Date.  
Voluntary Recognition  
(a)  
The Employer recognizes the Unions as the exclusive bargaining agent for all Employees  
of the Employer in the Bargaining Units and the Employer and the Unions agree that this  
Agreement constitutes a voluntary recognition within the meaning of section 30 of the  
Trade Union Act:  
(b)  
The Employer agrees to post, on and after the Devolution Date, a copy of this  
Agreement in a conspicuous place or places where it is most likely to come to the  
attention of Employees and to continue the posting of the Agreement for a minimum  
214  
period of 30 days.  
4.  
Continuity of Employment  
The employment of all Employees listed in Schedule A shall continue without break or  
interruption and, subject to any agreement between the Employer and the Unions, all seniority  
rights of these Employees shall continue unaffected by the change to their employment from  
the Province to the Employer.  
5.  
Rights and Obligations  
(a)  
The Employer and the Unions agree that on and after the Devolution Date the Collective  
Agreements will apply to the Employees subject only to this Agreement and to such  
variation of the Collective Agreements as is agreed to herein or may later be agreed to  
between the Employer and the Unions.  
(b)  
The Employer agrees all accrued rights to pay, overtime pay, sick leave, public service  
awards, holidays, pensions, vacation, time off in lieu of overtime, compensatory time  
off for compensation when such time off is not possible, public service award advances,  
leaves of absence, maternity leave, pregnancy leave, adoption leave, leave for birth of  
child, parental leave or other existing leave arrangements, all rights to return to work  
from any leave, sickness, workers’ compensation or injury on duty, vacation or holidays,  
granted or agreed prior to the effective date of this Memorandum of Agreement are  
preserved unaffected by the change in employment from the Province to the Employer.  
After the Devolution Date such Employees shall accrue such benefits in accordance with  
the Collective Agreements unless otherwise stated herein.  
(c)  
(i)  
Employees in a matching classification presently in the Collective Agreements  
shall be placed on the existing wage scale for that classification at the next  
higher step. If there is no next higher step, the Employee shall be “PIO’d” at his  
215  
or her hourly rate of pay so long as the Employee continues to work in his or her  
present classification.  
(ii)  
Employees in a classification not presently in the Collective Agreements will  
maintain their classification and wage scale in effect as of the Devolution Date.  
(d)  
(e)  
(f)  
An Employee who has earned, by having 288 months of service as of the Devolution  
Date, a greater vacation entitlement than that provided in Collective Agreements shall  
retain that entitlement. Employees will be exempt from Article 17.10 (expiry of vacation  
accumulation) until a new Collective Agreement is in effect.  
The Employees shall be granted sick leave at the rate of 100% of normal salary for the  
first 40 days of an STI claim, until a new collective agreement is in effect. Any  
“grandparented” sick leave banks shall be used by Employees after the Devolution date  
only in accordance with the Collective Agreements.  
The Province and the Unions agree that on and after the Devolution Date the Province,  
in respect of the Employees, shall have no further obligation under The Civil Service  
Master Agreement.  
(g)  
(h)  
Employees who retire with an actuarially-reduced pension will receive the retirement  
allowance pursuant to Article 29 of the Collective Agreement.  
The Province agrees to secure an Order-in-Council, if necessary, to provide that the  
Employees will be able to continue their public service pension as Employees in the  
Bargaining Unit.  
(i)  
If necessary to ensure that the Employees in the Bargaining Unit are covered by the  
Public Service Long-Term Disability Plan, the Employer and the Unions agree to jointly  
request the Trustees of the Plan to include the Employer and the Employees under that  
Plan.  
216  
(j)  
Eligible Employees shall be provided with the following moving/relocation expenses on  
a “present incumbent only basis” so long as they continue to work in their present  
classification:  
“Where the Employer requires an Employee to relocate outside the Employee’s  
geographic location, the Employer will reimburse the Employee’s actual and  
reasonable relocation expenses to a maximum amount of $7,500.00.”  
(k)  
The Employees who have been designated by the Employer as belonging to a class of  
employment where the availability of a motor vehicle is deemed to be a condition of  
employment may opt to receive a monthly car allowance of $314.88, plus 23.23 cents  
per kilometer adjusted annually on April 1st based on the average year-over-year  
percentage change in the Nova Scotia Private Transportation Index for the calendar year  
preceding the April 1 effective change date, as calculated by Statistics Canada on a  
“present incumbent only” basis so long as they continue to work in their present  
classification, until a new Collective Agreement takes effect. Once a new Collective  
Agreement takes effect, the Employees will be subject to the same provisions in relation  
to monthly vehicle allowance as other Employees of the Employer who, on a  
grandfathered basis, presently have this allowance.  
(l)  
Continuing Care Coordinators who, at the date of Devolution are paid an educational  
premium, shall have that educational premium continued so long as they continue to  
work in that classification.  
(m)  
The Employer and the Unions agree that this Agreement shall be incorporated into and  
become part of the Collective Agreements.  
217  
6.  
Existing Grievances, etc.  
(a)  
All grievances, classification appeals, adjudications, interest arbitrations and judicial  
review proceedings which arose before the Devolution Date shall continue unaffected  
by the change in employment for the Province to the employer with such modification  
to process as may be required by the Collective Agreements, and with the Employer  
continuing as the Employer in the place and stead of the Province.  
(b)  
All classification disputes which have been referred to a Classification Appeal Tribunal  
under the Civil Service Master Agreement before the Devolution Date, but which have  
not begun, shall proceed to the Appeal Tribunal (unless earlier resolved between the  
Union NSGEU and the Employer) and the Employer shall continue as the Employer  
before the Tribunal in the place and stead of the Province.  
7.  
Recognition of Employee Service and Seniority  
(a)  
Subject to any agreement between the Unions and the Employer, all periods of service  
for an Employee in the Civil Service and periods of employment recognized as service by  
the Province before the Devolution Date shall be deemed service with the Employer for  
all purposes and all seniority rights of Employees shall be preserved and shall continue  
unaffected by the change in employment from the Province to the Employer.  
(b)  
(c)  
Seniority of Employees as of the Devolution Date is defined as the length of continuous  
employment dating from the last date of appointment to the Civil Service.  
As of the Devolution Date/ an Employee who is a “Term” Employee under the Civil  
Service Master Agreement shall be considered as “Casual” Employee under the  
Collective Agreements/ except that such casual Employees who reach three or more  
years of accumulated service shall have layoff/recall rights as provided in Article 32 of  
the Collective Agreement.  
218  
8. Work Schedules. Vacation Schedules and Shift Arrangements  
Until changed in accordance with the Collective Agreements all hours of work/ vacation  
schedules/ and shift arrangements of the Employees in effect immediately before the  
Devolution Date shall continue unaffected by the change in employment from the Province of  
the Employer. Modified Work Weeks shall continue after the Devolution Date subject to the  
terms of the Collective Agreements.  
9. Re-signing of Memorandum  
All parties hereto agree to re-sign the Agreement on the Devolution Date.  
219  
MEMORANDUM OF AGREEMENT #15  
TRANSPORT TRIPS FOR CUPE MEMBERS  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
This MOA affects CUPE members at the former South Shore, South West, and Annapolis District  
Health Authorities.  
WHEREAS the Parties have met to consider matters relating to transport trips for Employees at the  
former South Shore, South West, and Annapolis District Health Authorities:  
NOW THEREFORE, the Parties have agreed that when an Employee is assigned to accompany a patient  
on a transport trip, all time until return shall be considered time worked and the following provisions  
shall apply for Employees at the former South Shore, South West, and Annapolis District Health  
Authorities:  
1.  
Where the Employee performs such duties during his/her regular shift, the Employee shall be  
paid the Employee’s regular rate of pay;  
220  
2.  
3.  
Where the Employee performs such duties outside his/her regular shift or on a day off, the  
Employee shall be paid the applicable overtime rate;  
Where a transport trip requires the Employee to work beyond his/her regular shift, the  
Employer will not require an Employee to return to regular duties without eight (8) continuous  
hours of time off. Where such time off extends into the Employee’s next regularly scheduled  
shift, the Employee will maintain regular earnings for the next full shift providing the Employee  
returns to work at the conclusion of such eight (8) hours;  
4.  
5.  
The Employee shall be reimbursed for all reasonable out of pocket expenses including but not  
limited to the costs of food and lodging and return transportation;  
In the event the transport does not return directly to the originating facility, the Employee will  
be provided with adequate return transportation, the cost of which is to be paid by the  
Employer;  
6.  
In the event the transport is redirected to transport another patient or to another facility, the  
Employee originally assigned has no obligation or responsibility to provide services unless  
subsequently assigned by the Employee’s Employer. If not so assigned, the Employee will be  
returned to the originating facility in accordance with (d) and (e) above.  
221  
MEMORANDUM OF AGREEMENT #13  
PROFESSIONAL PRACTICE STIPEND: MENTAL HEALTH  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
The following MOA applies to NSGEU members employed in the Central Zone of the Nova Scotia  
Health Authority.  
An Employee may be appointed by the Employer to act as a Professional Practice Leader within a  
specific professional discipline for a defined period. Appointments are made through an expression of  
interest process.  
To be eligible for a Professional Practice Stipend a minimum of 20% of the Employee’s normal duties  
must be comprised of leadership responsibilities. Eligible Employees will receive a stipend in accordance  
with the following:  
1.  
2.  
Category 1 Stipend - $1500/yr. (2-20 Employees within the professional discipline.)  
Category 2 Stipend - $3000/yr. (20 or more Employees within the professional discipline.)  
222  
Note 1: Stipends are pro-rated according to designation.  
Note 2: Stipends are excluded from OT calculation.  
Signed on behalf of the Unions:  
Signed on behalf of the Employer:  
223  
MEMORANDUM OF AGREEMENT #29  
PERMANENT RESOURCE EMPLOYEE  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
This memorandum is intended to apply only to CUPE 8920 Members Employees working as LPNs, or  
those working in positions for whom the Employer has required certification as a CCA, and specifically  
appointed to a position designated by the Employer and posted as Permanent Resource Employee. This  
provision is not intended to apply to situations where an Employee is reassigned to work in different  
work areas or works additional, extra or relief shifts.  
For the purposes of this Memorandum of Agreement, a “Permanent Resource Employee” means an  
Employee specifically designated, identified and appointed by the Employer as a Permanent Resource  
Employee to be used for the purpose of meeting unpredictable operational requirements on various  
units. It is recognized that, while a Permanent Resource Employee may have scheduled shifts, she/he  
may not know the specific unit on which she/he will be assigned until the start of the shift.  
224  
An Employee appointed by the Employer to a position as a Permanent Resource Employee shall be  
compensated with a premium in addition to the Employee’s regular hourly rate and in addition to other  
applicable premiums (eg. education, shift).  
The number of Permanent Resource Employee positions shall be as determined by the Employer, but in  
no case shall exceed a total of ten percent (10%) of the classification. This number may be increased by  
mutual agreement of the Employer and the Union representatives.  
The hourly rate of pay shall be based on the regular Employee rate as set out in Appendix ‘A’ and the  
applicable (one only) supplement shall be paid as follows:  
1.  
2.  
3.  
4.  
During the first six (6) months worked in the position – an additional $0.50 per hour to the  
regular Employee rate;  
Between six (6) months worked and twelve (12) months worked in the position – an additional  
$0.75 per hour to the regular Employee rate;  
Between twelve (12) months worked and twenty-four (24) months worked in the position –  
an additional $1.00 per hour to the regular Employee rate;  
After twenty-four (24) months worked in the position – an additional $1.25 per hour to the  
regular Employee rate.  
This provision will be effective upon date of Ratification and will currently only apply to the float teams  
in the former DHA #1 for the LPNs at South Shore, in DHA #6 for the CCAs and in the formerDHA #7 in  
Antigonish for the Team Aides.  
Where vacancies are not posted under Article 15 10, opportunities to be a Permanent Resource  
Employee will be offered on the basis of seniority.  
225  
MEMORANDUM OF AGREEMENT #33  
RE: Devolution of Continuing Care From the Department of Health to the District Health Authorities –  
June 5, 2009  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
(The Unions)  
This MOA applies to NSGEU Public Health Addictions and Continuing Care Employees in the Eastern,  
Western and Northern Zones.  
Whereas Continuing Care Employees devolved from the Department of Health to the former District  
Health Authorities (DHAs 1 through 8) effective June 5, 2009.  
And Whereas each former District Health Authority (DHA 1 through 8) has its own Memorandum of  
Agreement with respect to the Devolution.  
And Whereas the parties to each Memorandum of Agreement are now the Province of Nova Scotia, the  
Nova Scotia Health Authority respective District Health Authority and the NSGEU.  
226  
And Whereas the content of the Memorandum of Agreement for all former District Health Authorities  
(DHA 1 through 8) is identical.  
And Whereas the text of the Memorandum of Agreement is reproduced in this collective agreement for  
historical reference only and does not form part of the collective agreement.  
And Whereas the text of the Memorandum of Agreement is attached hereto.  
227  
MEMORANDUM OF AGREEMENT  
RE:  
DEVOLUTION OF CONTINUING CARE FROM THE DEPARTMENT OF HEALTH TO THE  
FORMER DISTRICT HEALTH AUTHORITIES  
Between:  
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NOVA SCOTIA THROUGH THE  
AGENCY OF THE PUBLIC SERVICE COMMISSION  
(hereafter the “Province”)  
and  
THE, EMPLOYER (DISTRICT HEALTH AUTHORITY), A BODY CORPORATE ESTABLISHED UNDER  
THE HEALTH AUTHORITIES ACT S.N.S. 2000, C.6  
(hereafter the “Employer”)  
and  
THE NOVA SCOTIA GOVERNMENT AND GENERAL EMPLOYEES UNION  
(hereafter the “Union”)  
Whereas:  
On January 17, 2008, the Government announced its decision to begin the process of integrating  
continuing care services within the District Health Authorities and  
228  
This involves a transition of the Department of Health’s Continuing Care functions and  
Employees to the former District Health Authorities, and  
In respect of the Employees of the Department of Health who are listed on Schedule A hereto  
and who are represented by the Union and who deliver or support the delivery of continuing  
care programs and the Parties hereto have agreed to transfer their employment from the  
Province to the Employer by way of this Agreement.  
Now therefore it is agreed as follows:  
1.  
Definitions  
a) Agreement means the Memorandum of Agreement between the Province, the Union and  
the Employer including any schedule hereto.  
b) Bargaining Unit means the Bargaining Unit as defined in the Collective Agreement which  
unit is commonly referred to as the “fifth unit”, amended as follows:  
Bargaining Unit means all regular and temporary full-time and part-time Employees, and  
casual Employees as provided by this agreement engaged in providing addiction / drug  
dependency and public health programs and who deliver or support the delivery of  
continuing care programs, but excluding those persons represented by other bargaining  
agents, those persons included in a bargaining unit of Employees of the Employer engaged  
in providing services other than addiction / drug dependency and public health programs or  
the delivery or support of the delivery of continuing care programs and those persons  
excluded by paragraphs (a) and (b) of subsection (2) of Section 2 of the Trade Union Act.  
c) Collective Agreement means the Collective Agreement between the Employer and the  
Union which applies to the Bargaining Unit and which is in effect as of the Devolution  
Date.  
d) Devolution Date means the date upon which the Employees of the Province commence  
being Employees of the Employer which date will be confirmed by the resigning of this  
Agreement by the Province, the Employer and the Union.  
229  
e) Employee(s) means an Employee of the Province engaged in delivering or supporting the  
delivery of continuing care programs who is listed in Schedule “A” hereto and who  
becomes an Employee of the Employer on the Devolution Date.  
2.  
3.  
Effective Date  
This Agreement shall have effect on and after the Devolution Date.  
Voluntary Recognition  
a) The Employer recognizes the Union as the exclusive bargaining agent for all of the  
Employees of the Employer in the Bargaining Unit and the Employer and the Union agree  
that this Agreement constitutes a voluntary recognition within the meaning of section 30 of  
the Trade Union Act;  
b) The Employer agrees to post, on and after the Devolution Date, a copy of this Agreement in  
a conspicuous place or places where it is most likely to come to the attention of Employees  
and to continue the posting of the Agreement for a minimum period of 30 days.  
4.  
5.  
Continuity of Employment  
The employment of all Employees listed in Schedule A shall continue without break or  
interruption and, subject to any agreement between the Employer and the Union, all seniority  
rights of these Employees shall continue unaffected by the change in their employment from  
the Province to the Employer.  
Rights and Obligations  
a) The Employer and the Union agree that on and after the Devolution Date the Collective  
Agreement will apply to the Employees subject only to this Agreement and to such variation  
of the Collective Agreement as is agreed to herein or may later be agreed to between the  
Employer and the Union.  
b) The Employer agrees all accrued rights to pay, overtime pay, sick leave, public service  
awards, holidays, pensions, vacation, time off in lieu of overtime, compensatory time off for  
compensation when such time off is not possible, public service award advances, leaves of  
absence, maternity leave, pregnancy leave, adoption leave, leave for birth of child, parental  
leave or other existing leave arrangements, all rights to return to work from any leave,  
sickness, workers’ compensation or injury on duty, vacation or holidays, granted or agreed  
prior to the effective date of this Memorandum of Agreement are preserved unaffected by  
the change in employment from the Province to the Employer. After the Devolution Date  
such Employees shall accrue such rights in accordance with the Collective Agreement unless  
otherwise stated herein.  
230  
c) (i) Employees in a matching classification presently in the Collective Agreement shall be  
placed on the existing wage scale of that classification at the next higher step. If there is  
no next higher step, the Employee shall be “PIO’d” at his or her hourly rate of pay so long  
as the Employee continues to work in his or her present classification.  
(ii) Employees in a classification not presently in the Collective Agreement, other than Staff  
Nurses, will maintain their classification and wage scale in effect as of the Devolution  
Date.  
(iii) Employees in the Staff Nurse classification shall be paid according to the wage scale  
attached as Appendix “B”.  
d) An Employee who has earned, by having 288 months of service as of the Devolution Date, a  
greater vacation entitlement than that provided in the Collective Agreement shall retain  
that entitlement. Employees will be exempt from Article 18.09 (expiry of vacation  
accumulation) until a new Collective Agreement is in effect.  
e) Education Premiums in Article 35.17 of the Collective Agreement shall apply to those  
Employees who are Staff Nurses, and on a “present incumbent only” basis to Continuing  
Care Coordinators who are Registered Nurses and presently paid the educational premiums  
available to Staff Nurses, so long as they continue to work in their present classification.  
f) Any “grandfathered” sick leave banks shall be used by the Employees after the Devolution  
Date only in accordance with the Collective Agreement.  
g) The Province and the Union agree that on and after the Devolution Date the Province, in  
respect of the Employees, shall have no further obligation under The Civil Service Master  
Agreement.  
h) Employees who retire with an actuarially-reduced pension will receive the retirement  
allowance pursuant to Article 31 of the Collective Agreement.  
i) The Province agrees to secure an Order-in-Council, if necessary, to provide that the  
Employees will be able to continue their public service pension as Employees in the  
Bargaining Unit.  
231  
j) If necessary to ensure that the Employees in the Bargaining Unit are covered by the Public  
Service Long-Term Disability Plan, the Employer and the Union agree to jointly request the  
Trustees of the Plan to include the Employer and the Employees under that Plan.  
k) The Employer and the Union agree that this Agreement shall be incorporated into and  
become part of the Collective Agreement.  
6.  
Existing Grievances etc.  
a) All grievances, classification appeals, adjudications, interest arbitrations and judicial review  
proceedings which arose before the Devolution Date shall continue unaffected by the  
change in employment from the Province to the Employer with such modification to process  
as may be required by the Collective Agreement, and with the Employer continuing as the  
Employer in the place and stead of the Province.  
b) All classification disputes which have been referred to a Classification Appeal Tribunal under  
the Civil Service Master Agreement before the Devolution Date, but which have not begun  
shall proceed to the Appeal Tribunal (unless earlier resolved between the Union and the  
Employer) and the Employer shall continue as the Employer before the Tribunal in the place  
and stead of the Province.  
7.  
Recognition of Employee Service and Seniority  
a) Subject to any agreement between the Union and the Employer, all periods of service of an  
Employee in the Civil Service and periods of employment recognized as service by the  
Province before the Devolution Date shall be deemed service with the Employer for all  
purposes and all seniority rights of Employees shall be preserved and shall continue  
unaffected by the change in employment from the Province to the Employer.  
b) Seniority of Employees as of the Devolution Date is defined as the length of continuous  
employment dating from the last date of appointment to the Civil Service.  
c)  
The Employees will be placed on the merged Public Health and Addictions Services  
seniority list for the Employer.  
d)  
As of the Devolution Date, an Employee who is a “Term” Employee under the Civil  
Service Master Agreement shall be considered a “Temporary Employee” under the  
Collective Agreement, except that such Temporary Employees who reach three or more  
years of accumulated service shall have layoff/recall rights as provided in Article 34 of  
the Collective Agreement.  
232  
8.  
Work Schedules, Vacation Schedules and Shift Arrangements  
a)  
Until changed in accordance with the Collective Agreement all hours of work, work  
schedules, vacation schedules, and shift arrangements of the Employees in effect  
immediately before the Devolution Date shall continue unaffected by the change in  
employment from the Province to the Employer.  
b)  
The Employees shall be included in Group A for the purpose of Article 16 of the  
Collective Agreement.  
9.  
Re-Signing of Memorandum  
All parties hereto agree to re-sign the Agreement on the Devolution Date.  
233  
MEMORANDUM OF AGREEMENT #34  
RE: DEVOLUTION OF CONTINUING CARE FROM THE DEPARTMENT OF HEALTH TO THE FORMER  
DISTRICT HEALTH AUTHORITIES – SEPTEMBER 26, 2011  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
This MOA applies to NSGEU Public Health Addictions and Continuing Care Employees in the Eastern,  
Western and Northern Zones.  
Whereas Continuing Care Employees devolved from the Department of Health to the former District  
Health Authorities (DHAs 3, 4, 7 & 8) effective September 26, 2011.  
And Whereas former District Health Authorities 3, 4, 7, & 8 has its own Memorandum of Agreement  
with respect to Devolution.  
234  
And Whereas the parties to each Memorandum of Agreement are now the Province of Nova Scotia, the  
respective District Nova Scotia Health Authority and the NSGEU.  
And Whereas the content of the Memorandum of Agreement for the former District Health Authorities  
3, 4, 7, & 8 is identical.  
And Whereas the text of the Memorandum of Agreement is reproduced in this collective agreement for  
historical reference only and does not form part of the collective agreement.  
And Whereas the text of the Memorandum of Agreement is attached hereto.  
235  
MEMORANDUM OF AGREEMENT  
RE:  
DEVOLUTION OF CONTINUING CARE FROM THE DEPARTMENT OF HEALTH TO THE  
FORMER DISTRICT HEALTH AUTHORITIES  
Between:  
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NOVA SCOTIA THROUGH THE  
AGENCY OF THE PUBLIC SERVICE COMMISSION  
(hereafter the “Province”)  
and  
THE, EMPLOYER (DISTRICT HEALTH AUTHORITY), A BODY CORPORATE ESTABLISHED UNDER  
THE HEALTH AUTHORITIES ACT S.N.S. 2000, C.6  
(hereafter the “Employer”)  
and  
THE NOVA SCOTIA GOVERNMENT AND GENERAL EMPLOYEES UNION  
(hereafter the “Union”)  
Whereas:  
236  
Effective June 5th, 2009 the Government began the process of integrating continuing care  
services within the District Health Authorities; and  
On or about September, 2011 a further transfer of Employees to the District Health Authorities  
will take place; and  
In respect of the Employees at the Department of Health and Wellness who are listed on  
Schedule A hereto, who are represented by the Union and who deliver or support the delivery  
of continuing care programs, the Parties hereto have agreed to transfer their employment from  
the Province to the Employer by way of this Agreement;  
Now therefore it is agreed as follows:  
1.  
Definitions  
a) Agreement means the Memorandum of Agreement between the Province, the Union and  
the Employer including any schedule hereto.  
b) Bargaining Unit means the public health and addiction services Bargaining Unit as defined in  
the Collective Agreement which unit is commonly referred to as the “fifth unit”, as amended  
by Memorandum of Agreement, signed June 5th, 2009 regarding the devolution of  
continuing care.  
c) Collective Agreement means the Collective Agreement between the Employer and the  
Union which applies to the Bargaining Unit and which is in effect as of the Devolution Date.  
d) Devolution Date means the date upon which the Employees of the Province cease being  
Employees of the Employer.  
e) Employee means an Employee of the Province engaged in delivering or supporting the  
delivery of continuing care programs who is listed in Schedule “A” hereto and who becomes  
an Employee of the Employer on the Devolution Date.  
2.  
Effective Date  
237  
This Agreement shall have effect on and after the Devolution Date.  
3.  
Voluntary Recognition  
a) The Employer recognizes the Union as the exclusive bargaining agent for all of the  
Employees of the Employer in the Bargaining Unit and the Employer and the Union agree  
that this Agreement constitutes a voluntary recognition within the meaning of section 30 of  
the Trade Union Act;  
b) The Employer agrees to post, on and after the Devolution Date, a copy of this Agreement in  
a conspicuous place or places where it is most likely to come to the attention of Employees  
and to continue the posting of the Agreement for a minimum period of 30 days.  
4.  
5.  
Continuity of Employment  
The employment of all Employees listed in Schedule A shall continue without break or  
interruption and, subject to any agreement between the Employer and the Union, all seniority  
rights of these Employees shall continue unaffected by the change in their employment from  
the Province to the Employer.  
Rights and Obligations  
a) The Employer and the Union agree that on and after the Devolution Date the Collective  
Agreement will apply to the Employees subject only to this Agreement and to such variation  
of the Collective Agreement as is agreed to herein or may later be agreed to between the  
Employer and the Union.  
b) The Employer agrees all accrued rights to pay, overtime pay, sick leave, public service  
awards, holidays, pensions, vacation, time off in lieu of overtime, compensatory time off for  
compensation when such time off is not possible, leaves of absence, maternity leave,  
pregnancy leave, adoption leave, leave for birth of child, parental leave or other existing  
leave arrangements, all rights to return to work from any leave, sickness, workers’  
compensation or injury on duty, vacation or holidays, granted or agreed prior to the  
effective date of this Memorandum of Agreement are preserved unaffected by the change  
in employment from the Province to the Employer. After the Devolution Date such  
Employees shall accrue such rights in accordance with the Collective Agreement unless  
otherwise stated herein.  
c) The name, classification, pay scale step, seniority and service dates of the Employees shall  
be as indicated in Appendix “A” attached. The Employees shall not be entitled to negotiated  
increases retroactive prior to the Devolution Date.  
238  
d) An Employee who has earned, by having 288 months of service as of the Devolution Date, a  
greater vacation entitlement than that provided in the Collective Agreement shall retain  
that entitlement. Employees will be exempt from Article 18.09 (expiry of vacation  
accumulation) until a new Collective Agreement replaces the 2006-2009 Collective  
Agreement.  
e) Any “grandfathered” sick leave banks shall be used by the Employees after the Devolution  
Date only in accordance with the Collective Agreement.  
f) The Province and the Union agree that on and after the Devolution Date the Province, in  
respect of the Employees, shall have no further obligation under The Civil Service Master  
Agreement.  
g) Employees who retire with an actuarially-reduced pension will receive the retirement  
allowance pursuant to Article 31 of the Collective Agreement.  
h) The parties agree that the Employees will continue their public service pension as  
Employees in the Bargaining Unit.  
i) If necessary to ensure that the Employees in the Bargaining Unit are covered by the Public  
Service Long-Term Disability Plan, the Employer and the Union agree to jointly request the  
Trustees of the Plan to include the Employer and the Employees under that Plan.  
j) The Employer and the Union agree that this Agreement shall be incorporated into and  
become part of the Collective Agreement.  
6.  
Existing Grievances etc.  
a) All grievances, classification appeals, adjudications, interest arbitrations and judicial review  
proceedings which arose before the Devolution Date shall continue unaffected by the  
change in employment from the Province to the Employer with such modification to process  
as may be required by the Collective Agreement, and with the Employer continuing as the  
Employer in the place and stead of the Province.  
b) All classification disputes which have been referred to a Classification Appeal Tribunal under  
the Civil Service Master Agreement before the Devolution Date, but which have not begun  
shall proceed to the Appeal Tribunal (unless earlier resolved between the Union and the  
Employer) and the Employer shall continue as the Employer before the Tribunal in the place  
and stead of the Province.  
7.  
Recognition of Employee Service and Seniority  
239  
a) Subject to any agreement between the Union and the Employer, all periods of service of  
an Employee in the Civil Service and periods of employment recognized as service by the  
Province before the Devolution Date shall be deemed service with the Employer for all  
purposes and all seniority rights of Employees shall be preserved and shall continue  
unaffected by the change in employment from the Province to the Employer.  
b)  
c)  
d)  
Seniority of Employees as of the Devolution Date is defined as the length of continuous  
employment dating from the last date of appointment to the Civil Service.  
The Employees will be placed on the merged Public Health and Addictions Services  
seniority list for the Employer.  
As of the Devolution Date, an Employee who is a “Term” Employee under the Civil Service  
Master Agreement shall be considered a “Temporary Employee” under the Collective  
Agreement, except that such Temporary Employees who reach three or more years of  
accumulated service shall have layoff/recall rights as provided in Article 34 of the  
Collective Agreement.  
8.  
Work Schedules, Vacation Schedules and Shift Arrangements  
a)  
Until changed in accordance with the Collective Agreement all hours of work, work  
schedules, vacation schedules, and shift arrangements of the Employees in effect  
immediately before the Devolution Date shall continue unaffected by the change in  
employment from the Province to the Employer. Existing Modified Work Week  
arrangements shall continue subject to the terms of the Collective Agreements and  
without prejudice to any reviews presently underway.  
b)  
The Employees shall be included in Group A for the purpose of Article 16 of the  
Collective Agreement.  
MEMORANDUM OF AGREEMENT #35  
RE: DEVOLUTION OF CCRAS  
240  
BETWEEN:  
AND:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
This MOA applies to NSGEU Public Health Addictions and Continuing Care Employees in the Eastern,  
Western and Northern Zones.  
Whereas former District Health Authorities 2, 4, & 8 has its own Memorandum of Agreement with  
respect to transferred Employees working as of June 5, 2009 as Continuing Care Referral Assistants.  
And Whereas the parties to each Memorandum of Agreement are now the Province of Nova Scotia, the  
respective District Nova Scotia Health Authority, and the NSGEU.  
And Whereas the content of the Memorandum of Agreement for former District Health Authorities 2, 4,  
& 8 is identical.  
And Whereas the text of the Memorandum of Agreement is reproduced in this collective agreement for  
historical reference only and does not form part of the Collective Agreement.  
241  
And Whereas the text of the Memorandum of Agreement is attached hereto.  
242  
MEMORANDUM OF AGREEMENT  
RE:  
DEVOLUTION OF CONTINUING CARE FROM THE DEPARTMENT OF HEALTH TO THE  
DISTRICT HEALTH AUTHORITIES  
Between:  
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NOVA SCOTIA THROUGH THE  
AGENCY OF THE PUBLIC SERVICE COMMISSION  
(hereafter the “Province”)  
and  
THE, EMPLOYER (DISTRICT HEALTH AUTHORITY), A BODY CORPORATE ESTABLISHED UNDER  
THE HEALTH AUTHORITIES ACT S.N.S. 2000, C.6  
(hereafter the “Employer”)  
and  
THE NOVA SCOTIA GOVERNMENT AND GENERAL EMPLOYEES UNION  
(hereafter the “Union”)  
Whereas:  
On June 5, 2009, a Memorandum of Agreement was signed by the Province of Nova Scotia, the  
Employer and the Union in relation to the transfer of certain Employees from the Provincial civil  
service to the Employer; and  
The parties wish to make further provision for the transferred Employees working as of June 5,  
2009 as Continuing Care Referral Assistants;  
Now therefore it is agreed as follows:  
1.  
The Employer will establish the Continuing Care Referral Assistant (CCRA) as a classification in its  
collective agreement with the same salary it enjoyed within the Civil Service at the time of  
transfer.  
2.  
3.  
All CCRAs hired by the Employer after the date of transfer will be paid the CCRA rate.  
Incumbent CCRAs who transferred from the civil service will receive the LPN rate that existed on  
the date of transfer, on a PIO’d basis. PIO meaning they will get general economic increases, but  
not any special LPN adjustments or premiums. They will remain classified as CCRAs, with a PIO’d  
rate. Any adjustment would be retroactive to the date of transfer.  
MEMORANDUM OF AGREEMENT #37  
RE: ASSIGNMENT OF FULL (SEVEN AND ONE- HALF (7.5) HOUR SHIFTS BLOOD COLLECTION, CAPE  
BRETON REGIONAL HOSPITAL  
BETWEEN:  
Cape Breton District Health Authority (DHA 8)  
AND  
THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF  
CANADA (CAW - CANADA)  
244  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
This MOA applies to Unifor members at the former Cape Breton Regional Hospital.  
Whereas the Unions and Employer are party to a Collective Agreement in effect April 1, 2009 November  
1, 2014 to October 31, 2020 2011, the Parties agree to the following modifications to Article 9.05 (f) 38  
with respect to the assignment of shifts:  
Shifts that become available prior to the posting of the schedule:  
(i)  
Available seven and one-half (7.5) hour shifts will be assigned to part-time Employees working in  
phlebotomy according to seniority and on declared availability;  
(ii)  
If the most senior Employee is working a three and three-quarter (3.75) hour shift, then s/he will  
be moved up to the seven and one-half (7.5) hour shift and the three and three-quarter (3.75)  
shift will be assigned to the next senior available Employee. If the next most senior Employee  
isn't scheduled to work that day, they will be offered the three and three-quarter (3.75) hour  
shift;  
(iii)  
If gaps still exist in the schedule, available shifts will be offered to casual Employees.  
245  
Shifts that become available after the posting of the schedule:  
(iv)  
Relief shifts (seven and one-half (7 .5) hours) that become available at least forty-eight (48)  
hours prior to the commencement of the relief shift will be offered by seniority;  
(v)  
If the most senior Employee is working a scheduled three and three-quarter (3.75) hour shift,  
then s/he will be offered the seven and one-half (7.5) hour shift, and the three and three-  
quarter (3.75) hour shift will be offered to the next available Employee. If the next most senior  
Employee is not scheduled to work that day, they will be offered the three and three-quarter  
(3.75) hour shift;  
(vi)  
Remaining shifts will be offered to Casual Employees;  
(vii)  
Where relief shifts become available with less than forty-eight (48) hours notice, such relief  
shifts will be offered to available Part-time and Casual Employees on an equitable basis.  
246  
MEMORANDUM OF AGREEMENT #40  
EMPLOYEES WHO WORK ON THE MOBILE MAMMOGRAPHY UNIT  
BETWEEN:  
Cape Breton District Health Authority (DHA 8)  
AND  
THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF  
CANADA (CAW - CANADA)  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
(The Unions)  
This MOA applies to Unifor members at the Nova Scotia Health Authority.  
247  
The Parties hereto agree to the following terms and conditions as a revision of the Collective Agreement  
in effect between April 1, 2009 November 1, 2014 to October 31, 2011 2020. The terms and conditions  
referred to in this document cover members of the bargaining unit while working in the Mobile  
Mammography Unit.  
1.  
Employees will be paid $1.00 per hour premium for every hour actually worked on the Mobile  
Unit and for those paid hours directly associated with work on the Mobile Unit.  
When working outside the Complex:  
2.  
3.  
4.  
5.  
Mileage will be paid in accordance with the Employer’s travel policy when the Employee is  
required to use their personal vehicle away from their home site.  
Employees will be entitled to one (1) long distance phone call per day when traveling with the  
Unit.  
Employees will be provided with a meal allowance in accordance with the Employer’s travel  
policy.  
Where overnight accommodation is authorized, Employees may claim incidental expenses to a  
limit of $4.00 per day.  
6.  
7.  
Employees may have separate accommodations when away on the Mobile.  
Employees will be provided with a cell phone for work related purposes when travelling outside  
the Cape Breton Health Care Complex.  
Staffing the Mobile Mammography Unit:  
248  
Technologists from the Diagnostic Mammography Unit are encouraged to rotate with the staff from the  
Mobile Breast Screening Service in order to gain experience in all aspects of mammography.  
Technologists from Diagnostic Mammography who do not wish to participate in this rotation will be  
excluded from this request, or opt out at any time from the rotation.  
Any Technologist assigned to the Mobile Breast Screening Unit shall be placed on a trial period for  
twelve (12) months commencing on the date that the unit is operational. Conditional on satisfactory  
service, such trial shall become permanent after the period of twelve (12) months.  
This Memorandum of Agreement shall remain in effect unless one party gives to the other party not less  
than sixty (60) calendar days' notice of its intention to terminate this Agreement.  
249  
MEMORANDUM OF AGREEMENT  
UNIFOR PEL  
BETWEEN:  
NOVA SCOTIA HEALTH AUTHORITY  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
Unifor Paid Education Leave  
This MOA applies only to Unifor members affected by the collective  
agreement.  
The Employer agrees to pay into a special fund an amount of one cent ($.01) per  
hour for all regular hours paid for the Permanent Employees to provide for a Paid  
Education Leave (PEL). Such leave will be for upgrading the Employees’ skills in  
all aspects of trade union functions. Such payment will be remitted on a quarterly  
basis into a trust fund established by the National Union, Unifor, effective from  
date of ratification and sent by the Employer to the following address; Unifor Paid  
Education Leave Program, Unifor Family Education Centre, RR#1 CAW Road 25,  
Port Elgin, Ontario, N0H 2CD.  
The Employer shall approve an unpaid leave to the members of the bargaining  
unit subject to operational requirements. Candidates for PEL shall be selected by  
the Union Unifor to attend such courses and provide written confirmation to the  
Employer of such selection. Employees on PEL leave of absence shall continue to  
accrue seniority. This provision is not applicable to casual Employees.  
250  
251  
GRANDPARENTING OF CUPE ARTICLE 17.02(a)(i) AND UNIFOR ARTICLE 9.02(a)  
Notwithstanding Article 14.11 of the collective agreement, the following provisions will  
apply in those areas which were previously subject to the CUPE and Unifor transitional  
collective agreements:  
During the two (2) week period, Employees shall, whenever possible, receive two  
(2) days off in each calendar week or four (4) days off in each two week period,  
given in not more than two segments unless mutually agreed otherwise between  
the Union and the Employer.  
252  
Memorandum of Agreement “XX”  
Legacy Carry-Over Banks  
1. Notwithstanding Articles 17.08, 17.09 & 17.10, Employees in the former District Health  
Authorities 1 through 8 who have, as of the date this Collective Agreement is finalized, carried  
over vacation banks (not including the twenty (20) days permitted to be accumulated  
pursuant to Article 17.09) (“Legacy Carry-over Banks”) will retain their Legacy Carry-over  
Banks vacation banks for a period of 5 years from the date of med/arb award concluding this  
Collective Agreement until April 1, 2024, after which any vacation from their Legacy Carry-  
over Banks that has not been used will be paid out.  
For the purposes of this MOA, “Legacy Carry-Over Banks” includes all vacation credits earned  
but not taken under past terms and conditions of employment and collective agreements with  
any of the predecessor Employers.  
253  
MEMORANDUM OF AGREEMENT #__  
TRANSITIONAL AGREEMENT RE: JOB SHARING  
AND PREPAID LEAVE  
BETWEEN:  
AND  
NOVA SCOTIA HEALTH AUTHORITY (NSHA)  
NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS (the Council)  
WHEREAS the parties to this Memorandum of Agreement came into existence on April 1, 2015 as a  
result of the Health Authorities Act;  
AND WHEREAS the collective agreements then current between the predecessor employers of NSHA  
and the constituent unions of the Council (the Original Collective Agreements) continued in force until  
the settlement of a new collective agreement between NSHA and the Council (the New Collective  
Agreement);  
AND WHEREAS NSHA and the Council have agreed in the New Collective Agreement to articles  
governing job sharing and prepaid leave plans;  
AND WHEREAS there may be employees of NSHA who, at the time the New Collective Agreement comes  
into effect (the Effective Date), are in job sharing arrangements or on prepaid leave plans (deferred  
salary leaves, etc.) governed by provisions of one of the Original Collective Agreements;  
THEREFORE the parties agree that:  
1. Employees in job sharing arrangements under the provisions of one of the Original Collective  
Agreements as of the Effective Date shall continue to operate under those job sharing  
provisions of the Original Collective Agreement until the earlier of the conclusion of the job  
sharing arrangement or two calendar years after the Effective Date;  
2. Employees enrolled in a deferred salary leave arrangement under the provisions of one of the  
Original Collective Agreements as of the Effective Date shall continue to operate under those  
prepaid leave plan provisions of the Original Collective Agreement until the conclusion of that  
particular prepaid leave;  
3. All new job sharing arrangements and prepaid leave plans which commence after the Effective  
Date will be governed by Article 40 (Job Sharing) or Article 44 (Prepaid Leave Plan) of the New  
Collective Agreement;  
4. This MOA shall lapse upon the expiry of the New Collective Agreement, if not renewed by the  
parties.  
254  
MEMORANDUM OF AGREEMENT “X”  
This Memorandum of Agreement applies to Employees transferring between positions  
within NSHA and between NSHA and IWK.  
A
Employees transferring from accrued sick leave to STI  
An Employee with a position in a location where they accumulate credits for sick leave with pay  
who accepts a position in a location where general leave and short-term illness benefits are  
provided shall be entitled to maintain twenty five percent (25%) of their accumulated sick leave  
bank; Employees who have sick leave credits in their banks can utilize them for the following  
purposes:  
To Cover STI/LTD Gap  
Employees may use any sick bank credits to cover off any period between the end of  
Short-Term Illness Leave (“STI”) entitlement and the date on which they would normally  
become eligible for LTD. Employees who are not covered by a long term disability plan  
or who have time in their sick leave bank may use their sick leave banks for the period  
for which they are sick after the one hundred (100) days for Short-Term Illness has been  
used, until their sick leave bank is exhausted. The Employee’s sick bank shall be  
reduced by one day for each day of entitlement under this section.  
To “Top Up” STI  
Employees may use these credits to top up Short-Term Illness benefits. For each day  
on which the Employee is in receipt of Short-Term Illness the Employee may use her  
sick bank to “top up” her Short-Term Illness benefit to one hundred per cent (100%) of  
salary. Twenty five percent (25%) of the day shall be deducted from the sick bank for  
each twenty five percent (25%) “top up”.  
WCB Earnings Replacement Supplement  
Employees may use these credits to supplement the earnings replacement benefit paid  
by the Workers’ Compensation Board equal to the difference between the earnings  
replacement benefit received by the Employee under the Act and the Employee’s net  
pre-accident earnings. The percentage amount required to achieve the top-up to net  
pre-accident earnings shall be deducted from the sick bank for each day of the  
supplement.  
B
Employees transferring from STI to accrued sick leave  
An Employee with a position where general leave and short-term illness benefits are provided  
who accepts a position in a location where they accumulate credits for sick leave with pay shall  
be credited with a sick leave bank of 11.25 hours for each 162.5 regular hours paid in the 8  
years before the effective date of accepting the new position less all hours that the Employee  
has received general leave for illness or injury or short-term illness benefits during the 8 years  
before the effective date of accepting the new position.  
255  
C
Employees transferring from PH/AS/CC (former DHAs 1 – 8) STI to former CDHA  
STI  
An Employee with a position in Public Health, Addiction Services and Continuing Care  
(PH/AS/CC) in former DHAs 1 through 8 where general leave and short-term illness benefits are  
provided who accepts a position in the former CDHA where general leave and short-term illness  
benefits are provided shall be entitled to a sick leave bank of five days or, if the Employee has  
been employed in their PH/AS/CC position for more than one year at the time she accepts the  
position in the former CDHA, a sick leave bank of ten days, to be used for the following  
purposes for a period of twelve months from the date of transfer:  
To Cover STI/LTD Gap  
Employees may use any sick bank credits to cover off any period between the end of  
Short-Term Illness Leave (“STI”) entitlement and the date on which they would normally  
become eligible for LTD. Employees who are not covered by a long term disability plan  
or who have time in their sick leave bank may use their sick leave banks for the period  
for which they are sick after the one hundred (100) days for Short-Term Illness has been  
used, until their sick leave bank is exhausted. The Employee’s sick bank shall be  
reduced by one day for each day of entitlement under this section.  
To “Top Up” STI  
Employees may use these credits to top up Short-Term Illness benefits. For each day  
on which the Employee is in receipt of Short-Term Illness the Employee may use her  
sick bank to “top up” her Short-Term Illness benefit to one hundred per cent (100%) of  
salary. Twenty five percent (25%) of the day shall be deducted from the sick bank for  
each twenty five percent (25%) “top up”.  
WCB Earnings Replacement Supplement  
Employees may use these credits to supplement the earnings replacement benefit paid  
by the Workers’ Compensation Board equal to the difference between the earnings  
replacement benefit received by the Employee under the Act and the Employee’s net  
pre-accident earnings. The percentage amount required to achieve the top-up to net  
pre-accident earnings shall be deducted from the sick bank for each day of the  
supplement.  
256  
MEMORANDUM OF AGREEMENT  
Pay Plan Transition  
WHEREAS the parties have agreed that previous Health Care wage parity exercises have been  
completed in the past;  
AND WHEREAS the parties wish to create a transitional agreement with a focused mandate to  
agree upon the matching already completed by the employers;  
AND WHEREAS the parties intend that this MOA will expire once the process is completed;  
NOW THEREFORE the parties agree as follows:  
1. The parties will establish a Pay Plan Transition Committee, composed of four  
representatives each of the Council and the Employers, to review and match all current  
health care bargaining unit classifications to classifications at the former Capital District  
Health Authority, NSGEU Local 42, bargaining unit. A representative of HANS will also  
participate on the Committee on a non-voting, ex-officio basis, and will act as Chair of  
the committee.  
2. For the purposes of determining the correct pay rate for all classifications, the pay rate  
for all matched classifications shall be the HTH number for the matched classifications at  
the former CDHA.  
3. Except where the parties agree otherwise, the parties shall not use the pay rate of  
PIO’ed classifications at the former CDHA and shall exclude any market or any other  
special adjustments currently in place in determining the HTH number and pay rate in  
paragraph 2, above.  
4. For individual Employees whose positions are matched to classifications at the former  
CDHA:  
a. where the matched position at the former CDHA has a higher pay rate, the  
Employee shall be placed at the next higher rate of pay on the pay range of the  
CDHA classification as increased by the applicable pay increases in the  
Collective Agreement or the minimum rate of the matched CDHA classification as  
likewise increased, whichever is greater; or  
b. where the matched position at the former CDHA has a lower pay rate, the  
Employee shall be granted present incumbent only pay protection and shall  
progress on the pay range of their previous classification as adjusted by general  
economic pay increases so long as the incumbent remains in their current  
position.  
5. Unless the parties mutually agree on an alternate dispute resolution mechanism, all  
disputes regarding whether a position is appropriately matched to a position at the  
former CDHA shall be referred for resolution to a single arbitrator in accordance with  
Article 26 of the Collective Agreement.  
257  
6. An arbitrator hearing a dispute pursuant to paragraph 5 above shall have the jurisdiction  
to match the position to a former CDHA position, or determine that there is no match to  
the position at the former CDHA.  
7. In determining whether a position is matched to a former CDHA position, the arbitrator  
shall consider the factors prescribed by the Aiken (Watson Wyatt) job evaluation system.  
8. The arbitrator shall have no jurisdiction to assign a rate of pay for any position.  
9. In the event that the parties agree, or an arbitrator determines, that there is no match for  
a position at the former CDHA, and the position has not been evaluated by the Aiken  
(Watson Wyatt) job evaluation system:  
a. For the NSHA, the position shall be reviewed pursuant to Article 42 of the  
Collective Agreement;  
b. For the IWK, the position will maintain its existing rate of pay.  
10. Within sixty (60) days from the signing of the Collective Agreement, the Committee will  
convene to discuss the review process and determine a timeline for completion of the  
pay plan transition.  
11. Implementation of the reconciled pay plans will occur immediately following completion  
of the matching exercise, which includes completion of any arbitration arising under  
paragraph 5. Any rate of pay changes shall be made effective the date Arbitrator Kaplan  
issues an award.  
12. This Memorandum of Agreement will expire immediately upon completion of the  
matching exercise, inclusive of any arbitration arising under paragraph 5.  
258  
MEMORANDUM OF AGREEMENT “XX”:  
Establishing a Single Group Insurance Plan for All Employees of the NSHA and IWK  
WHEREAS as of the effective date of their collective agreements the NSHA and IWK (the  
“Employers”) together provide three different Group Insurance plans for their Employees;  
AND WHEREAS the parties have agreed that it is mutually beneficial to move all Employees to  
a single Group Insurance plan;  
AND WHEREAS the parties have agreed that the Provincial Group Benefits Committee (the  
“Committee”) should review all of the Group Insurance plans currently in place, and make a  
recommendation to the Employers as to which Group Insurance Plan will be adopted for all  
Employees;  
NOW THEREFORE the parties agree as follows:  
1. The Committee will review all current Group Insurance plans provided by the Employers,  
with the aim of making a recommendation to the Employers as to which single plan will  
be adopted going forward for all Employees.  
2. The parties agree that the adoption of a single plan must be cost-neutral.  
3. The Committee may hire a third party consultant in order to assist with its review, the  
costs of which will be borne by the Employers.  
4. The Committee’s recommendation will be made to the Employers within one (1) year of  
the effective date of this collective agreement.  
5. The Employers will move all Employees into a single Group Insurance plan within one  
(1) year of receiving the Committee’s recommendation.  
6. Until there is a new single Group Insurance plan covering all Employees in the unit, the  
existing Group Insurance plans will remain in place, including current governance  
structures.  
7. Any time limits provided in this MOA may be adjusted on mutual consent of the  
Employers and the Council.  
259  
8. The parties agree that Arbitrator Kaplan retains jurisdiction to resolve any disputes  
arising out of the resolution of this MOA.  
260  
MEMORANDUM OF AGREEMENT  
The Council and the Employer agree that the following Memoranda of Agreement,  
which were appended to predecessor collective agreements, continue in full force and  
effect unless revised by the parties:  
1. CUPE - Pharmacist (Former DHA 7)  
2. CUPE - In-town Deliveries (Former DHA 2)  
3. CUPE - Management Employees (Former DHA 6)  
4. CUPE - Part-Time PCWs (Former DHA 2)  
5. CUPE – Aberdeen 12 Hour Shifts (Former DHA 6)  
6. UNIFOR - Rural Sites (Former DHA 8)  
261  
Addictions Services Hours of Work MOA  
The parties agree that the normal hours of work of those Employees providing addictions  
services who currently work 70 hours biweekly will be increased to 75 hours biweekly  
(prorated for any affected part time Employees). The classifications to be adjusted are:  
1. Clinical Practice Educator  
2. Clinical Therapist  
3. Community Health Worker  
4. Community Outreach Worker  
5. Counsellor  
6. Health Care Social Worker  
7. Intake Worker  
8. Psychologist  
9. Recreation Therapist  
10.Team Leader Social Work  
262  
TAB 2  
263  
PREAMBLE  
Whereas it is the intention and purpose of the parties to this Agreement to maintain harmonious  
relations and settled conditions of employment between the Employer, the employees and the  
Union, to improve the quality of health care service, to promote the well being and increased  
productivity of employees to the end that patients be well and efficiently served and to promote  
an environment where employees want to work and are valued, accordingly the parties hereto  
set forth certain terms and conditions of employment affecting employees covered by this  
Agreement.  
Now therefore, the parties agree as follows:  
ARTICLE 1 - INTERPRETATION AND DEFINITIONS  
1.01 Definitions  
For the purpose of this Agreement:  
(4)  
“Bargaining Unit” consists of all employees of the Employer who occupy  
positions that require them to be engaged primarily in a clinical capacity to  
provide patient care who are not included in the nursing bargaining unit  
defined in paragraph 80(b)(1)(a) of the Health Authorities Act and as  
defined in Schedule 5 of the decision of James Dorsey dated February 19,  
2015 but excluding those persons described in paragraphs (a) and (b) of  
Section 2 of the Trade Union Act.  
(5)  
“Common-law relationship” is said to exist when, for a continuous period of  
more than one (1) year, an Employee has lived with a person, publicly  
represented that person to be her spouse, and lives continually with that person  
as if that person were her spouse.  
(6)  
(4)  
“Council” means the Nova Scotia Council of Health Care Unions.  
“Day”, except where otherwise provided, means Monday through Friday,  
excluding holidays.  
(5)  
“Employee” means a person who is included in the Bargaining Unit as defined  
in Article 2.01 and includes:  
264  
(a)  
(b)  
“Casual Employee” is a non-permanent Employee;  
Full-time Employee” is an Employee who is hired to work the bi-weekly  
hours of work as provided in this Agreement;  
(c)  
(d)  
“Part-time Employee” is an Employee who is hired to work less than the  
full-time hours of work as provided in this Agreement; and  
“Permanent Employee” is an Employee who has completed her  
probationary period and is employed on a full-time or part-time basis  
without reference to any specified date of termination of employment.  
(6)  
(7)  
“Employer” means the Izaak Walton Killam Health Centre (IWK).  
“Holiday” means:  
(a)  
in the case of a shift that does not commence and end in the same day,  
the twenty-four (24) hour period commencing from the time at which the  
shift commenced if more than one-half of the shift falls on a day  
designated as a holiday in this Agreement;  
(b)  
in any other case, the twenty-four (24) hour period commencing at 0001  
hours of a day designated as a holiday in this Agreement.  
(8)  
(9)  
“Leave of absence” means absent from work with permission.  
“Lockout” includes the closing of a place of employment, a suspension of work  
or a refusal by the Employer to continue to employ a number of its employees  
done to compel the employees, or to aid another employer to compel its  
employees, to agree to terms or conditions of employment.  
265  
(10)  
"Predecessor Employer" means the Izaak Walton Killam Hospital for Children  
or the Salvation Army Grace Maternity Hospital with respect to employees who  
were employed by either Employer as of December 20, 1996.  
(11)  
(12)  
Shift duration” means the length of a shift.  
“Spouse” means husband, wife and common-law spouse. Common-law  
spouse includes a same sex partner in a common-law relationship except for  
purposes of a pension plan where the pension plan contemplates otherwise.  
(13)  
“Strike” includes a cessation of work, or refusal to work or continue to work by  
employees in combination or in concert or in accordance with a common  
understanding, for the purpose of compelling their Employer to agree to terms or  
conditions of employment or to aid other employees in compelling their Employer  
to agree to terms or conditions of employment.  
(14)  
(15)  
“Union” means NSGEU, which is a constituent Union of the Council.  
“Week-end” means the fifty-five (55) consecutive hour period commencing at  
0001 hours Saturday to 0700 hours Monday.  
(16)  
“Working Day” means any calendar day on which an Employee is scheduled to  
work.  
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1.02 Service  
For the purposes of this Agreement, “service” means:  
(a)  
(i)  
the service with which an Employee was credited as an Employee of a  
Predecessor Employer immediately prior to the establishment of the  
Employer pursuant to the Izaak Walton Killam Health Centre Act;  
(ii)  
total accumulated months of employment with the Employer.  
(iii)  
A month shall be a calendar month or any portion thereof in which  
an Employee was employed with the IWK.  
(b)  
Notwithstanding Article 1.02(a), except as otherwise provided in this  
Agreement, an Employee who does not receive salary for in excess of ten  
(10) days during that calendar month shall not accrue service related  
benefits or credits for that month; however, there shall be no adjustment to  
that Employee’s service date.  
(c)  
(d)  
An Employee being compensated under the Workers’ Compensation Act  
shall accumulate vacation credits to a maximum of one year’s vacation  
credits.  
Any NSHA Employee who successfully applies to work at the IWK will  
retain the service they were credited with at the NSHA.  
1.03 Seniority  
(a)  
“Seniority” shall be defined in accordance with the following:  
(i)  
Permanent Seniority shall be the seniority date with which an  
Employee was credited as an Employee at April 1, 2015 in the  
Bargaining Unit. Subject to 1.03(a)(iii), regular seniority for those  
267  
hired after April 1, 2015 will be defined as the most recent date of  
hire into a permanent position in the Bargaining Unit.  
(ii)  
Casual Seniority shall be the seniority with which an Employee was  
credited as an Employee as of April 1, 2015 in the Bargaining Unit  
plus hours worked on and after April 1, 2015. Subject to 1.03(a)(iv),  
Casual seniority will be defined as the accrual of hours worked  
since the most recent date of hire into a casual position in the  
Bargaining Unit.  
(iii)  
When an Employee transfers from a casual to a permanent position,  
the Employee’s Casual seniority hours will be divided by 1950 and  
assigned a calendar value which will determine the Employee’s  
permanent seniority date, which will be prior to the date of hire into  
a permanent position.  
(iv)  
When an Employee transfers from a permanent position to a casual  
position, the Employee’s hours worked shall be used to establish  
the Employee’s accrual of hours for the Employee’s date of hire in  
the casual position. In no case will any Employee accrue more than  
1950 hours seniority per year for the purposes of the above.  
(v)  
Seniority will be calculated in the same fashion for employees  
whose full time hours are 1820 or 2080 hours per year, except 1820 hours  
or 2080 hours will be substituted for 1950 in the calculations set out herein.  
(b)  
Employees’ Seniority shall be transferrable as follows;  
(i)  
Should a member of any bargaining unit at the IWK be the  
successful candidate for a permanent position in the IWK Health  
Care Bargaining unit, that Employee shall keep and transfer their  
seniority to their new Health Care Bargaining Unit position at the  
IWK.  
268  
(ii)  
Should a member of any bargaining unit at the Nova Scotia Health  
Authority be the successful external candidate for a permanent  
position in the IWK Health Care Bargaining Unit, that Employee shall  
keep and transfer their seniority to their new Health Care Bargaining  
Unit position at the IWK.  
(c)  
Posting of Seniority Lists  
The Employer is required to maintain separate seniority dates and seniority lists  
for Permanent and Casual employees.  
In the event two or more Permanent employees have the same seniority  
date, or two or more Casual employees have the same number of casual  
hours, their placement on the Permanent or the Casual seniority lists will  
be determined by random draw.  
For Permanent employees  
(i)  
Within sixty (60) days following the signing of this Agreement, and  
annually thereafter on December 15 and June 15, the Employer shall post  
a list setting out each Employee’s seniority date. Each Employee shall  
have thirty (30) days from the date the list is posted to challenge her  
seniority date in writing. The Employer shall reply to the Employee’s  
written objection within thirty (30) days of receipt of the written objection.  
If no written objection is received by the Employer within thirty (30) days  
from the date the list is posted, the seniority date on the list shall be the  
Employee’s seniority date for all purposes following the posting of the list.  
(ii)  
An Employee who is absent from work for any part of the thirty (30) day  
posting period shall have thirty (30) days from the date of her return to  
work to object in writing to her seniority date. However, until and unless  
such written objection is received by the Employer, and in any event no  
later than thirty (30) days from the Employee’s return to work, the posted  
269  
seniority date for the Employee will be considered to be the Employee’s  
seniority date for all purposes.  
(iii)  
In the event a casual Employee's conversion to permanent  
employment status results in the same seniority date as a  
permanent Employee, the casual Employee will be placed below the  
permanent Employee on the seniority list.  
For Casual employees  
(iv)  
Within sixty (60) days following the signing of this Agreement, and semi-  
annually thereafter, on December 15 and June 15, the Employer shall post a list  
setting out each casual Employee’s accumulated hours as of the preceding pay  
period. This list is for the purpose of casual employees’ seniority. Each casual  
Employee shall have thirty (30) days from the date the list is posted to challenge  
her casual seniority date in writing. The Employer shall reply to the casual  
Employee’s written objection within thirty (30) days of receipt of the written  
objection. If no written objection is received by the Employer within thirty (30)  
days from the date the list is posted, the casual seniority date on the list shall be  
the casual Employee’s seniority date.  
(v)  
Notwithstanding the above, job posting decisions premised on a Casual  
Employee’s seniority will be based on the Casual Employee’s seniority on the  
last day of the pay period prior to the day of the posting deadline.  
1.04 Gender  
Unless any provision of this Agreement otherwise specifies, words importing the  
feminine gender shall include males and vice versa.  
1.05 Headings  
The headings in this Article are for ease of reference only and shall not be taken into  
account in the construction or interpretation of any provision to which the refer.  
270  
ARTICLE 2 - RECOGNITION  
2.01 Bargaining Agent Recognition  
(a)  
The Employer recognizes the Council as the exclusive Bargaining Agent  
of the employees in the Bargaining Unit for the purposes of sections 33  
to 37, subsections 38(1) and (2) and sections 39, 40, 47 to 52 and 61  
to 75 of the Trade Union Act, as amended.  
(b)  
The Employer recognizes the Union as the exclusive bargaining  
agent on behalf of all employees of the Employer who occupy  
positions in the Bargaining Unit described in paragraph (a) for which  
the Union was certified or voluntarily recognized as bargaining agent  
before April 1, 2015 for all purposes other than those listed in  
paragraph (a).  
2.02 No Other Agreements  
No Employee(s) shall be required or permitted to make any written or verbal  
agreement with the Employer or its representatives, which conflict with the  
terms ofthis Agreement.  
2.03 No Discrimination for Union Activity  
The parties agree that there will be no discrimination, interference, restriction, or  
coercion exercised or practised with respect to any Employee for reason of membership  
or legal activity in the Union.  
2.04 No Discrimination  
The Union and the employees support a workplace free of discrimination. Neither the  
Employer, nor any person acting on behalf of the Employer, shall refuse to continue to  
employ any Employee or otherwise discriminate against any Employee, on the basis of  
race, religion, creed, colour, ethnic or national or aboriginal origin, sex, sexual  
orientation, source of income; political belief, affiliation or activity; family status, marital  
271  
status, age, or physical disability or mental disability, except as authorized by the Human  
Rights Act.  
2.05 Sexual and Personal Harassment  
The Employer shall provide and the Union and employees shall support a workplace free  
from personal or sexual harassment and any other harassment based on the protected  
characteristics set out in Article 2.03. The Employer shall maintain a policy on workplace  
harassment.  
2.06 Same Sex Family Status  
Any applicable family oriented benefits, e.g., bereavement leave, medical/dental, etc.  
shall be available to families with same sex spouses except for pension plans where the  
pension plan contemplates otherwise.  
2.07 Diversity  
The Employer and the Union recognize the values of diversity in the workplace  
and will work cooperatively toward achieving a work environment that reflects the  
interests of a diverse work force.  
2.08 Headings  
The headings in this Article are for ease of reference only and shall not be taken into  
account in the construction or interpretation of any provision to which they refer.  
2.09 Mandatory Membership- New employees  
All Bargaining Unit employees shall become and remain members of the  
appropriate Constituent Union in accordance with that Union’s bylaws and  
constitution. Notwithstanding the foregoing, an Employee’s loss of membership  
in the appropriate Constituent Union shall not result in the termination of the  
Employee’s employment with the Employer.  
2.10 The Employer and the Union recognize their respective obligations to  
accommodate a disabled Employee to the point of undue hardship. A  
disabled Employee has a duty to cooperate and assist the Employer and  
the Union in developing a suitable accommodation.  
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ARTICLE 3 - APPLICATION  
3.01 This Agreement, including each of the Memoranda of Agreement and the Appendices  
which are attached, apply to and are binding on the Union, the employees and the  
Employer.  
ARTICLE 4 - FUTURE LEGISLATION  
4.01 In the event that any law passed by the Legislature applying to the employees covered  
by this Agreement renders null and void any provision of this Agreement, the remaining  
provisions of the Agreement shall remain in effect for the term of the Agreement.  
ARTICLE 5 - MANAGEMENT RIGHTS  
5.01 Management Rights  
The management and direction of employees and operations is vested exclusively in the  
Employer. All the functions, rights, power and authority which the Employer has not  
specifically abridged, deleted or modified by this Agreement are recognized by the Union  
as being retained by the Employer.  
5.02 Consistent Application  
The Employer agrees that management rights will not be exercised in a manner  
inconsistent with the express provisions of this Agreement.  
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ARTICLE 6 - RIGHTS AND PROHIBITIONS  
6.01 No Lockout or Strike  
The Employer shall not cause a lockout and an Employee shall not strike during the term  
of this Agreement.  
6.02 No Sanction of Strike  
The Union shall not sanction, encourage, or support financially or otherwise, a strike by  
its members or any of them who are governed by the provisions of this Agreement  
during the term of this Agreement.  
6.03 Emergency Services  
(a)  
Notwithstanding an Employee’s right to strike, the Union agrees that during a  
legal strike, a sufficient number of Bargaining Unit employees will be provided to  
assist the Employer where there are insufficient numbers of excluded persons to  
provide emergency treatment or care of any patient, if, in the opinion of the  
majority of the Emergency Services Evaluation Committee, a patient’s life would  
be endangered.  
(b)  
The Emergency Services Evaluation Committee shall consist of equal  
representation from the Employer and the Union.  
(c)  
Article 6.03 will only be operative in the absence of essential services  
legislation.  
6.04 Headings  
The headings in this Article are for ease of reference only. They shall not be taken into  
account in the construction or interpretation of any provision to which they refer.  
274  
ARTICLE 7 - UNION INFORMATION AND OFFICE  
7.01 Bulletin Boards  
The Employer shall provide adequate and visible bulletin board space for the posting of  
notices by the Union pertaining to elections, appointments, meeting dates, news items,  
social and recreational affairs.  
7.02 Distribution of Union Literature  
(a)  
(b)  
(c)  
The Employer will provide space to the Union during Employee orientation to  
allow the Union to distribute Union literature related to the orientation of new  
Union members.  
The Employer shall, where facilities permit, make available to the Union specific  
locations on its premises for the placement of bulk quantities of literature of the  
Union.  
Computer Access  
Where possible, providing no additional costs are incurred by the  
Employer, one (1) authorized representatives of the Union shall be  
entitled to  
submit for posting on the Employer's electronic  
communication system one electronic Union notice per month for  
members of the Bargaining Unit. The Employer shall determine the  
method of distribution. The Employer shall review all proposed notices  
and retain a discretion not to post any notice that it deems unlawful or  
contrary to the Employer’s interests, which discretion shall not be  
unreasonably exercised. The Union agrees to indemnify the Employer  
for any liability arising out of offensive or otherwise unlawful  
notices posted by the Union. Nothing in this Article requires a  
change to distribution practices that existed prior to April 1,  
2015.  
275  
ARTICLE 8 – INFORMATION  
8.01 Copies of Agreement  
The Employer agrees to post a copy of the Agreement on the Employer’s web  
site and intranet. Upon request by an Employee, the Employer will provide a  
bound copy of the agreement to the Employee within one calendar week. Upon  
request by the Union, the Employer agrees to provide a reasonable number of  
bound booklets for use by Union representatives and Stewards.  
8.02 Letter of Appointment  
An Employee, upon hiring or change of status, shall be provided with an  
electronic statement of her classification and employment status, including  
designation as to her percentage of full-time hours, and pay scale applicable to  
her position. An Employee may request a paper copy in the event the  
Employee does not have regular computer access.  
8.03 Employer to Acquaint New employees  
(b)  
During orientation, the Employer will provide each new Employee with a  
link to an electronic package prepared by the Union along with a link to a  
copy of the collective agreement. The Employer will update the link as  
required by the Union.  
(b)  
Where the Employer holds in-person orientation, the Union shall be  
permitted 10 minutes at the end of the agenda to address Bargaining  
Unit members with no loss of regular pay during or following the  
orientation program.  
8.04 Position Descriptions  
(a)  
Upon request by the Employee, the Employer shall provide the position  
description outlining the duties and responsibilities assigned to her position.  
(b)  
Copies of all current position descriptions shall be forwarded to the Union upon  
signing of this Agreement. Thereafter, all new and revised position descriptions  
shall be provided to the Union within fifteen (15) days of creation or revision.  
276  
8.05 Bargaining Unit Information  
The Employer agrees to provide the Union such information relating to employees in the  
Bargaining Unit as may be required by the Union for the purpose of collective  
bargaining.  
8.06 Union Information  
On a quarterly basis, the Employer shall provide the Union with the name,  
address, telephone number, hire date, classification, employment status, and pay  
rate of Bargaining Unit members.  
ARTICLE 9 – APPOINTMENT  
9.01 Appointment Status  
An Employee shall be appointed on a permanent basis, or on a casual basis in  
accordance with Article 37.  
9.02 Probationary Period  
(c)  
(d)  
Notwithstanding Article 9.01, a newly hired Employee may be appointed to her  
position on a probationary basis for a period not to exceed 495 hours of time  
actually worked or ten (10) months, whichever is greater.  
A previous permanent Employee whose employment was terminated for any  
reason and who is re-employed in the same classification within twelve (12)  
months from the date of such termination shall not be required to undergo a  
second (2nd) probationary period.  
9.03 Confirmation of Permanent Appointment  
277  
(a)  
The Employer shall after a permanent Employee has served in a position on a  
probationary basis for the period in Article 9.02(a), confirm the appointment on a  
permanent basis.  
(b)  
9.04 Termination of Probationary Appointment  
(a)  
(b)  
The Employer may terminate a probationary appointment at any time.  
If the employment of an Employee appointed to a position on a probationary  
basis is to be terminated for reasons other than wilful misconduct or  
disobedience or neglect of duty, the Employer shall advise the Employee of the  
reasons in writing not less than ten (10) days prior to the date of termination.  
(c)  
The Employer shall notify the Union when a probationary Employee is  
terminated.  
9.05 Pay in Lieu of Termination Notice  
Where less notice in writing is given than required in Article 9.04(b), an Employee  
terminated in accordance with Article 9.04(b) shall continue to receive her pay for the  
number of days prior to the date of termination.  
9.06 Notification to the Union  
The Employer shall advise the Union of the appointment, termination, or change of  
status of each Employee in the Bargaining Unit in accordance with Article 8.06.  
9.07 Headings  
The headings in this Article are for ease of reference only and shall not be taken into  
account in the construction or interpretation of any provision to which they refer.  
9.08 Secondment  
278  
Where an Employee is being seconded from the Employer to a position involving the  
Health Sector of the Broader Public Sector, the terms and conditions of the secondment  
agreement will be established by agreement of the Employer and the Union.  
ARTICLE 10 - JOB POSTING  
Job Posting  
10.02  
(g)  
(h)  
When a new permanent position, a permanent vacancy, or a Long Assignment  
is created within the Bargaining Unit, the Employer shall post an electronic  
notice of such position. In work locations where electronic job postings are not  
possible or practical, a list of job postings will be placed in a visible location.  
(i)  
The posting of a permanent position or vacancy, shall be for a  
minimum of ten (10) days.  
(ii)  
The posting of a Long Assignment be for a minimum of five (5)  
days  
(i)  
(j)  
Should a Short Assignment not be able to be filled in accordance with Article  
38.07, the posting of a Short Assignment shall be for a minimum of five (5)  
days.  
The notice posted shall indicate:  
(i)  
the classification and work area;  
(ii)  
whether the posting is for a permanent position, or a Long or  
Short Assignment (if necessary);  
(iii)  
(iv)  
the expected duration of the Assignment; and  
whether the appointment is full-time or part-time, and any applicable  
part time designation;  
(v)  
an overview of the skills, abilities and qualifications required.  
(k)  
Only those postings which cannot be filled with a qualified Employee from the  
Bargaining Unit will be available for filling from outside the Bargaining Unit.  
279  
(l)  
Conditional Appointment  
Where the Employer deems it necessary to recruit employees from  
within the Bargaining Unit who do not meet the qualifications of the  
position but are currently enrolled in a program leading to meeting the  
qualifications in a reasonable time period as determined by the  
Employer, such employees may be appointed to the position on a  
training basis starting at the first step with the condition that the  
Employee obtain the required qualifications within that time period.  
Failure of the Employee to achieve the required qualifications within the  
agreed time period or any mutually agreed extension to such time  
period will result in the Employee being returned to their former  
position or to an equivalent position where their former position is not  
available. Notwithstanding any other provisions of this agreement, the  
Employer shall not be responsible for providing any financial  
assistance to the Employee to complete the program or obtain  
qualifications.  
10.02 Filling Vacancies or Assignments  
Where it is determined by the Employer that:  
(d)  
(e)  
two or more Bargaining Unit applicants for a position in a Bargaining Unit are  
qualified and  
those applicants are of equal merit, preference in filling the vacancy or  
Assignment shall be given to the applicant with the greatest length of  
seniority.  
(f)  
In the event that vacancy arises in the same position / classification title,  
within the same work area(s) and/or service within a three (3) month period  
of the closing date of the competition, the Employer is not required to post  
the vacancy. The position may be filled through a prior or existing  
competition within the three (3) month period.  
Notwithstanding the above, the Employer may award the position to the most  
senior applicant without conducting interviews.  
280  
(d)  
Positions will be awarded to the successful candidate as soon as is  
reasonably possible following the closing date for the job posting.  
10.03 Unsuccessful Candidate  
An unsuccessful applicant from the Bargaining Unit may, within 10 days of  
notification of the awarding of the position, make a request for an explanation as  
to why he/she was not granted the position. The Employer shall provide an  
explanation to the Employee as soon as practicable after receipt of the request.  
The time limit for the filing of a grievance under Step One of the Grievance  
Procedure shall run from the date the Employee receives the explanation from  
the Employer.  
10.04  
Trial Period  
Should the successful candidate for a posted vacancy be a current Employee, she will  
be placed in the position on a trial period for up to four hundred and ninety-five (495)  
hours. If she proves unsatisfactory in the new position, or chooses to return to her  
former position during the trial period, she will be returned to her former position and  
salary without any loss of seniority and any other Employee promoted or transferred  
because of the rearrangement of positions will be returned to her former position and  
salary without loss of seniority.  
10.05 Retention of Status  
A permanent Employee who successfully bids for a Long Assignment, or a Short  
Assignment (if posted), shall be entitled to retain her status as a permanent  
Employee, and shall be entitled to return to her former position. If the position no  
longer exists, the matter shall be referred to the Joint Committee on Technological  
Change.  
10.06 Grievance/Arbitration  
281  
Notwithstanding any other provision of this Agreement, for the purposes of this Article,  
an Employee has the right to grieve any filling of a vacancy or Assignment in the  
Bargaining Unit.  
10.07 Placement in New Position  
A successful internal applicant shall normally be placed in a new position within sixty  
(60) days of her appointment. If such placement does not occur within the sixty (60)  
day period due to operational requirements, the successful applicant will receive the  
higher rate of pay, where applicable, effective the forty-sixth (46th) day.  
10.08 Temporarily Working in a Position Outside the Bargaining Unit  
(e)  
(f)  
Where an Employee successfully competes for a position outside any  
bargaining unit of the Employer and takes an approved leave of up to 18  
months from his or her Bargaining Unit position to work in that position, the  
Employee has a right to return to his or her Bargaining Unit position at the  
expiry of the approved leave.  
While in the position outside any bargaining unit of the Employer, the  
Employee shall not pay Union dues nor shall the Union have a duty to  
represent the Employee in any matter arising out of his or her position outside  
the Bargaining Unit. However, the Union reserves the right to represent the  
Employee in relation to his/her right to return to his/her Bargaining Unit  
position.  
(g)  
(h)  
Should the Employee apply for another Bargaining Unit position in the  
Bargaining Unit while on an approved leave from his or her position, the  
Employee shall be considered an internal applicant.  
An Employee who is appointed to a position outside any bargaining unit of  
the Employer on an acting basis shall remain in the Bargaining Unit for the  
duration of the acting position unless the acting position extends beyond  
the time limits imposed by Article 32.20(d)  
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ARTICLE 11 - CHECKOFF  
11.01 Deduction of Union Dues and Assessments  
The Employer will, as a condition of employment, deduct an amount equal to the amount  
of the membership dues and assessments uniformly required to be paid by all members  
of the Union from the bi-weekly pay of all employees in the Bargaining Unit.  
11.02 Notification of Deduction  
The Union shall inform the Employer in writing of the authorized deduction to be checked  
off for employees mentioned in Article 11.01.  
11.03 Religious Exclusions  
Deductions for membership dues and assessments shall not apply to any Employee  
who, for religious reasons, cannot pay union dues and assessments, provided she  
makes a contribution equal to said union dues and assessments to some recognized  
charitable cause.  
11.04 Remittance of Union Dues and Assessments  
The amounts deducted in accordance with Article 11.01 shall be remitted to the  
Secretary-Treasurer of the Union by cheque within a reasonable time after  
deductions are made and shall be accompanied by particulars identifying each  
Employee and the deductions made on her behalf.  
11.05 Liability  
The Union agrees to indemnify and save the Employer harmless against any claim or  
liability arising out of the application of this Article except for any claim or liability arising  
out of an error committed by the Employer.  
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ARTICLE 12 - STEWARDS  
12.01 Recognition  
The Employer acknowledges the right of the Union to appoint employees as Stewards.  
12.02 Notification  
The Union agrees to provide the Employer with a list of employees designated as Chief  
Stewards and as Stewards for the Bargaining Unit.  
12.03 Servicing of Grievances  
It is understood that the Officers, Stewards and members of the Union have their regular  
work to perform on behalf of the Employer. It is acknowledged that grievances should be  
serviced as soon as possible and that if it is necessary to service a grievance during  
working hours, Stewards will not leave their jobs without giving an explanation for  
leaving and obtaining the Supervisor's permission. Permission will not be unreasonably  
withheld so long as operational requirements permit. The Steward shall report back to  
the Supervisor before resuming the normal duties of her position.  
ARTICLE 13 - TIME OFF FOR UNION BUSINESS  
13.01 Leave Without Pay  
Where operational requirements permit, and on reasonable notice, special leave without  
pay shall be granted to employees for Union business:  
(b)  
(b)  
as members of the Board of Directors of the NSGEU for the attendance at  
Board meetings;  
as members of the Council Negotiating Committees of the Council for the  
attendance at Committee Meetings;  
284  
(c)  
(d)  
(e)  
(f)  
as delegates to attend conventions of the Union’s affiliated bodies, including  
N.U.P.G.E., C.L.C., Nova Scotia Federation of Labour;  
as members of standing Committees of the Council for the attendance at  
meetings of standing Committees;  
as members of the Executive to attend Executive Meetings of the Nova Scotia  
Federation of Labour;  
for such other legitimate Union business as may be authorized by the Union such  
as, but not limited to, replacing Union staff, Union educational programs, etc.  
Such permission shall not be unreasonably withheld.  
13.02 Notification to Employer  
The Union shall notify the Employer of the names of the employees, including the  
department wherein the Employee is employed, who are members of the Board of  
Directors, the Union Executive and Council Committees.  
13.03 Salary Continuance  
The Employer will continue the salary and benefits coverage of an Employee who is  
granted leave without pay in accordance with Article 13.01 and will bill the relevant  
Union for the Employee’s salary. If the leave extends beyond three calendar months,  
the Employer will, from that point, bill the relevant Union 1.2 times the Employee’s  
salary until the leave is concluded.  
13.04 Annual Meeting/Collective Bargaining Workshop  
(a)  
Where operational requirements permit and on reasonable notice as provided in  
Article 13.04(b), the Employer shall grant leave with pay for a period not  
exceeding three (3) working days, and leave without pay for travelling time for  
such portion of the working day prior to and following the meeting as may be  
required, to employees who are elected or appointed as registered delegates to  
attend the Annual Meeting or the Collective Bargaining Workshop of the Union.  
Such permission shall not be unreasonably withheld. The Employer shall only  
285  
grant such leave for either the Annual Meeting or the Collective Bargaining  
Workshop in any one year. However, upon three (3) months advance written  
request, and if operational requirements permit, the Employer may grant leave as  
provided herein for both the Annual Meeting and the Collective Bargaining  
Workshop in the same year if neither were held in the previous year.  
(b)  
(c)  
The Union shall notify the Employer in writing of the names, including the  
department wherein the Employee is employed, of the registered delegates  
attending the Annual Meeting or the Collective Bargaining Workshop of the Union  
at least three (3) weeks in advance.  
Notwithstanding Article 13.05, the number of employees entitled to attend the  
Collective Bargaining Workshop shall not exceed two (2).  
13.05 Number of employees Eligible  
The number of employees of both the NSHA and the IWK, in the aggregate, eligible  
for special leave provisions under Articles 13.01 and 13.04 shall be in accordance with  
the numbers laid down in the Council’s Constitution.  
13.06 Contract and Essential Services Negotiations  
(a)  
Where operational requirements permit, and where reasonable notice is  
given, the Employer shall grant leave with pay for not more than ten (10)  
Council negotiating committee members in total between the NSHA and  
IWK for the purpose of attending contract negotiation meetings with the  
Employer.  
(b)  
Where operational requirements permit, and where reasonable notice is  
given, the Employer shall grant leave with pay for not more than ten (10)  
Council essential services committee members in total between NSHA and  
IWK for the purpose of attending Essential Services negotiation meetings  
with the Employer.  
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13.07 Arbitration and Joint Consultation  
Where operational requirements permit, and on reasonable notice, the Employer shall  
grant special leave with pay to employees who are:  
(a)  
(b)  
called as a witness by an Arbitration Board as prescribed by Article 26;  
meeting with management in joint consultation as prescribed by Article 27.  
13.08 Grievance Meetings  
Where operational requirements permit, and on reasonable notice, the Employer shall  
grant special leave with pay to an Employee for the purpose of attending grievance  
meetings with the Employer.  
13.09 No Loss of Service/ Seniority  
While on leave for Union business pursuant to this Article, an Employee shall continue to  
accrue and accumulate service and seniority credits for the duration of her leave, and  
her service and seniority shall be deemed to be continuous.  
13.10 Leave of Absence for the Full-time President  
Leave of absence for the full-time President of the Union shall be granted in accordance  
with the following:  
(a)  
(b)  
An Employee who declares her intention to offer for the position of President of  
the Union shall notify the Employer as soon as possible after declaring her  
intention to seek the office of the President.  
An Employee elected or appointed as President of the Union shall be given leave  
of absence without pay for the term(s) she is to serve.  
287  
(c)  
(d)  
A leave of absence for a second (2nd) and subsequent consecutive term(s) shall  
be granted in accordance with paragraph (a) and (b).  
For the purposes of paragraph (b) and (c), the leave of absence shall commence  
as determined by the Union, provided one month’s notice is provided to the  
Employer.  
(e)  
(f)  
All benefits of the Employee shall continue in effect while the Employee is  
serving as President, and, for such purposes, the Employee shall be deemed to  
be in the employ of the Employer.  
Notwithstanding paragraphs (b) and (e), the gross salary of the President shall  
be determined by the Union and paid to the President by the Employer, and the  
amount of this gross salary shall be reimbursed to the Employer by the Union.  
(g)  
(h)  
(i)  
Upon expiration of her term of office, the Employee shall be reinstated in the  
position she held immediately prior to the commencement of leave, or if the  
position no longer exists, to another position in accordance with this Agreement.  
Notwithstanding paragraph (b) or any provision of this Agreement to the contrary,  
the period of leave of absence shall be deemed to be continuous service with the  
Employer for all purposes.  
Notwithstanding the provisions of the Agreement, vacation earned but not used  
prior to taking office shall be carried over to be taken in the fiscal year in which  
the Employee returns from leave of absence.  
(k)  
The Union shall reimburse to the Employer the Employer’s share of contributions  
for EI premiums, Canada Pension Plan, other pension and group insurance  
premiums made on behalf of the Employee during the period of leave of  
absence.  
ARTICLE 14 - HOURS OF WORK  
288  
14.01 Hours of Work  
(a)  
Unless this Agreement provides otherwise, the hours of work shall be seventy-  
five (75) hours per bi-weekly period, normally consisting of ten (10) seven and  
one-half (7 ½) hour shifts.  
(b)  
Overtime Exception  
Where, during a regular scheduled shift rotation, an Employee may be required  
to work in excess of seventy-five (75) hours in a two-week (2) period, additional  
hours shall not constitute overtime in that two (2) week period, provided the  
hours of work average seventy-five (75) hours per two (2) weeks of each  
complete cycle of the shift rotation.  
(c)  
Rest Intervals between Scheduled Shifts  
With the exception of employees who are working shifts greater than seven and  
one-half (7 ½) hours, every reasonable effort shall be made by the Employer to  
avoid scheduling the commencement of a shift within sixteen (16) hours of the  
completion of the Employee’s previous shift. In addition to situations arising  
pursuant to Article 14.03, shift arrangements requested by the Employee(s) in  
writing and approved by the Employer, in variance to the foregoing, shall not  
constitute a violation of this provision.  
14.02 No Guarantee of Hours  
An Employee’s scheduled hours of work shall not be construed as guaranteeing the  
Employee minimum or maximum hours of work but is a basis for computing overtime.  
14.03 Deviations from Scheduled Hours  
It is recognized and understood that deviations from the regular schedules of work will  
be necessary and will unavoidably result from several causes, such as, but not limited  
to, leaves of absence, absenteeism, temporary shortage of personnel, and emergencies.  
Such deviations shall not be a violation of this Agreement.  
289  
14.04 Flexible Working Hours  
The Employer will, where operational requirements and efficiency of the service permit,  
authorize experiments with flexible working hours if the Employer is satisfied that an  
adequate number of employees have requested and wish to participate in such an  
experiment.  
14.05 Modified Work Week  
Where employees in a unit have indicated a desire to work a modified work week, the  
Employer may authorize experiments with modified work week schedule, providing  
operational requirements permit and the provision of services are not adversely affected.  
The averaging period for a modified work week shall not exceed three (3) calendar  
weeks, and the work day shall not exceed ten (10) hours.  
14.06 Return to Regular Times of Work  
In the event that a modified work week or flexible working hours system:  
(a)  
(b)  
(c)  
does not result in the provision of a satisfactory service to the public;  
incurs an increase in cost to the employing department; or  
is operationally impractical for other reasons;  
the Employer may require a return to regular times of work, in which case the employees  
shall be provided with sixty (60) calendar days’ advance notice of such requirement.  
14.07 Shift Duration  
(a)  
In the event that an existing shift duration  
(i)  
does not result in the provision of satisfactory service to the public; or  
is operationally impractical for other reasons;  
(ii)  
290  
the Employer will consult with the Union, with the view to minimizing any adverse  
effects that a change to existing shift duration may have on employees.  
(b)  
(c)  
The Employer will give the employees sixty (60) calendar days advance notice of  
the shift requirement; and invite expressions of interest.  
The expression of interest notice shall include the required:  
(i)  
number of employees;  
classification;  
(ii)  
(iii)  
abilities, experience, qualifications, special skills and physical fitness,  
where applicable, reflecting the functions of the job concerned; and  
(iv)  
shift duration.  
(d)  
(e)  
(f)  
If there are more qualified volunteers than required, preference in filling the  
positions shall be given to the employees with the greatest length of seniority.  
If there are fewer qualified volunteers than required, the Employer shall staff the  
shifts with qualified employees, in reverse order of seniority.  
Nothing in this Article precludes the Employer from:  
(i)  
maintaining any and all shift arrangements in effect prior to the signing of  
this Agreement;  
(ii)  
hiring employees to staff a specific shift duration;  
(iii)  
continuously assigning an Employee to a specific shift duration at the  
Employee’s request, where such continuing assignment is acceptable to  
the Employer.  
14.08 Meal Breaks and Rest Periods  
291  
For each seven and one-half (7 ½) hour shift, subject to the provisions of Article 14.09,  
the Employer shall provide an unpaid meal break of one-half (½) hour and paid rest  
periods totalling one-half (½) hour, not to be taken in less than two (2) breaks. The  
Employer shall schedule meal breaks in such a way that an Employee be permitted to  
leave her work area. Operational requirements may be such that these breaks may not  
be able to be taken off the premises. These breaks shall be prorated for shift duration.  
14.09 Recall From Meal Breaks and Rest Periods  
Should an Employee be recalled to duty during the designated meal break as provided  
in Article 14.08 and the entire meal break cannot be rescheduled during the shift, the  
meal break shall be deemed to be time worked and compensated for at the applicable  
overtime rate set out in Article 15. Should an Employee be recalled to duty during the  
time provided in Article 14.08, other than during the designated meal break, and time off  
equal to the difference between the break time taken and the total break allowance  
cannot be granted during the shift, the break time not taken because of recall to duty  
shall be considered as overtime and compensated for in accordance with the provisions  
of Article 15.  
14.10 Coverage  
The employees agree to maintain staff coverage which, in the opinion of the Employer,  
is adequate for all operational units during a shift change, meal breaks, and rest periods.  
14.11 Days Off  
During the two (2) week period employees shall, whenever possible, receive two (2)  
days off in each calendar week or four (4) days off in each two (2) week period. At least  
two (2) of the days off in the two (2) week period shall be consecutive days off.  
14.12 Consecutive Shifts  
(a)  
The Employer will endeavour, where possible, to provide that no Employee is  
scheduled to work more than seven (7) consecutive days in a two (2) week  
period. This does not preclude shift arrangements, acceptable to both the  
Employer and the Employee(s), in variance to the foregoing.  
292  
(b)  
Subject to the limitations of Article 14.03, the Employer shall provide that no  
Employee is scheduled to work more than five (5) consecutive evening shifts or  
five (5) consecutive night shifts in a two (2) week period. This does not preclude  
shift arrangements requested by the Employee, in writing, acceptable to both the  
Employer and the Employee(s) in variance to the foregoing.  
(c)  
(d)  
Unless mutually agreed otherwise, employees shall not be required to work  
more than a total of sixteen (16) hours (inclusive of regular hours and  
overtime hours) in a twenty-four hour period beginning at the first hour the  
Employee reports to work, except in emergency situations.  
An Employee who works more than sixteen (16) hours as set out in Article  
14.12 (c) shall be entitled to a rest interval of eight (8) hours before the  
commencement of her or his next shift. The rest interval shall not cause a  
loss of regular pay for the hours not worked on that shift. If mutually  
agreeable between the Employee and the Employer, arrangements in  
variance to the foregoing will be acceptable and will not constitute a  
violation of this Article.  
14.13 Posting of Shift Schedules  
(a)  
Shift and standby schedules shall be posted at least four (4) weeks in advance  
of the schedule to be worked and the schedule shall be for a minimum of two (2)  
weeks. The Employer shall make every reasonable effort not to change shifts. If  
the Employer changes the shift schedule within forty-eight (48) hours of the shift,  
the Employee(s) affected shall be entitled to overtime compensation for that shift.  
The Employer must inform employees of the shift changes made to the posted  
schedules.  
(b)  
When the Employer requires an Employee who is regularly scheduled to work  
Monday through Friday, to work on a weekend as part of her regular bi-weekly  
hours the Employer shall make every reasonable effort to provide the Employee  
with four (4) weeks’ notice, but in any case not less than two (2) weeks’ notice of  
the weekend work.  
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14.14 Exchange of Shifts  
Provided advance notice is given, which notice in the opinion of the Employer is deemed  
sufficient, and with the approval of the Employer, employees may exchange shifts,  
where operational requirements permit, and there is no increase in cost to the Employer.  
14.15 Week-ends Off  
Where operational requirements permit, the Employer will endeavour to provide each  
Employee one (1) weekend off in two (2), but in no case shall there be less than one (1)  
week-end off in three (3).  
Arrangements and modifications to same in variance to the foregoing may be mutually  
agreed upon between the Employer and the Employee.  
14.16 Split Shifts  
No shift shall be split for a period longer than the regularly scheduled meal and rest  
periods as provided for in Article 14.08.  
14.17 Rotation of Shifts  
employees required to work rotating shifts (day, evening and night duty) shall be  
scheduled in such a way as to, as equitably as possible, assign the rotation equally. This  
does not preclude an Employee from being continuously assigned to an evening or night  
shift at the Employee’s request where such continuing assignment is acceptable to the  
Employer.  
14.18 Conversion of Hours  
Except as otherwise provided in this Agreement, the following paid leave benefits will be  
converted to hours on the basis of one day’s benefit being equivalent to 1/10 of the  
regular bi-weekly hours for the Employee’s classification:  
Calculation of Service related benefits under Article 1.02(b)  
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Leave for Adoption of Child  
Annual Vacation Entitlement  
Sick Leave  
Vacation Carry Over  
Paid Holidays under Article 18.01  
Rest Periods  
Bereavement Leave  
Acting Pay - Qualifying Period  
Leave for Birth of Child  
14.19 Headings  
The headings in this Article are for ease of reference only and shall not be taken into  
account in the construction or interpretation of any provision to which they refer.  
ARTICLE 15 – OVERTIME  
15.01 Definitions  
In this Article and Article 18:  
(a)  
(b)  
“overtime” means authorized work in excess of an Employee's regular work day  
or normal bi-weekly hours for employees whose hours of work are set out in  
Article 14.01.  
“time and one-half” means one and one-half (1 ½) times the straight time rate  
calculated by the formula:  
bi-weekly rate x 1 ½  
normal bi-weekly hours  
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(c)  
"double time" means two (2) times the straight time rate calculated by the  
formula:  
bi-weekly rate x 2  
normal bi-weekly hours  
15.02 Allocation and Notice of Overtime  
Subject to the operational requirements of the service, the Employer shall make every  
reasonable effort:  
(a)  
(b)  
to allocate overtime work on a fair and equitable basis among readily available  
and qualified employees; and  
to give employees who are required to work overtime, adequate advance notice  
of this requirement.  
15.03 Union Consultation  
The Union is entitled to consult the Employer or its representative, whenever it is alleged  
that employees are required to work unreasonable amounts of overtime.  
15.04 Overtime Compensation  
Time worked in addition to the regular scheduled shifts or time worked in a bi-weekly pay  
period that is in excess of the bi-weekly hours shall be compensated at the rate of one  
and one half (1½T) times the regular hourly rate for the overtime worked. An Employee  
who works in excess of four (4) hours overtime in any one day shall be compensated at  
the rate of two times (2T) the regular hourly rate for the overtime worked which shall  
include the first four (4) hours at double time.  
15.05 Overtime Eligibility  
296  
An Employee must work at least fifteen (15) minutes beyond her normal shift before  
being eligible for overtime compensation.  
15.06 Overtime Meal Allowance  
An Employee, who is required to work a minimum of three (3) hours' overtime  
immediately following her scheduled hours of work and where it is not practical for her to  
enjoy her usual meal time before commencing such work, shall be granted reasonable  
time with pay, as determined by the Employer, in order that she may take a meal break  
either at or adjacent to her place of work. Under such conditions she shall be provided a  
voucher for one (1) meal in the amount of $15.00 or where meal service is unavailable,  
the Employee will receive reimbursement in the amount of $15.00 through the payroll  
system.  
15.07 Computation of Overtime  
In computing overtime a period of thirty (30) minutes or less shall be counted as one-half  
(½) hour and a period of more than thirty (30) minutes but less than sixty (60) minutes  
shall be counted as one (1) hour.  
15.08 Form of Compensation  
Compensation for overtime shall be paid except where, upon request of the Employee,  
and with the approval of the Employer, or its representative, overtime may be granted in  
the form of time off in lieu of overtime hours worked.  
15.09 Time Off in Lieu of Overtime  
Employees may be permitted to continuously carry an accumulation of up to  
seventy-five (75) hours. The Employer shall divide the year into four (4)  
quarters. At the end of each quarter, the Employer may payout any unused  
overtime down to seventy-five (75) hours.  
15.10 Carry Over of Overtime  
297  
Notwithstanding Article 15.10, an Employee may request to have accumulated overtime  
carried over for a maximum of twelve (12) months. Such a request shall not be  
unreasonably denied. If time off with pay in lieu of overtime hours has not been granted  
prior to the end of this time, compensation for overtime shall be paid.  
15.11 No Layoff to Compensate for Overtime  
An Employee shall not be subject to layoff by the Employer during regularly scheduled  
hours of work, established in accordance with Article 14, in order to equalize any  
overtime worked.  
15.12 Daylight Saving Time  
The changing of Daylight Saving Time to Standard Time, or vice versa, shall not result in  
employees being paid more or less than their normal scheduled daily hours. The hour  
difference shall be split between the employees completing their shift and those  
commencing their shift.  
15.13 Call-In  
(a)  
An Employee required to report back to work after leaving the premises of the  
work location following completion of a shift, but before the commencement of  
the next shift, except as required under Article 16, or called back to work on a  
day the Employee is not scheduled to work, except as required under Article 16,  
shall be granted a minimum of four (4) hours pay at straight time rates or the  
applicable overtime rate, whichever is greater. The minimum guarantee of four  
(4) hours pay shall not apply to part-time employees who are offered additional  
hours for a period of less than four (4) hours.  
(b)  
An Employee on the Employer’s premises prior to the commencement of her  
shift, who is requested to begin work by the Employer, shall be eligible for  
overtime rates for that period of time before her actual shift is scheduled to begin.  
15.14 Compensation for Performing Other Duties  
When an Employee is required to work overtime and during the overtime hours performs  
duties of a classification other than the duties of her regular classification, she will be  
compensated for the overtime worked at the rate applicable to the duties performed  
during the overtime but shall in no case be paid a rate lower than her regular overtime  
rate.  
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ARTICLE 16 - STANDBY AND CALLBACK  
16.01 Standby Compensation  
(c)  
(d)  
employees who are required by the Employer to standby shall receive standby  
pay of sixteen dollars and twenty-one cents ($16.21) for each standby period  
of eight (8) hours or less.  
employees who are required by the Employer to standby on a Holiday as listed  
in Article 18, shall receive standby pay of thirty two dollars and forty cents  
($32.40) for each standby period of eight (8) hours or less.  
16.05 Employee Availability  
(e)  
(f)  
An Employee designated for standby duty shall be available during her period  
of standby duty at a known telephone number or pager number and be able to  
report for duty as quickly as possible if called.  
The Employer, at its own expense, will supply pagers to members of the  
Bargaining Unit who are designated for standby duty.  
16.06 Failure to Report  
No compensation shall be granted for the total period of standby if the Employee is  
unable to report for duty when required.  
16.07  
Callback Compensation  
(e) An Employee who is called back to work and who reports for work shall be compensated  
for a minimum of four (4) hours at the straight time rate for the period worked, or at the  
applicable overtime rate, whichever is greater. The minimum guarantee of four (4) hours  
pay at the straight time rate shall apply only once during each eight (8) consecutive hours  
on standby.  
(f) When a part-time Employee is not scheduled to work but is required by the Employer to  
standby, the day(s) on standby shall be considered as the Employee’s rest day(s) and  
shall be compensated for all call back as overtime in accordance with Article 15 or a  
minimum of four (4) hours at the straight time rate, whichever is greater.  
299  
(g) Stand-by shall not be forfeited in the event of a call back.  
(h) The Employer will make reasonable efforts to divide standby opportunities equitably  
among qualified permanent employees and for casual employees in long or short  
assignments. Notwithstanding the above, qualified casual employees can be added to  
the rotation(s) if in the opinion of the Employer, there are not enough permanent  
employees able to be scheduled for stand-by on a unit or in a department as appropriate.  
16.05 Transportation Allowance and Parking for Callback  
employees called back shall be reimbursed for transportation to and from the work  
place to a maximum of ten dollars ($10.00) per call each way. When employees are  
called back to work at a site which is not their home base, he or she will receive the  
kilometer rate or ten dollars ($10.00) each way, whichever is greater. An Employee  
who is called back to work and who reports for work shall be reimbursed for parking  
costs.  
16.06 Rest Interval After Callback  
The Employer shall provide at least six hours between the time an Employee  
completes a period of callback and the commencement of the Employee’s next  
scheduled shift. During an eight (8) hour period of standby, if the first callback is within  
two (2) hours of the commencement of the next scheduled shift, the Employee shall not  
be entitled to a six hour rest interval. If mutually agreeable between the Employee and  
the Employer, arrangements in variance to the foregoing will be acceptable and will not  
constitute a violation of this Article.  
16.07 Compensation Where Rest Interval Not Taken  
Subject to Article 16.06, where, because operational requirements do not permit or  
where mutually agreeable variations between the Employee and the Employer are not  
acceptable, the six rest period, pursuant to Article 16.06, cannot be accommodated, the  
hours worked from the commencement of the regular shift to the end of the period on  
which the rest period would normally end shall be compensated at the rate of time and  
one-half (1 ½T).  
16.08 Remote Consulting on Stand-by  
300  
Employees on Stand-by who provide telephone and/or online consulting support  
shall, in addition to the Standby pay set out in Article 16.01, be paid the greater of:  
(c) the total actual time spent on the phone or online consulting during the Standby  
period at the applicable overtime rate or  
(d) thirty (30) minutes per incident at the Employee’s regular hourly rate.  
ARTICLE 17 – VACATIONS  
17.01 Annual Vacation Entitlement  
(a)  
An Employee shall be entitled to receive annual vacation leave with pay:  
(i)  
each year during her first forty-eight (48) months of service at the rate of  
one and one-quarter (1 1/4) days for each month of service; and  
(ii)  
(iii)  
each year after forty-eight (48) months of service at the rate of one and  
two-thirds (1 2/3) days for each month of service; and  
each year after one hundred and sixty-eight (168) months of service at  
the rate of two and one-twelfth (2-1/12) days for each month of service;  
and  
(iv)  
each year after two hundred and eighty-eight (288) months of service at  
the rate of two and one half (2 ½) days for each month of service.  
(b)  
An Employee who, as of February 19, 2001, has earned entitlement to more  
vacation than provided for in Article 17.01(a) of the collective agreement by virtue  
of her terms and conditions of employment with a predecessor employer shall  
301  
retain that entitlement. Any future increase in vacation entitlement for such  
employees shall be pursuant to Article 17.01(a).  
17.02 Vacation Year  
The vacation year shall be April 1 to March 31, inclusive.  
17.03 Authorization  
An Employee shall be granted vacation leave at such time during the year as the  
immediate management supervisor determines.  
17.04 Vacation Scheduling  
(a)  
Except as otherwise provided in the Agreement, vacation leave entitlement shall  
be used within the year in which it is earned. The Employee shall advise the  
immediate management supervisor in writing of her vacation preference as soon  
as possible for the following vacation year but by February 1st for vacations in  
the period April 1st to September 30th and shall include requests for  
vacations during the December holiday period (December 16 to January 4)  
and/or March Break vacations for the following year and by August 1st for  
vacations in the period October 1st to March 31st. The Employer will post  
approved vacation in writing by March 15th and September 15th  
respectively.  
(b)  
(c)  
Preference in vacation schedule shall be given to those employees with greater  
length of seniority.  
After the vacation schedule is posted, if operational requirements permit  
additional Employee(s) to be on vacation leave, such leave shall be offered to  
employees on a work unit by seniority to those employees who may have  
requested the leave but were denied the leave for their request submitted before  
February 1st or August 1st . Any additional vacation shall be granted on a first  
come, first serve basis.  
17.05 Employee Request  
Subject to the operational requirements of the service, the Employer shall make every  
reasonable effort to ensure that an Employee's written request for vacation leave is  
302  
approved. Where, in scheduling vacation leave, the Employer is unable to comply with  
the Employee's written request, the immediate management supervisor shall:  
(a)  
(b)  
give the reason for disapproval; and  
make every reasonable effort to grant an Employee's vacation leave in the  
amount and at such time as the Employee may request in an alternative request.  
Where operational requirements necessitate a decision by the Employer to place a  
restriction on the number of employees on vacation leave at any one time, preference  
shall be given to the employees with the greatest length of seniority.  
17.06 Restriction on Numbers of employees on Vacation  
(a)  
(b)  
(c)  
During the peak vacation period, commencing the second full week of June and  
ending after the second full week of September of each year, preference for a  
period of up to two (2) complete weeks of unbroken vacation shall be given to  
employees with the greatest length of seniority. To exercise this preference, an  
Employee need not pick consecutive weeks.  
After each Employee has been granted vacation in accordance with Article  
17.06(a), all remaining vacation entitlement shall be granted in accordance with  
seniority. Once seniority has been exercised for the period of up to two (2)  
complete weeks, remaining requests will be granted by seniority, i.e. all second  
requests and then all third requests.  
After the vacation schedule is posted, if operational requirements permit  
additional employees to be on vacation leave, such leave shall be offered by  
seniority to employees provided the employees requested that time in  
accordance with Article 17.04(a).  
17.07 Unbroken Vacation  
Except during the period of time referred to in Article 17.06, where operational  
requirements permit, the Employer shall make every reasonable effort to grant to an  
303  
Employee her request to enjoy her vacation entitlement in a single unbroken period of  
leave.  
17.08 Vacation Carry Over  
(a)  
Except as otherwise provided in this Agreement, vacation leave for a period of  
not more than five (5) days may, with the consent of the immediate management  
supervisor, be carried over to the following year, but shall lapse if not used before  
the close of that year. Request for vacation carry over entitlement shall be made  
in writing by the Employee to the immediate management supervisor not later  
than January 31st of the year in which the vacation is earned, provided however  
that the immediate management supervisor may accept a shorter period of notice  
of the request. The immediate management supervisor shall respond in writing  
within one (1) calendar month of receiving an Employee’s request.  
(b)  
An Employee scheduled to take vacation and who is unable to do so within the  
vacation year due to illness, injury, or where operational requirements  
prevent the immediate management supervisor from scheduling vacation  
shall be entitled to carry over this unused vacation to the subsequent year.  
17.09 Accumulative Vacation Carry Over  
An Employee, on the recommendation of the immediate management supervisor and  
with the approval of the Employer, may be granted permission to carry over five (5) days  
of her vacation leave each year to a maximum of twenty (20) days, if in the opinion of the  
immediate management supervisor, it will not interfere with the efficient operation of the  
Department.  
17.10 Use of Accumulated Vacation Carry Over  
The vacation leave approved pursuant to Article 17.09 shall be used within five (5) years  
subsequent to the date on which it was approved and shall lapse if not used within that  
period unless the immediate management supervisor recommends that the time be  
extended and the recommendation is approved by the Employer.  
17.11 Borrowing of Unearned Vacation Credits  
With the approval of the Employer, an Employee who has been employed for a period of  
five (5) or more years may be granted five (5) days from the vacation leave of the next  
subsequent year.  
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17.12 Employee Compensation Upon Separation  
An Employee, upon her separation from employment, shall be compensated for vacation  
leave to which she is entitled.  
17.13 Employer Compensation Upon Separation  
An Employee, upon her separation from employment, shall compensate the Employer  
for vacation which was taken but to which she was not entitled.  
17.14 Vacation Credits Upon Death  
When the employment of an Employee who has been granted more vacation with pay  
than she has earned is terminated by death, the Employee is considered to have earned  
the amount of leave with pay granted to her.  
17.15 Vacation Records  
An Employee is entitled to be informed, upon request, of the balance of her vacation  
leave with pay credits.  
17.16 Recall from Vacation  
The Employer will make every reasonable effort not to recall an Employee to duty after  
she has proceeded on vacation leave or to cancel vacation once it has been approved.  
17.17 Reimbursement of Expenses upon Recall  
Where, during any period of approved vacation, an Employee is recalled to duty, she  
shall be reimbursed for reasonable expenses, subject to the provisions of Article 28, that  
she incurs:  
(d)  
(e)  
in proceeding to her place of duty;  
in returning to the place from which she was recalled if she immediately resumes  
vacation leave upon completing the assignment for which she was recalled; and  
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(f)  
if an Employee’s vacation is approved and then cancelled by the Employer  
causing the Employee to lose a monetary deposit on vacation  
accommodations and/or travel and providing the Employee does  
everything reasonably possible to mitigate the loss, and providing the  
Employee notifies the Employer that the monetary deposit will be forfeited,  
the Employer will reimburse the Employee for the monetary deposit.  
In addition to the above, an Employee shall be compensated at two (2) times her regular  
rate of pay for time worked during the period of recall from vacation.  
17.18 Reinstatement of Vacation Upon Recall  
The period of vacation leave so displaced resulting from recall and transportation time in  
accordance with Articles 17.16 and 17.17, shall either be added to the vacation period, if  
requested by the Employee and approved by the Employer, or reinstated for use at a  
later date.  
17.19 Illness During Vacation  
Accumulated sick leave credits may be substituted for hours of vacation  
interrupted where it can be established by the Employee to the satisfaction of the  
Employer that an illness or accident occurred prior to the commencement of the  
vacation and that the illness or the accident was such that the vacation plans of  
the Employee were interrupted.  
ARTICLE 18 – HOLIDAYS  
18.02 Paid Holidays  
The holidays designated for employees shall be:  
(d)  
(e)  
(b)  
New Year's Day  
Heritage Day  
Good Friday  
(c)  
(d)  
(e)  
Easter Monday  
Victoria Day  
Canada Day  
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(f)  
Labour Day  
(g)  
(h)  
(i)  
Thanksgiving Day  
Remembrance Day  
Christmas Day  
Boxing Day  
(j)  
(k)  
One (1) additional day in each year that, in the opinion of the Employer, is  
recognized to be a federal, provincial or civic holiday in the area in which the  
Employee is employed, or, in any area where, in the opinion of the Employer, no  
such additional day is recognized as a provincial or civic holiday, the first Monday  
in August.  
(l)  
one-half (½) day beginning at 12:00 noon on Christmas Eve Day  
(m)  
any other day or part of a day declared by the Government of Canada or the  
province of Nova Scotia to be a general holiday.  
18.02 Exception  
Article 18.01 does not apply to an Employee who is absent without pay on both the  
working day immediately preceding and the working day following the designated  
holiday.  
18.03 Holiday Falling on a Day of Rest  
When a day designated as a holiday coincides with the Employee’s day of rest, the  
Employer shall grant the holiday with pay on either:  
(a)  
(b)  
the working day immediately following her day of rest; or  
the day following the Employee’s annual vacation; or  
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(f)  
another mutually acceptable day between the Employer and the Employee; or  
paid, if mutually agreed.  
(g)  
18.04 Holiday Coinciding with Paid Leave  
Where a day that is a designated holiday for an Employee as defined in Article 18.01,  
falls within a period of leave with pay, the holiday shall not count as a day of leave.  
18.05 Compensation for Work on a Holiday  
(a)  
Where an Employee is regularly scheduled to work, in accordance with Article  
14, and her regularly scheduled day of work falls on a paid holiday, as defined in  
Article 18.01, she shall receive compensation equal to two and one-half (2 ½)  
times her regular rate of pay as follows:  
(i)  
compensation at one and one-half (1½) times her regular rate of pay,  
including the holiday pay, for the hours worked on the holiday; and  
(ii)  
time off with pay in lieu of the holiday on an hour-for-hour basis at a  
mutually acceptable time in accordance with Article 18.11.  
(b)  
Where time off with pay in lieu of the holiday has not been granted in accordance  
with Article 18.05(a)(ii), compensation shall be granted at the Employee’s regular  
rate of pay for those hours worked on the holiday.  
18.06 Overtime on a Holiday  
(a)  
Where an Employee is required to work overtime on a paid holiday, as defined in  
Article 18.01, she will receive compensation equal to 3.33 times her regular rate  
as follows:  
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(i)  
compensation at 2.33 times her regular rate of pay, including the holiday  
pay, for the hours worked on the holiday; and  
(ii)  
time off with pay in lieu of the holiday on an hour for hour basis at a  
mutually acceptable time in accordance with Article 18.11.  
(b)  
Where time off with pay in lieu of the holiday has not been granted in accordance  
with Article 18.06 (a)(ii), compensation shall be granted at the Employee’s  
regular rate of pay for those hours worked on the holiday.  
18.07 Religious Day in Lieu  
An Employee who is entitled to time off with pay in lieu of Good Friday, Easter Monday,  
Christmas and/or Boxing Day pursuant to Article 18.03 (c), 18.05 (a) (ii) and/or 18.06 (a)  
(ii) may take such time with pay in lieu at a time that permits her to observe a holy day of  
her own faith. The Employee shall advise her immediate management supervisor in  
writing of her desire to take such day(s) off in lieu as soon as possible but before March  
1st in each year and the immediate management supervisor will endeavour to grant the  
request where operational requirements permit.  
18.08 Time Off in Lieu of Holiday  
In no case shall the total time off in lieu of a holiday referred to in 18.05 (a) (ii), 18.06 (a)  
(ii) and 18.07 above exceed the equivalent of one complete shift.  
18.09 Christmas or New Year’s Day Off  
(a)  
Each Employee shall receive either Christmas Day or New Year’s Day off,  
unless otherwise mutually agreed. In addition, the Employer will make  
every reasonable effort to schedule an Employee in such a manner that  
they do not work the same holiday (Christmas Day or New Year’s Day) that  
they worked the previous year, unless otherwise mutually agreed. Subject  
to operational requirements, employees who have Christmas Day or New  
Year’s Day scheduled off may also have December 24th or December 31st  
respectively scheduled off.  
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(b)  
Every effort will be made to give at least two (2) other holidays off on the actual  
day of the holiday.  
18.10 Illness on a Paid Holiday  
(a)  
An Employee who is scheduled to work on a paid holiday, as defined in  
Article 18.01, and who is unable to report for work due to illness or injury, shall  
receive sick leave pay for that day, and shall be granted time off in lieu of the  
holiday at a mutually acceptable time prior to the end of the second (2nd)  
calendar month immediately following the month in which the holiday fell.  
(b)  
Where time off with pay in lieu of the holiday has not been granted in  
accordance with Article 18.10(a), compensation shall be granted at the  
Employee’s regular rate of pay for those hours.  
18.11 Carry Over of Banked Holiday Time  
employees may be permitted to continuously carry an accumulation of up to  
twenty-two-and-one-half (22.5) hours of banked Holiday time. The Employer shall  
divide the year into four (4) quarters. At the end of each quarter, the Employer may  
pay out any unused banked holiday time down to twenty-two-and-one-half (22.5)  
hours.  
18.12 Time Off in Lieu for Part-time and Job Share employees  
Where a part-time Employee or an Employee in a job sharing arrangement works on a  
holiday, in addition to compensation at the applicable rate, she will receive time off with  
pay in lieu of the holiday, on an hour for hour basis, in accordance with Article 18.11.  
For purposes of clarity it is understood that a part-time Employee or an Employee in a  
job sharing arrangement would receive time off in lieu of the holiday in the amount of 7.5  
hours for 7.5 hours worked and 11.25 hours for 11.25 hours worked.  
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ARTICLE 19 – LEAVES  
19.01 Special Leave  
The Employer, in any one year, may grant to an Employee:  
(a)  
(b)  
special leave without pay for such a period as it deems circumstances warrant;  
special leave with pay for reasons other than those covered by 19.02 to 19.11  
inclusive, for such period as it deems circumstances warrant.  
19.02 Bereavement Leave  
(d)  
If a death occurs in the Employee’s immediate family when the Employee is at  
work, the Employee shall be granted leave with pay for the remainder of her  
scheduled shift. The Employee shall also be granted seven (7) calendar days’  
leave of absence effective midnight following the death and shall be paid for all  
shifts the Employee is scheduled to work during that seven (7) calendar day  
period. In any event, the Employee shall be entitled to thirty-seven and one-half  
(37 ½) consecutive hours paid leave, even if this extends past the seven (7)  
calendar days leave. “Immediate Family” is defined as the Employee’s father,  
mother, guardian, brother, sister, spouse, child, father-in-law, mother-in-law, son-  
in-law, daughter-in-law, step-child or ward of the Employee, grandparent or  
grandchild of the Employee, step-mother, step-father, step-sister, step-brother,  
step-grandparent, step-grandchild, and a relative permanently residing in the  
Employee’s household or with whom the Employee permanently resides. For  
employees whose hours of work are seventy (70) hours bi-weekly or eighty (80)  
hours bi-weekly the entitlement shall be thirty-five (35)/forty (40) consecutive  
hours paid leave, even if this extends past the seven (7) calendar days.  
The “in-law” and “step-relative” relationships referred to in this provision will only  
be considered “immediate family” in cases where it is a current relationship at the  
time of the death, otherwise eligibility will be determined in accordance with  
paragraph (c) below.  
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(e)  
In the event that the funeral or interment for any of the Immediate Family does  
not take place within the period of bereavement leave provided but occurs later,  
the Employee may defer the final day of his or her bereavement leave without  
loss of regular pay until the day of the funeral or internment. The Employee shall  
notify the Employer of this deferment at the time of the bereavement leave.  
(f)  
Every Employee shall be entitled to leave with pay up to a maximum of three (3)  
days in the event of death of the Employee's brother-in-law or sister-in-law,  
where the relationship is current at the time of death.  
(d)  
Every Employee shall be entitled to one (1) day leave without pay, for the  
purpose of attending the funeral of an Employee’s aunt or uncle, niece or  
nephew, or the grandparents of the spouse of the Employee. An Employee may  
be granted up to two (2) days for travel without pay for the purposes of attending  
the funeral. The Employee may elect that such bereavement leave be paid by  
charging the time to the Employee’s accumulated vacation, accumulated holiday,  
or accumulated overtime.  
(e)  
(f)  
The above entitlement is subject to the proviso that proper notification is made to  
the Employer.  
If an Employee is on holiday, vacation or sick leave or using time in lieu at the  
time of bereavement, the Employee shall be granted bereavement leave and be  
credited the appropriate number of days to her appropriate bank.  
19.03 Court Leave  
Leave of absence with pay shall be given to every Employee, other than an Employee  
on leave of absence without pay or under suspension, who is required:  
(a)  
(b)  
to serve on a jury (including the time spent in the jury selection process); or  
by subpoena or summons to attend as a witness in any proceeding held:  
(i)  
in or under the authority of a court; or  
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(ii)  
before an arbitrator or umpire or a person or body of persons authorized  
by law to make an inquiry and to compel the attendance of witnesses  
before it; or  
(iii)  
before a legislative council, legislative assembly or any committee thereof  
that is authorized by law to compel the attendance of witnesses before it.  
(c)  
(d)  
Any employee given leave of absence with pay pursuant to Article 18.03  
shall remit to the Employer any monies received for such duty except  
reimbursement of actual expenses.  
Any employee who is required to serve under Article 18.03(b) as a result  
of the functions they fill on behalf of the Employer shall suffer no loss of  
days of rest or vacation and shall have these rescheduled to a mutually  
acceptable time.  
(e)  
For greater clarity, the term "witness" in 18.03(b) shall not include the  
appearance of the employees as a defendant or a plaintiff.  
19.04 Jury Compensation  
Any Employee given leave of absence with pay to serve on a jury pursuant to Article  
19.03 shall have deducted from her salary an amount equal to the amount that the  
Employee receives for such jury duty after deduction of reasonable expenses.  
19.05 Selection/Promotion Process Leave  
When an Employee participates in an Employer personnel selection or promotion  
process, she shall be granted a leave of absence with pay for the period during which  
the Employee's presence is required for purposes of the selection or promotion process.  
Such leave of absence shall be requested by the Employee of her immediate  
management supervisor as soon as the requirement of her presence is known.  
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19.06 Pregnancy Leave  
(a)  
(b)  
(c)  
(d)  
The Employer shall not terminate the employment of an Employee because of  
her pregnancy.  
A pregnant Employee is entitled to an unpaid leave of absence of up to  
seventeen (17) weeks.  
An Employee shall, no later than the fifth (5th) month of pregnancy, forward to  
the Employer a written request for pregnancy leave.  
The Employer may, prior to approving such leave, request a certificate from a  
legally qualified medical practitioner stating that the Employee is pregnant and  
specifying the expected date of delivery.  
(e)  
(f)  
Pregnancy leave shall begin on such date as the Employee determines, but not  
sooner than sixteen (16) weeks preceding the expected date of delivery, and not  
later than the date of delivery.  
Pregnancy leave shall end on such date as the Employee determines, but not  
sooner than one (1) week after the date of delivery, and not later than seventeen  
(17) weeks after the pregnancy leave began.  
(g)  
A pregnant Employee shall provide the Employer with at least four (4) weeks  
notice of the date she will begin her pregnancy leave. Such notice may be  
amended from time to time by the Employee:  
(i)  
by changing any date in the notice to an earlier date if the notice is  
amended at least two (2) weeks before that earlier date;  
(ii)  
by changing any date in the notice to a later date if the notice is amended  
at least two (2) weeks before the original date.  
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(h)  
An Employee shall endeavour to provide the Employer with four (4) weeks’  
notice, and in any event, shall not provide less than two (2) weeks’ notice of the  
date the Employee will return to work on completion of the pregnancy leave,  
unless the Employee gives notice pursuant to Article 19.07(f).  
(i)  
Where notice as required under Article 19.06(g) or (h) is not possible due to  
circumstances beyond the control of the Employee, the Employee shall provide  
the Employer as much notice as reasonably practicable of the commencement of  
her leave or her return to work.  
(j)  
The Employer may require a pregnant Employee to take an unpaid leave of  
absence while the duties of her position cannot reasonably be performed by a  
pregnant woman or the performance of the Employee’s work is materially  
affected unless the Employer can reasonably modify the Employee’s duties for  
the period required or temporarily re-assign the Employee to alternate duties or  
another classification. The Union shall support any modification of duties or  
temporary re-assignment as provided in this provision.  
(k)  
Where an Employee reports for work upon the expiration of the period referred to  
in Article 19.06(f), the Employee shall resume work in the same position she held  
prior to the commencement of the pregnancy leave, with no loss of seniority or  
benefits accrued to the commencement of the pregnancy leave. Where the  
position no longer exists, the matter shall be referred to the Joint Committee on  
Technological Change.  
(l)  
While on pregnancy leave, an Employee shall continue to accrue and  
accumulate service and seniority credits for the duration of her leave, and her  
service and seniority shall be deemed to be continuous. However, service  
accumulated during pregnancy leave shall not be used for the purposes of  
calculating vacation leave credits. For the purposes of calculating vacation leave  
credits during the year in which pregnancy leave is taken, one (1) month of  
service shall be credited to an Employee who does not receive salary for a total  
of seventeen (17) days or more during the first and last calendar months of the  
pregnancy leave granted under Article 19.06(b).  
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(m)  
(n)  
Leave for illness of an Employee arising out of or associated with the Employee’s  
pregnancy prior to the commencement of, or the ending of, pregnancy leave  
granted in accordance with Article 19.06(b), may be granted sick leave in  
accordance with the provisions of Article 21.  
Pregnancy/Birth Leave Allowance  
(i)  
An Employee entitled to pregnancy leave under the provisions of this  
Agreement and who has completed the probationary period required  
by Article 9.02 (a) or has successfully applied for a position at the  
IWK from a permanent position at the NSHA who provides the  
Employer with proof that she has applied for, and is eligible to receive  
employment insurance (E.I.) benefits pursuant to Section 22, Employment  
Insurance Act, S.C. 1996, c.23, shall be paid an allowance in accordance  
with the Supplementary Employment Benefit (S.E.B.).  
(ii)  
In respect to the period of pregnancy leave, payments made according to  
the S.E.B. Plan will consist of the following:  
(3)  
where the Employee is subject to a waiting period of one (1) week  
before receiving E.I. benefits, one (1) payments equivalent to  
seventy-five percent (75%) of their weekly rate of pay less any  
other earnings received by the Employee during the benefit  
period;  
(4)  
Where the Employee has served the one (1) week waiting period  
in Article 19.06(n)(ii)(1), one (1) additional payment equivalent to  
the difference between the weekly E.I. benefit, the Employee is  
eligible to receive and ninety-three percent (93%) of their weekly  
rate of pay, less any other earnings received by the Employee  
during the benefit period which may result in a decrease in the E.I.  
benefits to which the Employee would have been eligible if no  
other earnings had been received during that period.  
(3)  
Up to a maximum of five (5) additional weeks, payments  
equivalent to the difference between the weekly E. I. benefits the  
Employee is eligible to receive and ninety-three per cent (93%) of  
her weekly rate of pay, less any other earnings received by the  
Employee during the benefit period which may result in a  
316  
decrease in the E. I. benefits to which the Employee would have  
been eligible if no other earnings had been received during the  
period.  
(iii)  
For the purpose of this allowance, an Employee’s weekly rate of pay will  
be one-half (½) the bi-weekly rate of pay to which the Employee is  
entitled for her classification on the date immediately preceding the  
commencement of her pregnancy leave. In the case of a part-time  
Employee, such weekly rate of pay will be multiplied by the fraction  
obtained from dividing the Employee’s time worked (as defined for the  
purpose of accumulating service) averaged over the preceding twenty-six  
(26) weeks by the regularly scheduled full-time hours of work for the  
Employee’s classification. For the purpose of this calculation the hours  
used for a part-time Employee shall be the actual hours paid, or the hours  
based on the current appointment status of the part-time Employee as a  
percentage of full-time hours, whichever is greater.  
(iv)  
(v)  
Where an Employee becomes eligible for a salary increment or pay  
increase during the benefit period, benefits under the S.E.B. plan will be  
adjusted accordingly.  
The Employer will not reimburse the Employee for any amount she is  
required to remit to Human Resources Development Canada, where her  
annual income exceeds one and one-half (½) times the maximum yearly  
insurable earnings under the Employment Insurance Act.  
(vi)  
It is understood that employees entitled to the seven (7) weeks Birth  
Allowance as provided in this Article may be eligible for an additional  
Parental Leave Allowance which, when combined with the Birth  
Allowance may result in eligibility up to a maximum of seventeen (17)  
weeks allowance.  
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19.07 Parental Leave  
(a)  
An Employee who becomes a parent for one or more children through the birth of  
the child or children is entitled to an unpaid leave of absence of up to seventy-  
eight (78) weeks.  
(b)  
Where an Employee takes pregnancy leave pursuant to Article 19.06 and the  
Employee’s new born child or children arrive in the Employee’s home during  
pregnancy leave, parental leave begins immediately upon completion of the  
pregnancy leave and without the Employee returning to work and ends not later  
than sixty-one (61) weeks after the parental leave began.  
(c)  
Where an Employee did not take pregnancy leave pursuant to Article 19.06,  
parental leave begins on such date as determined by the Employee, coinciding  
with or after the birth of the child or children first arriving in the Employee’s home,  
and ends not later than seventy-eight (78) weeks after the child or children first  
arrive in the Employee’s home, whichever is earlier.  
(d)  
Notwithstanding Article 19.07(b) or (c), where an Employee has begun parental  
leave, and the child to whom the parental leave relates is hospitalized for a  
period exceeding, or likely to exceed one (1) week, the Employee is entitled to  
return to and resume work in the position held immediately before the leave  
began or, where that position is not available, the matter shall be referred to the  
Joint Committee on Technological Change. The Employee is entitled to only one  
(1) interruption and deferral of each parental leave.  
(e)  
(f)  
The Employee shall give the Employer two (2) weeks notice of the date the  
Employee will begin parental leave.  
The Employee shall give the Employer two (2) weeks notice of the date the  
Employee will return to work upon completion of the parental leave.  
(g)  
Where an Employee reports for work upon the expiration of the period referred to  
in Article 19.07(a), the Employee shall resume work in the same position she  
held prior to the commencement of the parental leave. If the position no longer  
318  
exists, the matter shall be referred to the Joint Committee on Technological  
Change.  
(h)  
While on parental leave, an Employee shall continue to accrue and accumulate  
service and seniority credits for the duration of her leave, and her service and  
seniority shall be deemed to be continuous. However, service accumulated  
during parental leave shall not be used for the purposes of calculating vacation  
leave credits. For the purposes of calculating vacation leave credits during the  
year in which parental leave is taken, one (1) month of service shall be credited  
to an Employee who does not receive salary for a total of seventeen (17) days or  
more during the first and last calendar months of the parental leave granted  
under Article 19.07(a).  
19.08 Adoption Leave  
(a)  
An Employee who becomes a parent for one or more children through the  
placement of the child or children in the care of the Employee for the purpose of  
adoption of the child or children pursuant to the law of the Province is entitled to  
an unpaid leave of absence of up to seventy-eight (78) weeks, or more, if  
required by the adoption agency.  
(b)  
(c)  
(d)  
The Employer shall require an Employee who requests Adoption Leave pursuant  
to Article 19.08(a) to submit a certificate from an official in the Department of  
Community Services, or equivalent, to establish the entitlement of the Employee  
to the Adoption Leave.  
Adoption leave begins on such date as determined by the Employee, coinciding  
with the child or children first arriving in the Employee’s home, and ends not later  
than seventy-eight (78) weeks after the child or children first arrive in the  
Employee’s home, whichever is earlier.  
Notwithstanding Article 19.08(b), where an Employee has begun adoption leave,  
and the child to whom the adoption leave relates is hospitalized for a period  
exceeding, or likely to exceed one (1) week, the Employee is entitled to return to  
and resume work in the position held immediately before the leave began or,  
where the position is not available, the matter shall be referred to the Joint  
Committee on Technological Change. The Employee is entitled to only one (1)  
interruption and deferral of each adoption leave.  
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(e)  
(f)  
The Employee shall give the Employer two (2) weeks notice of the date the  
Employee will begin adoption leave.  
The Employee shall give the Employer two (2) weeks notice of the date the  
Employee will return to work upon completion of the adoption leave.  
(g)  
Where an Employee reports for work upon the expiration of the period referred to  
in Article 19.08(a), the Employee shall resume work in the same position she  
held prior to the commencement of the adoption leave. If the position no longer  
exists, the matter shall be referred to the Joint Committee on Technological  
Change.  
(h)  
While on adoption leave, an Employee shall continue to accrue and accumulate  
service and seniority credits for the duration of her leave, and her service and  
seniority shall be deemed to be continuous. However, service accumulated  
during adoption leave shall not be used for the purposes of calculating vacation  
leave credits. For the purposes of calculating vacation leave credits during the  
year in which adoption leave is taken, one (1) month of service shall be credited  
to an Employee who does not receive salary for a total of seventeen (17) days or  
more during the first and last calendar months of the adoption leave granted  
under Article 19.08(a).  
(i)  
Parental and Adoption Leave Allowance  
(ii)  
An Employee entitled to parental or adoption leave under the provisions  
of this Agreement and who has completed the probationary period  
required by Article 9.02 (a) or has successfully applied for a position  
at the IWK from a permanent position at the NSHA who provides the  
Employer with proof that she/he has applied for and is eligible to receive  
employment insurance (E. I.) benefits pursuant to the Employment  
Insurance Act, 1996, shall be paid an allowance in accordance with the  
Supplementary Employment Benefit (S.E.B.) Plan.  
(ii)  
The parental leave allowance of an Employee who has taken the  
pregnancy/birth leave allowance, shall begin immediately upon the  
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exhaustion of the pregnancy/birth allowance without the Employee’s  
returning to work.  
(iii)  
In respect to the period of parental or adoption leave, payments made  
according to the S.E.B. Plan will consist of the following:  
(5)  
(6)  
Where the Employee is subject to a waiting period of one (1) week  
before receiving E.I. Benefits, one (1) payments equivalent to  
seventy-five percent (75%) of their weekly rate of pay, less any  
other earnings received by the Employee during the benefit;  
Where the Employee has served the one (1) week waiting period  
in Article 19.08(i)(iii)(1), one (1) additional payment equivalent to  
the difference between the weekly E.I. benefit, the Employee is  
eligible to receive and ninety-three percent (93%) of their weekly  
rate of pay, less any other earnings received by the Employee  
during the benefit period which may result in a decrease in the E.I.  
benefits to which the Employee would have been eligible if no  
other earnings had been received during that period; and  
(7)  
Up to a maximum of ten (10) additional weeks,  
a. where the Employee is in receipt of Standard E.I. Parental  
Benefits, the payments will be equivalent to the difference  
between the weekly Standard E.I. Parental Benefits the  
Employee is eligible to receive and ninety-three per cent (93%)  
of the Employee’s weekly rate of pay;  
b. where the Employee is in receipt of Extended E.I. Parental  
Benefits, the payments will be equivalent to the difference  
between the Weekly Standard E.I. Benefits the Employee  
would have been eligible to receive and ninety-three percent  
(93%) of the Employee’s weekly rate of pay;  
(8)  
For the purposes of this article, “Standard E.I. Parental Benefits”  
means the E.I. benefits paid to an Employee who is taking a  
parental leave of up to thirty-five (35) weeks and “Extended E.I.  
Parental Benefits” means the E.I. benefits paid to an Employee  
who is taking a parental leave greater than thirty-five (35) weeks.  
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(iv)  
For the purposes of this allowance, an Employee’s weekly rate of pay will  
be one-half the bi-weekly rate of pay to which the Employee is entitled for  
her/his classification on the day immediately preceding the  
commencement of the adoption leave. In the case of a part-time  
Employee, such weekly rate of pay will be multiplied by the fraction  
obtained from dividing the Employee’s time worked (as defined for the  
purpose of accumulating service) averaged over the preceding twenty-six  
(26) weeks by the regularly scheduled full-time hours of work for the  
Employee’s classification. For the purpose of this calculation the hours  
used for a part-time Employee shall be the actual hours paid, or the hours  
based on the current appointment status of the part-time Employee as a  
percentage of full-time hours, whichever is greater.  
(v)  
Where an Employee becomes eligible for a salary increment or pay  
increase during the benefit period, payments under the S.E.B. Plan will be  
adjusted accordingly.  
(vi)  
The Employer will not reimburse the Employee for any amount she/he is  
required to remit to Human Resources Development Canada where  
her/his annual income exceeds one and one-half (1 ½) times the  
maximum yearly insurable earnings under the Employment Insurance  
Act.  
19.10 Group Benefit Plan Continuation  
While an Employee is on pregnancy/birth or parental, or adoption leave, the Employer  
shall permit the Employee to continue participation in the Medical, Extended Health,  
Group Life and any other Employee benefit plan including LTD and Pension Plans  
(subject to the eligibility provisions of the Plans) provided the Employee agrees to pay  
the Employee’s share of the benefit premium contribution.  
In this circumstance, the Employer shall continue to pay the Employer share of the  
premium contribution for the seven (7) week period of the Pregnancy/Birth leave and/or  
the ten (10) week period of the Parental or Adoption Leave. In no case will the Employer  
be responsible for cost-sharing of premiums beyond seventeen (17) weeks.  
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Following this period, the Employee shall be responsible to pay both the Employer and  
the Employee's shares of the premium costs to maintaining such coverage for the  
remainder of the Leave of Absence.  
The Employer shall notify the Employee of the option and the date beyond which the  
option referred to in this Article may no longer be exercised at least ten (10) days prior  
to the last day on which the option could be exercised to avoid an interruption of  
benefits.  
Where the Employee opts in writing to maintain the benefit plans referred to in this  
Article, the Employee shall enter into an arrangement with the Employer to pay the cost  
required to maintain the benefit plans, including the Employer’s share thereof, and the  
Employer shall process the documentation and payments as arranged.  
19.10 Leave for Birth of Child  
On the occasion of the birth of his/her child, a spouse who is an Employee shall be  
granted special leave without loss of regular pay up to a maximum of fifteen (15)  
scheduled hours during the confinement of the mother. This leave may be divided into  
two periods and granted on separate days.  
19.11 Leave for Adoption of Child  
An Employee shall be granted special leave without loss of regular pay up to a maximum  
of fifteen (15) scheduled hours for the purpose of the adoption of a child by the  
Employee, or the Employee’s spouse. This leave may be divided into two (2) periods  
and granted on separate days.  
19.12 Leave for Family Illness and Medical and Dental Appointments  
Full-time employees shall be entitled to leave of absence with pay for up to thirty-  
seven and one-half (37.5) hours per fiscal / calendar year to attend to an illness  
of a member of an Employee’s immediate family meaning spouse, son, daughter,  
father or mother (or legal guardian) and when no one at home other than the  
Employee can provide for the needs of the ill person, or to engage in personal  
preventative medical and dental care.  
The benefits shall be pro-rated for part-time employees.  
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19.13 In-Services, Conferences  
(a)  
The Employer may grant permission to an Employee to attend in-service  
conference(s), where in the opinion of the Employer, such a conference is  
relevant to the Employee’s respective field and where such attendance will not  
interfere with efficient operation. Such permission shall not be unreasonably  
withheld.  
(b)  
Where an in-service conference(s) is not held during the Employee’s scheduled  
hours of work, the Employee shall be paid for all hours of attendance in  
accordance with Article 15 or Article 39, whichever is applicable.  
19.14 Leave for Storms or Hazardous Conditions  
(a)  
It is the responsibility of the Employee to make every reasonable effort to arrive  
to work and to notify their Supervisor if unable to arrive at work due to a storm or  
hazardous conditions.  
(b)  
(c)  
Time lost by an Employee of less than two (2) hours for a scheduled shift due to  
such conditions will be compensated as regular time worked.  
All time lost in excess of two (2) hours in a scheduled shift will be deemed to be  
leave, and shall, at the Employee’s option, be:  
(i)  
made up by the Employee at a time agreed upon between the Employee  
and the Employee’s immediate supervisor; or  
(ii)  
(iii)  
charged to the Employee’s accumulated vacation, accumulated holiday  
time, or accumulated overtime; or  
otherwise deemed to be leave without pay.  
(d)  
Where an Employee requests permission to leave work prior to the  
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completion of her scheduled shift because of hazardous conditions arising from a  
storm, the Employer may, where operational requirements permit, excuse the  
Employee, in which case Article 19.14 (b) and (c) above shall apply.  
19.15 Prepaid Leave  
Permanent employees will be entitled to take a leave of absence financed through a  
salary deferral arrangement in accordance with the provisions of the Prepaid Leave Plan  
set out in Article 44 of this Agreement.  
19.16 Leave of Absence for Political Office  
(a)  
In this Article “Candidate” means a person who has been officially nominated as  
a candidate, or is declared to be a candidate by that person, or by others, with  
that person’s consent, in a Federal or Provincial or election.  
(b)  
(c)  
An Employee who is a candidate and wishes a leave of absence shall apply to  
the Employer and the leave of absence shall be granted.  
Where the Employee withdraws as a candidate and before the election, notifies  
the Employer of the Employee’s intention to return to work, the Employee is  
entitled to return, to the position the Employee left, two weeks after the notice  
has been given to the Employer unless the Employer and the Employee both  
agree to the Employee returning at another time.  
(d)  
An Employee’s leave of absence to be a candidate shall terminate on the day the  
successful candidate in the election is declared elected unless, on or before the  
day immediately after ordinary polling day, the Employee notifies the Employer  
that the Employee wishes her leave of absence to be extended for such number  
of days, not exceeding ninety (90), as the Employee states in the notice and in  
such case the leave of absence shall terminate as stated in the notice.  
(e)  
An Employee on leave of absence who is an unsuccessful candidate is entitled to  
return to the position which that Employee left. If the position no longer exists, the  
matter shall be referred to the Joint Committee on Technological Change.  
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(f)  
The leave of absence of an Employee who is a successful candidate shall be  
extended from ordinary polling day of the election of which the Employee is  
elected until two weeks after:  
(i)  
the Employee resigns from the position to which the Employee was  
elected where that resignation occurs before the next election;  
(ii)  
where the Assembly is dissolved for the next election, the date the  
Employee notifies the Employer that the Employee does intend to be a  
candidate at that next election;  
(iii)  
(iv)  
the date nominations close for the next election if the Candidate has not  
been officially nominated as a Candidate; or  
declaration day for the next election when it is official that the Employee  
has not been re-elected, whichever is the latest.  
(g)  
(h)  
Where an Employee is elected for the second time, the leave of absence for the  
Employee to be a Candidate terminates on the day the Employee is declared  
elected for the second time and the Employee ceases to be an Employee for all  
purposes, including entitlement to all Employee benefits, as of that day.  
An Employee who is not re-elected in the second election during the leave of  
absence may return to the position that Employee left, or, where that position no  
longer exists the matter shall be referred to the Joint Committee on  
Technological Change.  
(iv)  
During the Employee’s leave of absence to be a Candidate, the Employee shall  
not be paid but the Employee, upon application to the Employer at any time  
before the leave of absence, is entitled to pension credit for service as if the  
Employee were not on a leave of absence and to medical and health benefits,  
long term disability coverage and life insurance coverage, or any one or more of  
them, if the Employee pays both the Employee’s and Employer’s share of the  
cost.  
19.17 Military Leave  
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(a)  
(b)  
(c)  
Where operational requirements permit, an Employee may be granted leave of  
absence with pay to a maximum of two (2) weeks for the purpose of taking  
military training or serving military duty.  
An Employee who is given leave of absence with pay pursuant to this Article  
shall have deducted from her salary an amount equal to the amount paid by the  
Department of National Defence to her as salary.  
Where an Employee uses vacation entitlement for the purpose of taking military  
training or serving military duty pursuant to this Article, she shall receive full  
salary from the Employer notwithstanding amounts paid to her by the Department  
of National Defence.  
19.18 Education Leave  
(a)  
(b)  
(c)  
The Employer may enter into individual return of service agreements with  
employees in relation to educational programs which extend for a period in  
excess of six (6) calendar months and where participation in the program by the  
Employee is voluntary. The Union shall be a party to all such agreements.  
Where the Employer requires and authorizes in writing an Employee to pursue  
an educational program which specifically relates to job requirements, a full or  
partial leave of absence with pay may be granted to the Employee. Where leave  
is granted, the Employer will pay for tuition and books.  
(i)  
A leave of absence without pay may be granted to an Employee for the  
purpose of pursuing an educational program.  
(ii)  
The Employee shall have the option of maintaining the benefit plans in  
which the Employee participated prior to the commencement of the  
Employee’s education leave.  
(iii)  
The Employer shall notify the Employee of the option referred to in Article  
19.18 (c)(ii) and the date beyond which the option may no longer be  
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exercised at least ten (10) days prior to the last day on which the option  
could be exercised to avoid an interruption of benefits.  
(iv)  
Where the Employee opts in writing to maintain the benefit plan referred  
to in Article 19.18 (c)(ii), the Employee shall enter into an arrangement  
with the Employer to pay the cost required to maintain the benefit plan,  
including the Employer’s portion thereof, and the Employer shall process  
the documentation and payments as arranged.  
(v)  
Where operational requirements permit, and on reasonable notice, leave  
of absence for education purposes shall not be unreasonably denied.  
(d)  
Upon completion of education leave pursuant to this Article, an Employee shall  
be entitled to return to her former position. Where the position no longer exists,  
the matter shall be referred to the Joint Committee on Technological Change.  
19.19 Compassionate Care Leave  
An Employee who has been employed by the Employer for a period of at least three (3)  
months is entitled to an unpaid leave of absence in accordance with the Labour  
Standards Code, to provide care or support to:  
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-
-
-
-
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the spouse of the Employee,  
a child or step-child of the Employee,  
a child or step-child of the Employee’s spouse,  
a parent or step-parent of the Employee,  
the spouse of a parent of the Employee,  
the sibling or step-sibling of the Employee,  
the grandparent or step-grandparent of the Employee,  
the grandchild or step-grandchild of the Employee,  
the guardian of the Employee,  
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the ward of the Employee,  
a relative of the Employee permanently residing in the household of the  
Employee or with whom the Employee permanently resides,  
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the father-in-law or mother-in-law of the Employee,  
the son-in-law or daughter-in-law of the Employee, or  
any other person defined as “family member” by Regulations made pursuant to  
the Labour Standards Code, as amended from time to time.  
19.20 Leave for Parent of a Critically Ill Child  
An Employee who has been employed by the Employer for a period of at least three (3)  
consecutive months of continuous employment and is the parent of a critically ill child is  
entitled to an unpaid leave of absence in accordance with the Labour Standards Code.  
ARTICLE 20 - GROUP INSURANCE  
20.01 Group Life and Medical Plans  
The Employer will continue to participate with employees in the provision of group life  
and medical plans as exist at the coming into force of this Agreement unless amended  
in accordance with the rest of this Article . The Employer agrees to pay 65% of the  
total premium cost for all employees covered by the health and dental care plans  
attached hereto and forming part of this Agreement.  
20.02 Long Term Disability Plans  
The Employer and the Union agree to include all employees of the Bargaining Unit as  
participants in the LTD Program. Terms and conditions for participation in the LTD  
Program as well as the payment of benefits shall be determined by the LTD Program.  
20.03 Provincial Group Benefits Committee  
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A Provincial Group Benefits Committee will provide advice and make recommendations  
regarding the group benefit plan administered by HANS. This includes Basic Life,  
Health and Dental, and Optional Benefits. This does not include the LTD plans or the  
pension plans.  
20.04 Committee Composition  
The Committee shall be comprised of representatives of both unions and employers, as  
follows:  
Four union representatives – each of the four major unions (CUPE, Unifor, NSNU  
and NSGEU) will select a representative;  
Four employer representatives – these will be selected from both NSHA and  
IWK and employers represented by HANS;  
A representative from the HANS Group Benefits Service will participate in the  
committee on a non-voting, ex-officio basis.  
20.05 Purpose of Committee  
The purpose of the committee is to provide a forum for constructive engagement  
amongst representatives of plan participants, employers and the plan sponsor on issues  
of importance to the group benefits plan, including plan design, administration, and  
communication.  
20.06 Amendment of Benefit Coverage  
The Committee will be consulted on all proposed changes to the content and  
coverages offered under the applicable group benefit plan. Such changes will not  
be made without agreement of the majority of the Committee. The Committee,  
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upon reaching a majority position, will forward its recommendation to the HANS  
Board of Directors for implementation.  
20.07 Additional Responsibilities of Committee  
Where in any given fiscal year the plan administrator determines that an ongoing surplus  
has arisen in the plan which is of sufficient magnitude to allow an adjustment of benefits  
the matter will be referred to the Committee for determination.  
20.08 Limitations on Powers of Committee  
The Committee shall not be authorized to make any adjustment to benefits that would  
have the effect of increasing the overall ongoing cost of the plan to employers and  
employees.  
20.09 Terms of Reference  
The Committee shall operate in accordance with its terms of reference which shall  
include process to be used to resolve issues which cannot be resolved through  
consensus among the members of the Committee.  
ARTICLE 21 - SICK LEAVE  
21.01 Eligibility  
Sick leave is an indemnity benefit and not an acquired right. An Employee who is  
absent from a scheduled shift on approved sick leave may be granted sick leave pay  
when unable to perform the duties of their position because of illness or injury, provided  
that the Employee satisfies the Employer of their condition in the manner determined by  
the Employer and provided the Employee has sufficient sick leave credits.  
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21.02 Accumulation of Credits  
(a)  
(b)  
Each Employee in the Bargaining Unit may be granted one and one-half (1 ½)  
days sick leave with pay for each completed calendar month of service up to a  
maximum accumulation of one hundred and fifty (150) days.  
An Employee who, as at the date of signing this Agreement, has accumulated  
sick leave credits in excess of one hundred and fifty (150) days shall not forfeit  
any sick leave credits, however, shall not accumulate sick leave credits until such  
time as their accumulated sick leave credits fall below one hundred and fifty  
(150) days at which time the maximum accumulation of one hundred and fifty  
(150) days shall apply.  
21.03 Medical Certificate  
(a)  
An Employee may be required by the Employer to produce a certificate from a  
legally qualified medical practitioner for any period of absence for which sick  
leave is claimed by an Employee and if a certificate is not produced after such a  
request, the time absent from work will be deducted from the Employee’s pay.  
Where the Employer has reason to believe an Employee is misusing sick leave  
privileges, the Employer may issue to the Employee a standing directive that  
requires the Employee to submit a medical certificate for any period of absence  
for which sick leave is claimed.  
(b)  
Where an Employee is required by the Employer to submit a detailed medical  
certificate or reports pursuant to a required medical examination, the Employer  
shall be responsible for paying the direct cost of any such examination, medical  
certificate form or report in excess of those costs covered by an insurance plan of  
the Employee.  
21.04 Employee Entitlement  
An Employee whose illness or injury is one which is covered by the terms of the Nova  
Scotia Workers’ Compensation Act is not entitled to receive any benefits pursuant to this  
Article.  
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21.05 Information to Employee  
An Employee is entitled, once annually, to be informed in writing on written request, of  
the balance of her sick leave with pay credits.  
21.06 LTD Top Up  
An Employee who has earned in excess of one hundred and fifty (150) sick leave credits  
because they fall in a category noted in Article 19.02 (b) and who is in receipt of Long  
Term Disability benefits under the LTD Program, shall be entitled to top up their disability  
benefits so that the benefits plus top-up is equal to the level of their normal salary as  
defined in Article 13 of the Plan Text. For each day, the Employee receives top-up, that  
Employee’s accumulated sick leave credits will be reduced by one (1) day.  
21.07 Top Up Limitation  
employees on Long Term Disability benefits who have sick leave credits and who are  
subject to a maximum accumulation of one hundred and fifty (150) work days shall not  
be entitled to use such credits as top-up but shall retain any excess credits for their use  
in the event they return to work. Should the Employee not return to work with the  
Employer they shall forfeit all claims to such sick leave.  
21.08 Return to Work  
Should an Employee in receipt of Long Term Disability benefits cease to be disabled and  
provided she is able to perform her full job, such Employee shall have a right to return to  
her former or equivalent position with the Employer.  
The Employer reserves the right to require a medical evaluation by a qualified medical  
practitioner in order to assist in determining an Employee’s suitability for reinstatement.  
The Union acknowledges its duty to cooperate in facilitating the Employee’s return to  
work.  
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ARTICLE 21A - COMPENSATION FOR INJURY ON DUTY  
21A.01Report of Injuries  
An Employee who is injured on duty shall immediately report or cause to have reported  
any injuries sustained in the performance of her duties to her immediate supervisor in  
such a manner and on such form as the Employer may from time to time prescribe.  
21A.02Benefit Entitlement  
When an Employee is injured on duty and it is determined by the Nova Scotia Workers’  
Compensation Board that the Employee is unable to perform her duties, the Employer  
shall grant to the Employee injury on duty leave at the level of compensation and in the  
manner prescribed by the Workers’ Compensation Act for a period as the Workers’  
Compensation Board may specify. The Employer agrees to allow employees to draw  
upon their accumulated sick leave banks to supplement the benefits provided to them by  
the WCB. The amount of these supplemental payments shall be limited to the difference  
between the WCB benefit level and the amount of the Employee’s pre-injury net annual  
earnings during the period of leave approved by the WCB. The Employer shall deduct  
from the Employee’s sick leave credits an equivalent number of sick leave hours as were  
paid in the supplement. Such payments will be maintained only so long as the  
supplemental payments do not result in a reduction in the amounts paid by the WCB and  
the Employee has sufficient sick leave credits in her bank.  
ARTICLE 22 - EMPLOYEE PERFORMANCE REVIEW & EMPLOYEE FILES  
22.01 Employee Performance Review  
(a)  
The Employer shall endeavour to conduct a formal written review of an  
Employee's performance annually.  
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(b)  
When a formal review of an Employee's performance is made, the Employee  
concerned shall be given an opportunity to discuss, sign and make written  
comments on the review form in question and the Employee is to receive a  
signed copy to indicate that its contents have been read. An Employee shall be  
entitled to a minimum of forty-eight (48) hours to review the performance review  
prior to providing any response to the Employer, verbally or in writing, with  
respect to the evaluation.  
(c)  
Peer Performance Review is voluntary in the sense that the Employee to be  
evaluated may decline to participate in the peer performance review. It is also  
voluntary in the sense that an Employee being asked to participate in the review  
by commenting on the Employee being evaluated, may decline.  
22.02 Record of Disciplinary Action  
(a)  
The Employer agrees not to introduce as evidence in a hearing relating to  
disciplinary action, any document from the file of an Employee, the existence of  
which the Employee was not aware at the time of filing.  
An Employee who has been subject to disciplinary action other than  
suspension may, after twenty-four (24) months of continuous service from  
the date the disciplinary measure was invoked, request in writing that the  
Employment File be cleared of any record of the disciplinary action. Such  
request shall be granted provided the Employment File does not contain  
any further record of disciplinary action during the twenty-four (24) month  
period, of which the Employee is aware. The Employer shall confirm in  
writing to the Employee that such action has been effected.  
The  
Employee’s written response to any item on file shall become part of the  
Employment File. Any period of leave, except vacation, one month in  
length or greater, shall be excluded from the twenty-four months.  
(d)  
An Employee, who has been subject to a period of paid or unpaid  
suspension, may after forty-eight (48) months of continuous Service from  
the date of the suspension request in writing that the Employment File be  
cleared of any record of suspension. Such request shall be granted  
provided the Employment File does not contain any further record of  
disciplinary action during the forty-eight (48) month period, of which the  
335  
Employee is aware. The Employer shall confirm in writing to the Employee  
that such action has been effected. Any period of leave, except vacation,  
one month in length or greater, shall be excluded from the forty-eight (48)  
months except vacation and pregnancy/parental/adoption leaves.  
22.03 Notice of Performance Improvement Requirements  
The Employer will notify an Employee in writing where, during the period between the  
formal performance evaluation processes, the Employer has observed that certain  
aspects of an Employee's performance require improvement.  
22.04 Employee Access to Employment File  
employees shall have access to their employment files upon reasonable notice.  
employees or persons authorized by them in writing, shall be entitled to obtain copies of  
any material on their personnel file upon reasonable notice. The Employee may have a  
Union representative present when viewing the file.  
ARTICLE 23 - DISCIPLINE AND DISCHARGE  
23.01 Just Cause  
No Employee who has completed her probationary period shall be disciplined,  
suspended without pay or discharged except for just and sufficient cause.  
23.02 Notification  
Where an Employee is disciplined, suspended without pay or discharged, the Employer  
shall, within ten (10) days of the discipline, suspension or discharge notify the Employee  
and the Union in writing by registered mail or personal service stating the reason for the  
discipline, suspension or discharge.  
23.03  
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Where an Employee is required to attend a meeting which, at the time it is  
scheduled, appears likely to result in discipline being imposed against that  
particular Employee, the Employee shall be entitled to be accompanied by a Union  
Representative, provided that this does not result in any undue delay of  
appropriate action being taken.  
23.04 Grievances  
Where an Employee alleges that she has been suspended or discharged in violation of  
Article 23.01, she may within ten (10) days of the date on which she was notified in  
writing or within twenty (20) days of the date of her discharge or suspension, whichever  
is later, invoke the grievance procedure including provisions for Arbitration contained in  
Article 26, and for the purpose of a grievance, alleging violation of Article 23.01 she may  
lodge her grievance at the final level of the grievance procedure.  
ARTICLE 24 - NOTICE OF RESIGNATION  
24.01 Notice of Resignation  
If an Employee desires to terminate her employment, she shall endeavour to forward a  
letter of resignation to the Employer four (4) weeks prior to the effective date of  
termination, and in any event, not less than two (2) weeks prior to the effective date of  
termination, provided however the Employer may accept a shorter period of notice.  
24.02 Absence Without Permission  
(a)  
An Employee who is absent from her employment without permission for ten (10)  
consecutive days, shall be deemed to have resigned her position effective the  
first day of her absence.  
(b)  
The Employee may be reinstated if she establishes to the satisfaction of the  
employer, that her absence arose from a cause beyond her control and it was not  
possible for the Employee to notify the Employer of the reason for her absence.  
24.03  
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Acknowledgment of Letters of Resignation  
Receipt of letters of resignation shall be acknowledged by the Employer in writing.  
24.04 Withdrawal of Resignation  
An Employee who has terminated her employment through resignation, may withdraw  
her resignation within three (3) days of the time it was submitted to the Employer.  
ARTICLE 25 - GRIEVANCE PROCEDURE  
25.01 Grievances  
(a)  
An Employee(s) who feels that she has been treated unjustly or considers herself  
aggrieved by any action or lack of action by the Employer shall first discuss the  
matter with her immediate management supervisor no later than twenty-five (25)  
days after the date on which she became aware of the action or circumstance.  
The Employee(s) may have a Steward present if so desired.  
(b)  
(c)  
(d)  
The supervisor shall answer the dispute within two (2) days of the discussions  
unless the Union agrees to extend this time limit.  
When any dispute cannot be settled by the foregoing informal procedure, it shall  
be deemed to be a "grievance" and the supervisor shall be notified accordingly.  
In each of the following steps of the grievance procedure, a meeting or meetings  
with the Union representative named in the grievance and the Employer’s  
designated representative, shall be arranged at the earliest mutually agreeable  
time, and not later than the time limit provided for in the applicable step of the  
grievance procedure, if requested by either party. Where a meeting or meetings  
are not requested by either party, the Employer shall provide a response to the  
grievance, as outlined in the grievance procedure below.  
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25.02 Union Approval  
Where the grievance relates to the interpretation or application of this Collective  
Agreement, the Employee is not entitled to present the grievance unless she has the  
approval in writing of the Union or is represented by the Union.  
25.03 (a)  
Grievance Procedure  
The following grievance procedure shall apply:  
Step 1  
If the Employee(s) or the Union is not satisfied with the decision of the immediate  
management supervisor, the Employee(s) may within ten (10) days of having  
received the supervisor's answer, present the grievance in writing to the  
supervisor. Failing satisfactory settlement within five (5) days from the date on  
which the grievance was submitted at Step 1 of the grievance procedure, the  
grievance may be submitted to Step 2.  
Step 2  
Within five (5) days from the expiration of the five (5) day period referred to in  
Step 1, the grievance may be submitted in writing either by personal service or  
by registered or certified mail to Employer’s designate at Step 2 of the grievance  
procedure. Failing satisfactory settlement within ten (10) days from the date on  
which the grievance was received at Step 2, the grievance may be submitted to  
Step 3.  
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Step 3  
Within five (5) days from the expiration of the ten (10) day period referred to in  
Step 2, the grievance may be submitted in writing to the Employer’s designate  
for the area in which the grievance arose accompanied by any proposed  
settlement of the grievance and any replies at Step 1 and Step 2. The designate  
for the area in which the grievance arose shall reply to the grievance in writing  
within fifteen (15) days from the date the grievance was submitted to Step 3.  
(b)  
Grievance Mediation  
Where the parties have been unsuccessful in resolving the matter through the  
grievance procedure, the parties may jointly submit the matter to the Department  
of Environment and Labour’s Grievance Mediation Program or such other  
mediation option as is agreeable to the parties. It is understood that grievance  
mediation is a voluntary program and that arbitration remains an option should  
the grievance remain unresolved after grievance mediation.  
25.04 Union Referral to Arbitration  
Failing satisfactory settlement at Step 3 or upon expiration of the fifteen (15) day period  
referred to in Step 3 of the grievance procedure, the Union may refer the grievance to  
arbitration under Article 26.  
25.05 Union Representation  
In any case where the Employee(s) presents her grievance in person or in any case in  
which a hearing is held on a grievance at any level, the Employee(s) shall be  
accompanied by a representative of the Union.  
25.06 Time Limits  
In determining the time in which any step under the foregoing proceedings or under  
Article 26 is to be taken, Saturdays, Sundays, and recognized holidays shall be  
excluded.  
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25.07 Amending of Time Limits  
The time limits set out in the grievance procedure or under Article 26 may be extended  
by mutual consent of the parties to this Agreement.  
25.08 Policy Grievance  
Where either party disputes the general application or interpretation of this Agreement,  
the dispute may be discussed with the Employer’s Vice-President responsible for Human  
Resources, or such person designated by that individual, or with the Union, as the case  
may be. Where no satisfactory agreement is reached, the dispute may be resolved  
pursuant to Article 26 and the three (3) steps of Article 25.03 will be deemed to have  
been exhausted. This section shall not apply in cases of individual grievances.  
25.09 Sexual Harassment and Personal Harassment  
Cases of sexual harassment and personal harassment as defined by the protected  
characteristics set out in Article 2.03 shall be considered as discrimination and a matter  
for grievance and arbitration. Such grievances may be filed by the aggrieved Employee  
and/or the Union at Step 3 of the grievance procedure and shall be treated in strict  
confidence by both the Union and the Employer.  
ARTICLE 26 - ARBITRATION  
26.01 Notification  
Either of the parties may, after exhausting the grievance procedure in Article 25, notify  
the other party within ninety (90) days of the receipt of the reply at Step 3 or such reply  
being due, of its desire to refer the grievance to arbitration pursuant to the provisions of  
the Trade Union Act and this Agreement.  
26.02 Referral to Arbitration  
Such notification shall specify the party’s choice of whether it wishes to utilize the regular  
arbitration procedure or the expedited arbitration procedure, as provided for within this  
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Article. In the event that a grievance is submitted to the regular arbitration process, it  
shall be heard by a single arbitrator, unless either party requests that it be heard by a  
three-member arbitration board.  
26.03 Relief Against Time Limits  
The time limit for the initial submission of the written grievance under Article 25 is  
mandatory. Subsequent time limits are directory and the arbitration board or single  
arbitrator shall be able to overrule a preliminary objection that the time limits are missed  
from Step 2 onward, providing that the board or arbitrator is satisfied that the grievance  
has been handled with reasonable dispatch and the Employer’s position is not  
significantly prejudiced by the delay.  
26.04 Regular Arbitration Procedure  
(a)  
Single Arbitrator  
If the grievance is to be heard by a single arbitrator and the Union and the  
Employer fail to agree upon the appointment of the arbitrator within five (5) days  
of notice of arbitration in accordance with Article 26.01, the appointment shall be  
made by the Minister of Labour for Nova Scotia.  
(b)  
Arbitration Board  
If the grievance is to be heard by a three-member arbitration board, the Union  
and the Employer shall each appoint a member of the arbitration board within five  
(5) days of notice of arbitration in accordance with Article 26.01. Should the  
appointed members fail to agree upon the appointment of a chair within five (5)  
days of their appointment, the Minister of Labour for Nova Scotia shall appoint  
the chair.  
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(c)  
Arbitration Procedure  
The arbitration board or single arbitrator shall render a decision in as short a time  
as possible. With due regard to the wishes of the parties, the decision shall, in  
the normal course be handed down within a maximum of fourteen (14) days from  
the appointment of the chair or single arbitrator.  
26.05 Expedited Arbitration Procedure  
(c)  
Eligibility For Utilization  
By mutual agreement, the parties may agree to have any grievance referred to  
expedited arbitration in accordance with the procedures set out herein.  
(d)  
Rules of Procedure  
By referring any specific grievance to be dealt with in the expedited arbitration  
procedure it is understood and agreed that the matter is to be dealt with in  
accordance with the Rules of Procedure attached to this Agreement as Appendix  
1.  
26.06 Arbitration Award  
All arbitration awards shall be final and binding as provided by Section 42 of the Trade  
Union Act. An arbitrator may not alter, modify or amend any part of this Agreement, but  
shall have the power to modify or set aside any unjust penalty of discharge, suspension  
or discipline imposed by the Employer on an Employee.  
26.07 Arbitration Expenses  
Each party shall pay the fees and expenses of its appointed member and one-half the  
fees and expenses of the chair or single arbitrator.  
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ARTICLE 27 - JOINT CONSULTATION  
27.01 Joint Consultation  
The parties agree to establish a Labour Management Relations Committee  
comprised of not more than four (4) persons from each side to meet for the  
purpose of discussing matters of mutual concern including the administration of  
the Collective Agreement except those that are properly the subject of a  
grievance. The Labour Relations Management Committee will define problems,  
develop viable solutions to such problems and recommend proposed solutions to  
the parties.  
27.02 Reimbursement for Committee Work  
It is understood that the Union Committee members will be paid for time spent at  
such meetings during their regular working hours. employees required to travel  
from his/her usual work location to attend such committee meetings, shall be paid  
the kilometre allowance as specified in Article 28.02.  
ARTICLE 28 – TRAVEL  
28.01 Reimbursement for Travel Between 2400 and 0600  
An Employee who is required to travel reasonable distances to or from work  
between 2400 and 0600 hours shall be entitled to be reimbursed for actual  
transportation expenses incurred to a maximum of Ten Dollars ($10.00) each way  
per shift, or the kilometreage rate as per Article 28.04 to the above mentioned  
maximum.  
28.02 Reimbursement for Transportation To and From Meetings  
Staff shall be reimbursed for transportation to and from meetings or  
appointments that they are required to attend on the Employer’s business.  
28.03  
employees Providing Own Transportation  
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employees providing their own transportation will be reimbursed at the  
kilometreage rate as per Article 28.04 to the above maximum.  
28.04  
Kilometrage Rate  
Effective on the date of signing of this Collective Agreement the kilometreage  
rate shall be the base Provincial Civil Service rate as adjusted from time to time  
effective the date of the announcement of such change by government.  
28.05 Other Expenses  
(a)  
Reasonable expenses incurred by employees for approved business or  
education travel for the Employer shall be reimbursed by the Employer to the  
following maximums:  
Breakfast  
Lunch  
$8.00  
$15.00  
$20.00  
$5.00  
Dinner  
Incidentals  
With the express approval of management, an Employee may, upon the  
provision of receipts, be reimbursed for actual cost of meal expenses.  
Reimbursement for Accommodations shall not be less than the actual cost to the  
Employee.  
(b)  
Article 28.03(a) does not include meal, accommodations, and other routine  
Employee expenses normally incurred in the course of the Employee’s work day.  
In the event the Employee’s work requires her to be beyond a sixteen (16)  
kilometer radius of the Employer’s premises during the Employee’s recognized  
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lunch meal period, the Employee is entitled to the $15.00 lunch allowance  
pursuant to Article 28.03(a).  
(c)  
Reasonable expenses incurred by employees on the business of the Employer  
shall be reimbursed by the Employer, provided approval for the expenditure has been  
obtained.  
ARTICLE 29 - RETIREMENT ALLOWANCE  
29.01 Retirement Allowance  
(a)  
An Employee who resigns or who retires from employment and is immediately  
eligible for and commences receipt of pension under the NSHEPP, the  
Provincial Superannuation Pension Plan or the Canada Pension Plan  
immediately following their resignation / retirement shall be granted a Retirement  
Allowance equal to one (1) week’s pay for each year of service to a maximum of  
twenty-six (26) years. The Retirement Allowance will include a prorated payment  
for a partial year of service.  
(b)  
The amount of Retirement Allowance provided under (a) shall be calculated by  
the formula:  
Annual Salary = 1 week  
52  
(c)  
(d)  
The entitlement of an Employee to a Retirement Allowance shall be based on an  
Employee’s total service as defined in Article 1.02. A person can only receive a  
retirement allowance once, based on the same year(s) of service.  
In addition to the months of service upon which an Employee’s Retirement  
Allowance entitlement is calculated pursuant to (c), the months of prior War  
Service purchased by an Employee in accordance with the amendment to  
Section 11 of the Public Service Superannuation Act, shall be included as  
months of service for the purpose of Retirement Allowance entitlement  
calculation.  
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(e)  
Where an Employee dies and she would have been entitled to receive a  
Retirement Allowance if she had retired immediately before her death, the  
Retirement Allowance to which she would have been entitled shall be paid:  
(i)  
to her beneficiary under the Group Life Insurance Policy; or  
to her estate if there is no such beneficiary.  
(ii)  
(f)  
Where the person to whom a Retirement Allowance is payable has not attained  
the age of nineteen (19) years or, in the opinion of the Governor in Council, is not  
capable of managing her affairs by reason of infirmity, illness or other cause, the  
Retirement Allowance shall be paid to such person as the Governor in Council  
directs as trustee for the benefit of the person entitled to receive the Retirement  
Allowance.  
(g)  
The salary which shall be used to calculate the amount of the Retirement  
Allowance in accordance with this Article shall be the highest salary the  
Employee was paid during her employment with the Employer.  
29.02 Public Services Sustainability (2015) Act  
(c)  
Notwithstanding Article 29.01, the Public Services Sustainability (2015) Act  
requires the Employer to freeze the years of service used to calculate the  
amount of the Retirement Allowance, which shall be the years up to March  
31, 2015.  
(d)  
Employees will have the option to obtain an early payout of their  
Retirement Allowance accrued up to March 31, 2015, or receive payout on  
death or retirement in accordance with the provisions of the collective  
agreement which applied to them as of March 31, 2015. If employees  
receive an early payout, the salary used to calculate the amount of the  
Retirement Allowance shall be the salary at October 31, 2017. Otherwise,  
the salary will be based on the salary the Employee is receiving at  
retirement or death. Employees who wish to choose an early payout must  
opt to do so, in writing to the Employer, no later than one month after the  
Employer sends them notice of their eligibility for an early payout.  
29.03 Applicable employees  
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This provision is applicable only to employees who retire on or after November 1, 2006.  
29.04 Retiree Benefits  
Retired employees shall receive retiree benefits in accordance with the provisions  
of the predecessor collective agreement entered into between the Employer and  
the Union.  
ARTICLE 30 - THE PENSIONS  
30.01 Coverage of employees  
(d)  
(e)  
employees who are presently covered by a pension plan shall continue to be  
covered by the terms of that plan, subject to any mutual agreement to the  
contrary.  
employees not presently covered by a pension plan shall be brought under the  
terms of the NSHEPP unless altered by mutual agreement of the parties.  
ARTICLE 31 - HEALTH AND SAFETY  
31.01 Health and Safety Provisions  
The Employer shall continue to make and enforce provisions for the occupational health,  
safety, and security of employees. The Employer will respond to suggestions on the  
subject from the Union and the parties undertake to consult with a view to adopting and  
expeditiously carrying out reasonable procedures and techniques designed or intended  
to prevent or reduce the risk of employment injury and employment-related chronic  
illness.  
31.02 Occupational Health and Safety Act  
The Employer, the Union, and the employees recognize they are bound by the  
provisions of the Occupational Health and Safety Act, S.N.S. 1996, c.7, and appropriate  
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federal acts and regulations. Any breach of these obligations may be grieved pursuant to  
this Agreement.  
31.03 Joint Occupational Health and Safety Committee  
(a)  
The Employer shall establish and maintain one (or more) Joint Occupational  
Health and Safety Committee(s) as provided for in the Occupational Health and  
Safety Act.  
(b)  
(c)  
The committee(s) shall consist of such number of persons as may be agreed to  
by the Employer and the Union.  
At least one-half of the members of the committee shall be employees at the  
workplace who are not connected with the management of the workplace and the  
Employer may choose up to one-half of the members of the committee if the  
Employer wishes to do so.  
(d)  
(e)  
The employees on the committee are to be determined by the employees they  
represent or designated by the Union that represents the employees.  
The committee shall meet at least once each month unless:  
(i)  
a different frequency is prescribed by the regulation; or  
(ii)  
the committee alters the required frequency of meetings in its rules of  
procedure.  
(f)  
Where the committee alters the required frequency of meetings by its rules of  
procedure and the Director of Occupational Health and Safety Division of the  
Nova Scotia Department of Labour (hereinafter in this Article referred to as the  
“Director”) is not satisfied that the frequency of meetings is sufficient to enable  
the committee to effectively perform its functions, the frequency of the meetings  
shall be as determined by the Director.  
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(g)  
An Employee who is a member of the committee is entitled to such time off from  
work as is necessary to attend meetings of the committee, to take any training  
prescribed by the regulations and to carry out the Employee's functions as a  
member of the committee, and such time off is deemed to be work time for which  
the Employee shall be paid by the Employer at the applicable rate.  
(h)  
(i)  
The committee shall establish its own rules of procedure and shall adhere to the  
applicable regulations.  
Unless the committee determines another arrangement for chairing the  
committee in its rules of procedure, two of the members of the committee shall  
co-chair the committee, one of whom shall be selected by the members who  
represent employees and the other of whom shall be selected by the other  
members.  
(j)  
The rules of procedure established pursuant to Article 31.03(h) shall include an  
annual determination of the method of selecting the person or persons who shall:  
(i)  
chair the committee; and  
(ii)  
hold the position of the chair for the coming year.  
(k)  
Where agreement is not reached on:  
(i)  
the size of the committee;  
(ii)  
(iii)  
the designation of employees to be members; or  
rules of procedure;  
the Director shall determine the matter.  
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(l)  
It is the function of the committee to involve the Employer and employees  
together in occupational health and safety in the workplace, and without  
restricting the generality of the foregoing, includes:  
(i)  
the cooperative identification of hazards to health and safety and effective  
system to respond to the hazards;  
(ii)  
(iii)  
(iv)  
the cooperative auditing of compliance with health and safety  
requirements in the workplace;  
receipt, investigation, and prompt disposition of matters and complaints  
with respect to workplace health and safety;  
participation in inspections, inquiries and investigations concerning the  
occupational health and safety of the employees and, in particular,  
participation in an inspection referred to in Section 50 of the Occupational  
Health and Safety Act;  
(v)  
advising on individual protective devices, equipment, and clothing that,  
complying with the Occupational Health and Safety Act and the  
Regulations, are best adapted to the needs of the employees;  
(vi)  
advising the Employer regarding a policy or program required pursuant to  
the Occupational Health and Safety Act or the Regulations and making  
recommendations to the Employer, the employees, and any person for  
the improvement of the health and safety of persons at the workplace;  
(vii)  
maintaining records and minutes of committee meetings in a form and  
manner approved by the Director and providing committee members with  
a copy of these minutes, and providing an officer with a copy of these  
records or minutes on request. Both chairpersons will sign the minutes  
unless there is a dispute over their contents, in which case the dissenting  
co-chairperson will indicate in writing the source of this disagreement; and  
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(viii) performing any other duties assigned to it:  
(1)  
(2)  
by the Director;  
by agreement between the Employer and the employees or the  
Union; or  
(3)  
as are established by the Regulations of the Occupational Health  
and Safety Act.  
31.04 Right to Refuse Work and Consequences of Refusal  
(a)  
Any Employee may refuse to do any act at the Employee’s place of employment  
where the Employee has reasonable grounds for believing that the act is likely to  
endanger the Employee’s health or safety or the health or safety of any other  
person until:  
(i)  
the Employer has taken remedial action to the satisfaction of the  
Employee;  
(ii)  
(iii)  
the committee has investigated the matter and unanimously advised the  
Employee to return to work; or  
an officer appointed under the Occupational Health and Safety Act has  
investigated the matter and has advised the Employee to return to work.  
(b)  
Where an Employee exercises the Employee’s right to refuse to work pursuant to  
Article 31.04(a), the Employee shall:  
(i)  
immediately report it to the supervisor;  
(ii)  
where the matter is not remedied to the Employee’s satisfaction, report it  
to the committee or the representative, if any; and  
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(iii)  
where the matter is not remedied to the Employee’s satisfaction after the  
Employee has reported pursuant to Article 31.04(b)(i) and (ii), report it to  
the Occupational Health and Safety Division of the Department of Labour.  
(c)  
At the option of the Employee, the Employee who refuses to do any act pursuant  
to Article 31.04(a) may accompany an Occupational Health and Safety officer or  
the committee or representative, if any, on a physical inspection of the  
workplace, or part thereof, being carried out for the purpose of ensuring others  
understand the reasons for the refusal.  
(d)  
Notwithstanding Subsection 50 (8) of the Occupational Health and Safety Act, an  
Employee who accompanies an Occupational Health and Safety officer of the  
Department of Labour, the committee or a representative, as provided in Article  
31.04(c), shall be compensated in accordance with Article 31.04(g), but the  
compensation shall not exceed that which would otherwise have been payable  
for the Employee’s regular or scheduled working hours.  
(e)  
(f)  
Subject to this Agreement, and Article 31.04(c), where an Employee refuses to  
do work pursuant to Article 31.04(a), the Employer may reassign the Employee  
to other work and the Employee shall accept the reassignment until the  
Employee is able to return to work pursuant to Article 31.04(a).  
Where an Employee is reassigned to other work pursuant to Article 31.04 (e), the  
Employer shall pay the Employee the same wages or salary and grant the  
Employee the same benefits as would have been received had the Employee  
continued in the Employee’s normal work.  
(g)  
Where an Employee has refused to work pursuant to Article 31.04(a) and has not  
been reassigned to other work pursuant to Article 31.04 (e), the Employer shall,  
until Article 31.04 (a)(i), (ii) or (iii) is met, pay the Employee the same wages or  
salary and grant the Employee the same benefits as would have been received  
had the Employee continued to work.  
(h)  
A reassignment of work pursuant to Article 31.04(e) is not a discriminatory act  
pursuant to Section 45 of the Occupational Health and Safety Act.  
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(i)  
An Employee may not, pursuant to this Article, refuse to use or operate a  
machine or thing or to work in a place where:  
(i)  
the refusal puts the life, health or safety of another person directly in  
danger; or  
(ii)  
the danger referred to in Article 31.04 (a) is inherent in the work of the  
Employee.  
31.05 Restriction on Assignment of Work Where Refusal  
Where an Employee exercises the Employee’s right to refuse to work pursuant to Article  
31.04(a), no Employee shall be assigned to do that work until the matter has been dealt  
with under that Article, unless the Employee to be so assigned has been advised of:  
(a)  
(b)  
(c)  
the refusal by another Employee;  
the reason for the refusal; and  
the Employee’s rights pursuant to Article 31.04.  
31.06 First-Aid Kits  
The Employer shall provide an area, equipped with a first-aid kit, for the use of  
employees taken ill during working hours.  
31.07 Protection of Pregnant employees  
A pregnant Employee who works with machinery or equipment which may pose a threat  
to the health of either the pregnant Employee or her unborn child, may request a job  
reassignment for that period by forwarding a written request to the Employee’s  
immediate management supervisor along with a satisfactory certificate from a duly  
qualified medical practitioner justifying the need for such reassignment. Upon receipt of  
the request, the Employer, where possible, will reassign the pregnant Employee to an  
alternate position and/or classification or to alternate duties with the Employer.  
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31.08 Uniforms and Protective Clothing  
(a)  
Should the Employer determine that uniforms are a requirement, it is the  
responsibility of the Employer to provide the clothing, and it shall be the  
responsibility of the Employee to clean the clothing.  
(b)  
Where conditions of employment are such that an Employee’s clothing may be  
contaminated, or where an Employee’s clothing may be damaged, the Employer  
shall provide protective clothing (smocks, coveralls, lab coats, or similar  
overdress) and shall pay for their laundering.  
ARTICLE 32 – JOB SECURITY  
32.01 Joint Committee on Technological Change  
(a)  
Within sixty (60) days of the signing of this Agreement, the parties are to  
establish a Joint Committee on Technological Change of equal representation of  
the Union and the Employer for the purpose of maintaining continuing  
cooperation and consultation on technological change and job security. The  
committee shall appoint additional representatives as required.  
(b)  
(c)  
The Joint Committee on Technological Change shall consult as required to  
discuss matters of concern between the parties related to technological change  
and circumstances identified in Article 32.07, and 32.13. The parties may agree  
to consult by telephone.  
The Joint Committee on Technological Change shall be responsible for:  
(1)  
(2)  
(3)  
defining problems;  
developing viable solutions to such problems;  
recommending the proposed solution to the employer.  
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(d)  
(e)  
The Employer will provide the Joint Committee on Technological Change with as  
much notice as reasonably possible of expected redundancies, relocations, re-  
organizational plans, technological change and proposed contracting out of work.  
It is understood that the Joint Committee on Technological Change provided for  
herein shall be a single committee to cover all bargaining units represented by  
the Union.  
32.02 Definition  
For the purposes of this Article, "technological change" means the introduction of  
equipment or material by the Employer into its operations, which is likely to affect the job  
security of employees.  
32.03 Introduction  
The Employer agrees that it will endeavour to introduce technological change in a  
manner which, as much as is practicable, will minimize the disruptive effects on  
employees and services to the public.  
32.04 Notice to Union  
The Employer will give the Union written notice of technological change at least three (3)  
months prior to the date the change is to be effected. During this period the parties will  
meet to discuss the steps to be taken to assist employees who could be affected.  
32.05 Training and Retraining  
(a)  
(b)  
Where retraining of employees is necessary, it shall be provided during normal  
working hours where possible.  
Where the Employer determines a need exists, and where operational  
requirements permit, the Employer shall continue to make available appropriate  
training programs to enable employees to perform present and future duties  
more effectively.  
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(c)  
The duration of the training/retraining under this Article shall be determined by  
the Employer and does not include courses or programs offered by a party other  
than the Employer.  
32.06 Application  
For the purposes of this Article "Employee" means a permanent Employee, or a casual  
Employee who, pursuant to Article 38.04 (m), has the rights of a permanent Employee.  
32.07 Union Consultation  
Where positions are to be declared redundant because of technological change,  
shortage of work or funds or because of discontinuance of work or the reorganization of  
work within a classification, the Employer will advise and consult with the Union as soon  
as reasonably possible after the change appears probable, with a view to minimizing the  
adverse effects of the decision to declare redundancies.  
32.08 Transition Support Program  
(a)  
All references within this Article to the Transition Support Program relate to the  
Program outlined in Article 33. The availability of any payment or other  
entitlement under that document, and any obligation on the part of the Employer  
to provide such, pursuant to this Article or any other part of the collective  
agreement, shall only exist during the effective term of the Program, as expressly  
specified in that document. This limitation exists notwithstanding any other  
provision of this Article or any other part of the collective agreement.  
(b)  
The term of the Transition Support Program may be extended by mutual  
agreement between the parties.  
32.09 Employee Placement Rights  
(a)  
Subject to consideration of ability, experience, qualifications, or where the  
Employer establishes that special skills or qualifications are required according to  
objective tests or standards reflecting the functions of the job concerned, an  
Employee whose position has become redundant, shall have the right to be  
placed in a vacancy in the following manner and sequence:  
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(1)  
(2)  
a position in the Employee’s same position classification / classification  
grouping;  
if a vacancy is not available under (1) above, then any bargaining unit  
position for which the Employee is qualified.  
At each of the foregoing steps, all applicable vacancies shall be identified and the  
Employee shall be assigned to the position of her choice, subject to  
consideration of the provisions herein. If there is more than one Employee  
affected, their order of preference shall be determined by their order of seniority.  
(b)  
An Employee whose position is redundant or who is in receipt of layoff notice and  
who has not received a payment pursuant to the Transition Support Program  
(“TSP payment”) must accept a placement in accordance with Article 32 or resign  
without severance.  
(c)  
(d)  
An Employee will have a maximum of two (2) full days to exercise her placement  
rights in this step of the placement process.  
Where an Employee accepts a position in a classification, the maximum salary of  
which is less than the maximum salary of the Employee’s current classification,  
the Employee shall be granted salary protection in accordance with Item 1.5 of  
Article 33.  
32.10 Volunteers  
(a)  
When the Employer determines after placement pursuant to Article 32.09, there  
are still redundancies, the Employer shall ask for volunteers from that  
classification/classification grouping who wish to be offered a TSP payment  
according to Article 33.  
(b)  
If there are more volunteers than redundancies, then the most senior volunteers  
shall be offered the TSP payment.  
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32.11 Insufficient Volunteers  
If there are insufficient volunteers pursuant to Article 32.10, the Employer shall identify  
remaining redundant employees and these employees shall have placement rights  
pursuant to Article 32.09 or, where available, they shall be entitled to receive a TSP  
payment.  
32.12 Layoff Notice  
(a)  
If there are remaining redundant employees after Article 32.10 and 32.11, the  
Employer shall give layoff notice to the most junior Employee(s) pursuant to  
Article 32.14 in the classification/classification grouping from which the Employer  
requested volunteers for the Transition Support Program.  
(b)  
The employees in receipt of layoff notice shall have the rights of an Employee in  
receipt of layoff notice pursuant to this Article.  
32.13 Layoff  
An Employee(s) may be laid off because of technological change, shortage of work or  
funds, or because of the discontinuance of work or the reorganization of work.  
32.14 Layoff Procedure  
Where the layoff of a Bargaining Unit member is necessary, and provided ability, skill,  
and qualifications are sufficient to perform the job, employees shall be laid off in reverse  
order of seniority.  
32.15 Notice of Layoff  
(a)  
Forty (40) days notice of layoff shall be sent by the Employer to the Union and  
the Employee(s) who is/are to be laid off, except where a greater period of notice  
if provided for under (b) below.  
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(b)  
When the Employer lays off ten (10) or more persons within any period of four (4)  
weeks or less, notice of layoff shall be sent by the Employer to the Union and  
employees who are to be laid off, in accordance with the following:  
(i)  
eight (8) weeks if ten (10) or more persons and fewer than one hundred  
(100) persons are to be laid off;  
(ii)  
(iii)  
twelve (12) weeks if one hundred (100) or more persons and fewer than  
three hundred (300) are to be laid off;  
sixteen (16) weeks if three hundred (300) or more persons are to be laid  
off;  
(c)  
(d)  
Notices pursuant to this Section shall include the effective date of layoff and the  
reasons therefor.  
An Employee in receipt of layoff notice shall be entitled to exercise any of the  
following options:  
(i)  
to exercise placement/displacement rights in accordance with the  
procedure set out in this Article;  
(ii)  
to accept layoff and be entitled to recall in accordance with Article 32.18;  
to accept the Transition Support Program.  
(iii)  
An Employee who intends to exercise placement/displacement rights pursuant to (d) (i)  
above will indicate such intent to the Employer within two (2) full days following receipt of  
the layoff notice. If the Employee does not indicate such intent within this period, she will  
be deemed to have opted to accept layoff in accordance with (d) (ii) above.  
32.16 Pay in Lieu of Notice  
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Where the notice required by Article 32.15 is not given, the Employee shall receive pay,  
in lieu thereof, for the amount of notice to which the Employee is entitled.  
32.17 Displacement Procedure  
(a)  
Subject to consideration of ability, experience, qualifications, or  
where the Employer establishes that special skills or qualification are required,  
according to objective tests or standards reflecting the functions of the job  
concerned, an Employee in receipt of layoff notice has, the right to displace  
another Employee. The Employee to be displaced shall be an Employee with  
lesser seniority who:  
(i)  
Is the least senior Employee in the displacing Employee’s classification /  
classification grouping who has the same designated percentage of full-  
time employment; or  
(ii) Where no such junior Employee exists, the least senior Employee in any  
classification / classification grouping who has the same designated  
percentage of full-time employment in the Bargaining Unit.  
(iii) At each of the above steps, the displacing Employee may elect to displace  
the least senior Employee with a lower designation of full-time employment.  
(b)  
(c)  
An Employee who chooses to exercise rights in accordance with Article 32.17 may  
elect at any step, beginning with Article 32.15, to accept layoff and be placed on  
the recall list or to resign with severance pay in accordance with Article 32.24(g)(ii).  
An Employee who is displaced pursuant to Article 32 shall be entitled to:  
(i)  
take the Transition Support Program, or,  
go on the Recall List, or  
(ii)  
(iii)  
subject to consideration of ability, experience, qualifications, or where the  
Employer establishes that special skills or qualifications are required,  
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according to objective tests or standards reflecting the functions of the job  
concerned be placed in any vacancy in any bargaining unit.  
(d)  
(e)  
An Employee will have a maximum of two (2) full days to exercise her rights at  
any of the foregoing steps of the displacement procedures provided for herein.  
Where an Employee accepts a position in a classification, the maximum salary of  
which is less than the maximum salary of the Employee’s current classification,  
the Employee shall be paid the salary of the classification of the Employee’s new  
position.  
32.18 Recall Procedures  
(a)  
(b)  
employees who are laid off shall be placed on a Recall List. Laid off employees  
shall fill out the Laid Off Employee availability form in Appendix 2.  
Subject to consideration of ability, experience, qualifications, or where the  
Employer establishes that special skills or qualifications are required, according  
to objective tests or standards reflecting the functions of the job concerned,  
employees placed on the Recall List shall be recalled by order of seniority to any  
position for which the Employee is deemed to be qualified. Positions pursuant to  
this section shall include all positions in all bargaining units.  
(c)  
(d)  
The Employer shall give notice of recall by registered mail to the Employee’s last  
recorded address. employees are responsible for keeping the Employer informed  
of their current address.  
An Employee entitled to recall shall return to the services of the Employer within  
two (2) weeks of notice of recall, unless on reasonable grounds she is unable to  
do so. An Employee who has been given notice of recall may refuse to exercise  
such right without prejudicing the right of any future recall, except in the case of  
recall to the Employee’s same position classification title or position classification  
title series in which event she will be struck from the Recall List. However, an  
Employee’s refusal to accept recall to her same position classification title or  
position classification title series at the time of layoff will not result in loss of recall  
rights in the case of recall for occasional work or for employment of short  
duration of time during which she is employed elsewhere.  
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(e)  
employees on the Recall List shall be given first option of filling vacancies  
normally filled by casual workers, providing they possess the necessary  
qualifications, skills, and abilities, as determined by the Employer, reflecting the  
functions of the job concerned. A permanent Employee who accepts such casual  
work retains her permanent status.  
32.19 Termination of Recall Rights  
The layoff shall be a termination of employment and recall rights shall lapse if the layoff  
lasts for more than twelve (12) consecutive months without recall.  
32.20 Loss of Seniority  
An Employee shall lose seniority and shall be deemed to have terminated her  
Bargaining Unit position in the event that:  
(a)  
the Employee is discharged for just cause and not reinstated;  
(b)  
(c)  
the Employee resigns;  
the Employee is laid off for more than twelve (12) consecutive months without  
recall; or  
(d)  
the Employee has been employed in a position excluded from any bargaining  
unit for a period in excess of eighteen (18) months.  
32.21 No New employees  
No new employees shall be hired unless all employees on the Recall List who are able  
to perform the work required have had an opportunity to be recalled, subject to  
consideration of ability, experience, qualifications, or where the Employer establishes  
that special skills or qualifications are required, as determined by the Employer,  
according to objective tests and standards reflecting the functions of the job concerned.  
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32.22 Transition Support Program  
Notwithstanding anything in this Agreement, the Employer is only required to make a  
TSP payment to the same number of employees as the Employer has reduced its  
complement.  
32.23 Layoff Exception  
Notwithstanding 32.24 (Contracting Out), an Employee who has eight (8) years’ seniority  
shall not be laid off except where the reason for layoff is beyond the control of the  
Employer including, but not limited to, complete or partial destruction of plant,  
destruction or breakdown of machinery or equipment, unavailability of supplies and  
materials, fire, explosion, accident, labour disputes, etc., if the Employer has exercised  
due diligence to foresee and avoid the cause of layoff.  
32.24 Contracting Out  
(a)  
Notice  
The Employer shall provide the Union with sixteen (16) weeks notice of the  
implementation of the decision to contract out work normally performed by  
members of the Bargaining Unit. At the time that the Employer gives notice to the  
Union of its intention to contract out, the Employer shall make a conditional TSP  
payment offer in Article 33 to those employees directly affected by the  
contracting out. Final acceptance by the Employer of employees wishing to take  
advantage of the TSP payment offer will be conditional on the Employer reaching  
an agreement with a Contractor.  
(b)  
Employer Disclosure  
The Employer shall disclose its reasons for contracting out when notice is  
provided pursuant to Article 32.24(a).  
(c)  
Union Response  
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The Union shall be entitled to make proposals, including proposals on ways to  
avoid contracting out, within four (4) weeks of receiving notice pursuant to Article  
32.24(a). The Union’s suggestions should specifically address the reasons for  
the contracting out.  
(d)  
Employer Response  
After receipt of proposals or suggestions from the Union pursuant to Article  
32.24(c), the Employer shall consider these proposals. The Employer shall either  
accept or reject, in whole or in part, such proposals. At this time, the Employer  
shall either make the TSP payment offer unconditional or retract the TSP  
payment offer.  
(e)  
Hiring Preference  
The Employer will make every reasonable effort, where work normally performed  
by members of the Bargaining Unit is contracted out, to obtain jobs for  
employees who have not exercised their rights under Article 32.24(d) and who  
are directly affected by the contracting out with the Contractor. The Employer will  
have made reasonable efforts when the Employer has:  
(i)  
required bidders to give employees a preference in hiring for job  
opportunities that will arise if they are successful in their bid;  
(ii)  
met with the Union to give the Union an opportunity to put forward its  
views on how the Employee can try to obtain employment with the  
Contractor; and,  
(iii)  
met with the successful bidder and sought to make it a term of the  
contract with the Contractor that the Contractor must:  
(1)  
interview employees for job opportunities available with the  
Contractor to perform the contracted out work;  
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(2)  
(3)  
where the hiring to perform the contracted out work is subject to  
appropriate skills testing, offer to test employees;  
extend job offers to employees who are qualified for available job  
opportunities with the Contractor to perform contracted out work;  
and  
(4)  
where there are more qualified employees than the Contractor has  
opportunities due to the contracted out work, to extend job offers  
on the basis of seniority.  
(f)  
TSP Payment Offers  
(i)  
Where the Employer determines that there will be redundant positions as  
a result of a contracting out, the classification(s) / classification groupings  
to which TSP payment offers will be made will be mutually agreed  
between the Employer and the Union.  
(ii)  
The Employer will offer a TSP payment to the agreed upon  
classification(s) / classification groupings. In any event, the classification  
grouping shall include, as a minimum, the classification(s) of the  
employees affected in the work area by the contracting out of services.  
(g)  
Placement Procedure  
(i)  
If a sufficient number of employees accept the TSP payment offer, the  
Employer will place the remaining employees whose positions were  
declared redundant in the vacancies created by the employees accepting  
the TSP payment offer or other appropriate vacancies. This placement  
will be by seniority, subject to consideration of ability, experience,  
qualifications, or the Employer establishing that special skills or  
qualifications are required according to objective tests or standards  
reflecting the functions of the job concerned.  
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(ii)  
Where the Employee refuses a placement, the salary of which is at least  
seventy-five percent (75%) of the present salary of the Employee’s  
current position, the Employee is deemed laid off. The Employee will be  
entitled to severance as follows:  
(1)  
one-half (½) month’s pay if she has been employed for three (3)  
years, but less than ten (10) years;  
one (1) month’s pay if she has been employed for ten (10) years,  
but less than fifteen (15) years;  
two (2) months’ pay if she has been employed for fifteen (15)  
years, but less than twenty (20) years;  
three (3) months’ pay if she has been employed for twenty (20)  
years, but less than twenty-five (25) years;  
four (4) months’ pay if she has been employed for twenty-five (25)  
years, but less than thirty (30) years;  
five (5) months’ pay if she has been employed for thirty (30) or  
more years.  
(2)  
The amount of severance pay provided herein shall be calculated  
by the formula:  
bi-weekly rate x 26 = one (1) month  
12  
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(3)  
The entitlement of an Employee to severance pay shall be based  
upon the Employee’s total service as defined in this Agreement.  
(h)  
Second TSP Payment Offer  
If, after the first offer of TSP Payment, there are employees remaining in  
positions which have been declared redundant, a second offer of a TSP payment  
will be made to broader classification(s)/classification groupings. The Employer  
will place the remaining redundant employees in the vacancies created by the  
employees accepting the TSP payment offer, or other appropriate vacancies, in  
the same manner as stated in Article 32.24(g).  
(i)  
Further TSP Payment Offers  
The process of expanding the offer of TSP payment to other  
classification(s)/classification groupings and areas will be repeated until all those  
employees whose positions have been declared redundant as a direct effect of  
the contracting out are placed.  
ARTICLE 33 – TRANSITION SUPPORT PROGRAM  
33.01 In order to avoid layoffs, employees selected in accordance with TSP shall receive a  
severance payment in return for their voluntary resignation. TSP requires that a  
reduction in the staff complement occurs as a result of each TSP severance payment  
offered.  
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1.1  
Voluntary Resignation and Seniority  
Where the Employer intends to reduce the number of employees within a classification  
or classification group, and where the Employer has been unable to place employees  
whose positions have become redundant, the Employer will offer to employees in the  
affected classification or classification group the opportunity to resign with a TSP  
payment in order to avoid the need for layoff(s).  
Where an offer to a classification of employees (or classification grouping) for  
resignation results in more volunteers than is required to meet the need, the decision as  
to who receives severance will be determined on the basis of seniority.  
Where the Employer can demonstrate to the Joint Committee on Technological Change  
that the Employer cannot accommodate the resignation of that number of employees  
volunteering to resign or that other operational considerations are necessary, the  
Employer reserves the right to restrict the TSP offer. For example, where too many  
volunteers within a classification are from within a single work area, it may not be  
possible to permit all to resign at once. A phase-out procedure may be utilized to  
maximize the number of volunteers who actually resign.  
1.2  
Joint Committee on Technological Change  
The Joint Committee established in accordance with the Agreement will be responsible:  
(i)  
to determine the classifications within a bargaining unit that are able  
to be considered a classification group for the purposes of this  
Program. A classification group may only include the Classifications  
requiring the same threshold qualifications and abilities. Where  
there are different requirements in a classification such as license,  
registration,  
certification,  
special  
skills  
or  
supervisory  
responsibilities, the classifications would not normally be grouped.  
(ii)  
to assess the operational requirements surrounding the Employer’s  
requirement to limit the number of the employees to receive voluntary  
resignation offers;  
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(iii)  
(iv)  
to review and clarify the impact of resignations on service delivery;  
to participate in the process of notifying displaced and laid off employees  
of their options under this Program; and  
to address issues that may arise in respect of the interpretation and application of this  
Program.  
1.3  
TSP  
The TSP shall be presented to employees on a “window-period” basis, as determined by  
the Employer.  
1.4  
Displacement Process  
Step 1:  
At the point where the Employer decides the number of employees  
within a classification or classification group to be reduced,  
notification will be given to the Joint Committee on Technological  
Change. Following Joint Committee consultation, this information  
shall be made known to employees within that classification or  
classification group accompanied by a request for indications in  
writing of interest in voluntary resignation.  
Step 2:  
Step 3:  
employees shall have seventy-two (72) hours following receipt of the  
notice to submit their Expression of Interest form.  
The Employer will assess the level of interest and determine  
provisional acceptance subject to operational requirements, in  
accordance with item 1.1 of this Program. This determination will be  
made in consultation with the Joint Committee On Technological  
Change and as soon as is reasonably possible following the seventy-  
two (72) hour response time.  
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Step 4:  
employees shall, within seven (7) days following a meeting with a  
representative of Human Resources, indicate their decision with  
respect to voluntary resignation. The actual date of resignation will  
occur with the agreement of the Employer. Upon resignation, the  
Employee will be entitled to the TSP payment in accordance with this  
Program.  
Step 5: (a) Article 32 of the Collective Agreement applies to employees  
whose positions are eliminated due to the reduction of the number  
of employees in a classification or classification group. These  
employees shall be considered to be redundant pursuant to Article  
32.12 of the Collective Agreement and shall have the rights of a  
redundant Employee.  
(b) Any Employee displaced in accordance with the provisions  
of the Agreement shall be given seventy-two (72) hours to  
express their interest in TSP in accordance with Step 2  
above. Those expressing an interest will have their  
application processed in accordance with Step 4 above.  
Where an Employee declines the TSP opportunity, the  
Layoff and Recall provisions of the Agreement shall apply.  
Step 6: (a) Where the Employer reaches its reduction target through this  
voluntary method, the process would end.  
(b) Where the number of voluntary resignations with TSP payment is  
less than the number of employees in the classification or  
classification group to be reduced, the Employer shall identify  
those employees who are subject to layoff. Before any Employee  
receives a notice of layoff, the employer will notify the Employee  
who will have seventy-two (72) hours to express an interest in  
TSP in accordance with Step 2 above. Those expressing an  
interest will have their application processed in accordance with  
Step 4 above. employees who decline the TSP opportunity shall  
be issued layoff notice in accordance with the provisions of the  
Agreement.  
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1.5  
Salary Protection  
Employee who accept placement in a position at a lower rate of pay, shall have their  
previous rate of pay maintained for such period as set out under this item.  
Where the Employee’s previous rate of pay exceeds the rate of forty thousand  
($40,000) per year, that rate of pay shall be maintained for a period of six (6) months  
from the date of placement in the lower-paying position. Thereafter, the Employee’s  
protected rate of pay shall be reduced by ten (10) percent or the maximum rate of the  
new classification, or the rate of forty thousand ($40,000) per year, whichever is the  
greater rate. The rate of pay will remain at this reduced level (subject to any regular  
Collective Agreement regulated changes) for a further period of twelve (12) months, after  
which the rate of pay will be reduced to the maximum of the lower-paying position.  
Where the Employee’s previous rate of pay is equal to or less than the rate forty  
thousand ($40,000) per year, or less, that rate of pay shall be maintained (subject to  
any regular Collective Agreement regulated changes) for a period of eighteen (18)  
months, after which the rate of pay will be reduced to the maximum of the lower-paying  
position.  
1.6  
Reduced Hours and TSP Payment  
employees who accept an alternate position under this Program and as a result have a  
reduction of hours shall not qualify for a TSP payment.  
1.7  
Release Form  
employees accepting voluntary resignation will be required to sign a release statement  
verifying their resignation and agreement to sever any future claim for compensation  
from the Employer or obligation by the Union for further services except as provided in  
this Program in exchange for the TSP payment.  
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1.8  
Casual Shifts  
It shall only be for extraordinary operational needs that the Employer will utilize on a  
casual basis, an Employee who has resigned with a TSP payment under this Program  
during the period covered by the applicable notice payment period.  
1.9  
TSP Severance Payment  
The amount of TSP payment shall be equivalent to four (4) weeks’ regular (i.e. excluding  
overtime) pay for each year of service to a maximum payment of fifty-two (52) weeks’  
pay and for a minimum payment of eight (8) weeks’ pay. Where there is a partial year of  
service, the TSP payment will be pro-rated on the basis of the number of months of  
service. An Employee who resigns in accordance with these provisions and is eligible to  
receive a pension under the Pension Plan and commences receiving the pension  
immediately following the completion of the TSP payment, shall also be entitled to  
receive the Retirement Allowance under Article 29 of the Collective Agreement. The  
maximum combined TSP and Retirement allowance payment shall not exceed fifty-two  
(52) weeks. The retirement allowance will be paid to the Employee at the earliest  
opportunity in accordance with the provisions of the Income Tax Act of Canada.  
1.10 Formula for Part-time Hours  
In determining the extent of the existing part-time relationship of an Employee at the time  
of resignation, layoff or other application of this program where the hours worked are not  
regular due to working additional shifts, the average of the Employee’s hours worked  
during the six (6) month period preceding the severance (or average over the preceding  
period of part-time employment where that period is less than six (6) months) will be  
used.  
1.11 Continuation of Benefits  
employees in receipt of a TSP payment will be entitled to continue participation in the  
applicable group insurance and benefit plans for the length of the TSP payment period.  
During such period the contributions will be cost shared in accordance with Article 20.01  
of the collective agreement. It is understood that the Employer’s obligations in this  
respect do not apply to plans for which the Employee is currently responsible for the full  
cost of contributions.  
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1.12 Re-employment Considerations  
It is intended that TSP participants not be re-employed by an acute care employer during  
their TSP payment period. For purposes of this program, acute care employer includes  
the following employers: Nova Scotia Health Authority and Izaak Walton Killam  
Health Centre. An Employee in receipt of a TSP payment who is re-employed with an  
acute care employer will be required to repay an amount equal to the remaining portion  
of the TSP payment period. The repayment may be achieved through a payroll  
deduction plan that provides for full recovery over a period that is no more than twice the  
length of the remaining TSP payment period or through a lump sum payment. The  
Employee has the right to determine the method of repayment.  
1.13 Number of employees  
Notwithstanding anything in this Agreement, the Employer is only required to provide a  
TSP payment to the same number of employees as the Employer has reduced its  
complement.  
1.14 Severance Payment Method  
It is understood that the method of payment of the severance (for example, lump sum or  
incremental payment schemes) shall be determined by the Employee, provided that the  
total amount of payment is fully paid within the applicable notice payment period (not  
greater than fifty-two (52) weeks). That is, lump sum payments or other incremental  
payment schemes are possible.  
1.15 Transition Services / EAP  
employees covered under this program will be allowed to participate in any Regional  
Transition or EAP programs available to health sector employees in the province.  
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1.16 Transition Allowance  
employees who resign with a TSP payment will be eligible for a transition allowance up  
to a maximum of $2,500. This sum may be utilized for one or a combination of the  
following:  
to assist in offsetting the costs in moving to accept a position with  
another employer, which is located a distance of 50 kilometers or more  
from the site of their previous usual workplace; and  
to cover the cost of participation in employer-approved retraining  
programs. The Employer will not unreasonably withhold such approval.  
In all cases employees will require receipts for recovery of expenses. Only expenses  
incurred during the TSP severance payment period following the date of resignation are  
eligible for reimbursement under this Program.  
ARTICLE 34 - PAY PROVISIONS  
34.01 Rates of Pay  
(a)  
The rates of pay set out in Appendix B shall form part of this Agreement.  
(b)  
The following general wage increases shall be implemented for each of the  
classifications in the Health Care Bargaining Unit during the term of this collective  
agreement:  
viii.  
ix.  
x.  
xi.  
xii.  
xiii.  
Increase of 1% to all rates on November 1, 2016;  
Increase of 1.5% to all rates on November 1, 2017;  
Increase of 0.5% to all rates on October 31, 2018;  
Increase of 1.5% to all rates on November 1, 2018;  
Increase of 0.5% to all rates on October 31, 2019;  
Increase of 1.5% to all rates on November 1, 2019;  
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xiv.  
Increase of 0.5% to all rates on October 31, 2020.  
34.02 Retention Incentive  
Upon completion of twenty-five years of service with the Employer all permanent  
employees will receive an additional salary increment of 3.5% greater than the  
highest rate in effect for the applicable classification.  
34.03 Rate of Pay Upon Appointment  
Subject to Article 34.04, the rate of compensation of a person upon appointment to a  
position shall be the minimum rate prescribed for the class to which she is appointed.  
34.04 Exception  
The rate of compensation of a person upon appointment to a position may be at a rate  
higher than the minimum rate prescribed for the class if, in the opinion of the Employer,  
such higher rate is necessary to affect the appointment of a qualified person to the  
position or if the person to be appointed to the position has qualifications in excess of the  
minimum requirements for the position.  
34.05 Rate of Pay Upon Promotion  
Subject to Article 34.06, the rate of compensation of a person upon promotion to a  
position in a higher pay range shall be at the next higher rate or the minimum of the new  
class, whichever is greater, than that received by the Employee before the promotion.  
34.06 Exception  
The rate of compensation of an Employee upon promotion to a position may be at a rate  
higher than that prescribed in Article 34.05 if, in the opinion of the Employer, such higher  
rate is necessary to effect the promotion of a qualified person to the position.  
34.07 Rate of Pay Upon Demotion  
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The rate of compensation of an Employee upon demotion to a position in a lower pay  
range shall be at the next lowest rate or the maximum of the new class, whichever is  
lesser, than that received by the Employee before the demotion.  
34.08 Anniversary Date  
The anniversary date of an Employee shall be the first day of the month in which  
employment occurs if the Employee reported for duty during the first seven (7) calendar  
days of the month in which she was employed, or the first day of the following month if  
the Employee reported for duty later than the seventh calendar day of the month. The  
anniversary date will only change to the first day of another month if:  
(a)  
(b)  
the Employee is reclassified, at which time the date of the reclassification  
becomes her new anniversary date;  
the Employee has been on leave of absence without pay, in which case the  
Employee's anniversary date will be moved forward by the amount of time which  
the Employee was on leave without pay, unless otherwise provided in this  
Agreement.  
34.09 Rate of Pay Upon Reclassification  
Where an Employee is recommended for a reclassification which falls on her  
anniversary date the Employee's salary shall be adjusted first by the implementation of  
her annual increment, provided she is recommended and an increment is available in  
her present pay range, and on the same date her salary shall be adjusted upward to  
comply with the provisions of Articles 34.05 and 34.06.  
34.10 Salary Increments  
The Employer, except as provided for in Article 34.09, may grant an increment for  
meritorious service after an Employee has served for a period of twelve months following  
the first day of the month established in Article 34.08 or twelve (12) months following the  
date of a change in her rate of compensation as established in Articles 34.04, 34.05, or  
34.07.  
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34.11 Notice of Withheld Increment  
When an increase provided for in Article 34.10 is withheld, the reason for withholding  
shall be given to the Employee in writing by the Employer.  
34.12 Granting of Withheld Increment  
When an increase provided for in Article 34.10 is withheld, the increase may be granted  
on any subsequent first day of any month after the anniversary date upon which the  
increase was withheld.  
34.13 Acting Pay  
(a)  
Where an Employee is designated to perform for a temporary period of three (3)  
or more consecutive days, the principal duties of a higher position, she shall  
receive the rate for that classification. Where the classification rate is on an  
increment scale, the Employee shall receive an increase in pay that  
approximates one increment step (based on his/her current scale) increase  
over his/her current increment rate or the maximum for the position;  
whichever is less.  
(b)  
Acting pay shall not be paid to the Employee where the Employee’s current  
position normally requires periodic substitution in the higher position, as defined  
by the position specification, title, and salary range.  
(c)  
(d)  
Acting pay provisions shall not apply in series classifications of positions.  
Acting pay provisions do not preclude the right of the Employer to assign duties  
of any Employee among remaining employees of the work unit where temporary  
absences occur.  
(e)  
In the event that an Employee remains in an acting capacity in a position  
excluded from the Bargaining Unit for a period in excess of eighteen (18) months  
the provisions of Article 32.20(d) shall apply.  
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34.14 Shift Premium  
Reserved.  
34.15 Week-end Premium  
Reserved.  
34.16 Post Graduate Training - Three to Six Months  
Anesthesia Technicians who have completed a post graduate training course relating to  
Anesthesia Technology of six (6) months or more and is employed in a capacity utilizing  
this course shall be paid an additional $55.65 per month.  
34.17 In-Charge Pay  
(a)  
(b)  
During off duty hours of the supervisor, where an Employee is designated as  
being “in-charge”, that Employee shall be paid a premium of seventy cents  
$0.70) per hour. The off duty hours are those hours when the supervisor is not  
normally on duty, (e.g., evenings, nights, week-ends, paid holidays.)  
Where an Employee is designated as Team Leader or where during the on  
duty hours of the supervisor an Employee is designated “in charge”, that  
Employee shall receive pay equivalent to six (6) per cent higher than her existing  
rate of pay.  
ARTICLE 35 - REASSIGNMENT  
35.01 Circumstances  
In circumstances where there is a staff need in a work area and a surplus of employees  
in another work area, and where employees essentially perform the same function as  
employees in the same classification or position classification title series, and where the  
Employer does not plan to increase the complement of staff, the Employer may, in  
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accordance with Article 35.02 or Article 35.03, reassign an Employee(s) within the same  
classification or position classification title series.  
35.02 (i)  
Reassignment  
(a)  
The Employer will notify employees of the need by inviting expressions of  
interest.  
(b)  
When informing employees regarding a reassignment, the Employer shall  
indicate the necessary qualifications, skills, competencies and ability,  
reflecting the functions of the job concerned, required to perform the  
duties of the position in question.  
(c)  
Where it is determined by the Employer that:  
(i)  
two or more employees for such a reassignment are qualified; and  
(ii)  
those employees are of equal merit, preference in selecting the  
Employee for the reassignment shall be given to the Employee  
with the greatest length of seniority.  
(d)  
(e)  
Where the Employer does not receive any qualified employees’  
expression of interest in accepting the reassignment, the most junior  
qualified Employee pursuant to (i)(b) in the work area shall be reassigned.  
For the purposes of Articles 32 and 35 of the Collective Agreement, the  
Employer agrees to take all reasonable measures (including consultation in  
accordance with Article 32.01) to mitigate any undue hardship on an Employee  
who is reassigned . The Employer may only temporarily re-assign an  
Employee within the Reassignment Area.  
(f)  
In the event a person is reassigned on short notice to a work area  
requiring travel and she incurs mileage and/or parking expenses, the  
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expenses will be reimbursed by the Employer and the Employee shall  
receive pay for travel time.  
(g)  
Unless mutually agreed otherwise between the Employer and the  
Employee, any travel time required as a result of a reassignment  
shall occur during the Employee’s regular work hours.  
(ii)  
Short Notice Reassignment  
In circumstances where the Employer is required to reassign employees on short  
notice, in accordance with 35.01, the following process with be followed:  
(a)  
(b)  
The Employer will verbally notify those employees, who are at work on  
the shift in the work area that has a surplus of employees of the need by  
inviting verbal expressions of interest.  
When verbally informing employees regarding a short notice  
reassignment, the Employer shall indicate the necessary qualifications,  
skills, competencies and ability, reflecting the functions of the job  
concerned, required to perform the duties of the position in question.  
(c)  
Where it is determined by the Employer that:  
(i)  
two or more employees for such a short notice reassignment are  
qualified; and  
(ii)  
those employees are of equal merit, preference in selecting the  
Employee for the short notice reassignment shall be given to the  
Employee with the greatest length of seniority.  
(d)  
Where the Employer does not receive any qualified employees’  
expression of interest in accepting the short notice reassignment, the  
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most junior qualified Employee pursuant to (ii)(b) in the work area shall be  
reassigned.  
(e)  
The Employer will regularly reassess the need for a reassignment.  
35.03 Emergencies  
If the circumstances are of an urgent nature or an emergency, the Employer may  
reassign employees within the same classification or position classification title series,  
pending the completion of the reassignment process as outlined in Article 35.02 (i).  
35.04 Job Postings  
The Employer’s right to fill vacancies in accordance with this provision shall not be used  
to avoid the posting of vacancies in accordance with Article 10. The Employer shall not  
exercise the right to reassign in an unreasonable or arbitrary manner. The Employer  
may post a position in any circumstances in which the Employer deems this warranted.  
35.05 Grievances  
Before a grievance on reassignment is referred to arbitration, the circumstances are to  
be reviewed by the Joint Committee on Technological Change.  
35.06 Notification to the Union  
The Employer will notify the Union of all employees reassigned pursuant to Article 35.02.  
35.07 Voluntary Reassignment outside Reassignment Area  
382  
Notwithstanding Article 35.02(i)(e), an Employee may volunteer to accept a  
reassignment outside the Reassignment Area. In that event, the Employer must  
consult with the relevant union(s) and advise the Employee of the length of time of  
the reassignment and cover those expenses identified in Article 35.02(i)(f) and  
other travel expenses pursuant to the applicable travel policy. Any extension or  
change in the reassignment must be agreed to by the Employee with further  
consultation with the union(s).  
35.08 Reassignment Area  
For the purposes of the Article, “Reassignment Area” means, for an Employee  
whose worksite is within Halifax Regional Municipality, a driving distance of fifty  
(50) km from the Employee’s worksite, and for all other employees, a driving  
distance of seventy-five (75) km from the Employee’s worksite.  
ARTICLE 36 - EMPLOYER’S LIABILITY  
36.01 Employer’s Liability  
The Employer, the Union, and the employees agree to abide by the Employer’s Liability  
Insurance Policy. For clarification it is understood that this includes providing legal support  
to:  
a)  
all employees who are witnesses or potential witnesses in any legal action  
which is based on a claim that a patient suffered harm as a result of negligent  
treatment received at the Izaak Walton Killam Health Centre; and  
b)  
employees who are named parties (defendants) in legal action based on a  
claim that a patient suffered harm as a result of negligent treatment received  
at the Izaak Walton Killam Health Centre, so long as the Employee was  
acting without criminal intent and within the scope of her duties.  
ARTICLE 37 - CASUAL EMPLOYEES  
37.01 Application of the Collective Agreement  
383  
Except as specifically provided herein, the provision of this Agreement shall apply to  
casual employees as defined in Article 1.01.  
37.02 Exceptions  
The articles not applicable to casual employees, except as provided in Article 38, are:  
(a)  
(b)  
(c)  
(d)  
(e)  
(f)  
Service (Article 1.02)  
Time off for Union Business (Article 13)  
Appointment (Article 9)  
Hours of Work (Article 14)  
Overtime (Article 15)  
Vacations (Article 17)  
(g)  
(h)  
(i)  
Holidays (Article 18)  
Leaves (Article 19)  
Sick Leave (Article 21)  
(j)  
Pensions (Article 30)  
(k)  
(l)  
Group Insurance (Article 20)  
Long Term Disability (Article 21.06)  
Retirement Allowance (Article 29)  
Job Security (Article 32)  
Part-Time employees (Article 39)  
Prepaid Leave (Article 44)  
(m)  
(n)  
(o)  
(p)  
37.03 Appointment  
A casual Employee shall be appointed on a non-permanent basis and is not obliged to  
report to work when called subject to Article 38.03 (c).  
37.04 Probationary Period  
384  
(a)  
(b)  
(c)  
(d)  
Notwithstanding Article 37.03, a newly hired casual Employee may be appointed  
to her position on a probationary basis for a period not to exceed 495 hours of  
time actually worked or ten (10) months, whichever is greater.  
The Employer shall, after the Employee has served as a casual on a  
probationary basis for the period indicated in Article 37.04 (a), confirm the  
appointment.  
The Employer shall, after the casual Employee has served in a position on a  
probationary period for the period indicated in Article 37.04 (a), confirm the  
appointment.  
A casual Employee who has completed her probationary period and whose  
employment has been terminated for any reason and who is reappointed as a  
casual within twelve (12) months from the date of termination shall not have to  
complete another probationary period.  
37.05 Termination of Probationary Appointment  
(a)  
The Employer may terminate a probationary casual Employee at any time.  
(c)  
If the employment of a probationary casual Employee is to be terminated  
for reasons other than wilful misconduct or disobedience or neglect of duty, the  
Employer shall advise the casual Employee of the reason in writing not less than  
ten (10) days prior to the date of termination.  
(c)  
The Employer shall notify the Union when a probationary casual Employee is  
terminated.  
37.06 Assignment of Casual employees  
Casual employees shall be offered work in accordance with Article 38.  
385  
37.07 Pay in Lieu of Benefits  
A casual Employee shall receive an additional eleven (11%) per cent of her straight time  
pay in lieu of benefits (e.g., vacation, holidays, etc.) under this Agreement. This shall be  
paid to the Employee with each bi-weekly pay.  
37.08 Overtime  
A casual Employee shall be entitled to overtime compensation at one and one-half (1 ½)  
times her rate of pay when she works in excess of the bi-weekly hours for the  
classification.  
37.09 Holiday Pay  
A casual Employee who works on a designated holiday defined in Article 18.01 shall be  
paid two (2) times her regular rate for all hours worked on Christmas Day, and one and  
one-half (1 ½) times her regular rate for all hours worked on any other designated  
holiday.  
37.10 Overtime on a Holiday  
A casual Employee who works overtime on a designated holiday as defined in Article  
18.01 shall be paid two and one-half (2 ½) times her regular rate for all overtime hours  
worked on Christmas Day and two (2) times her regular rate of pay for all overtime hours  
worked on any other designated holidays.  
37.11 Leaves  
(c)  
A casual Employee filling Relief Assignments shall be entitled to  
the following leaves:  
(i)  
Bereavement Leave (Article 19.02);  
(ii)  
(iii)  
Selection/Promotion Process Leave (Article 19.05);  
Pregnancy Leave (Article 19.06(a) to (n)) but without Pregnancy  
Allowance (Article 19.06(o));  
386  
(iv)  
Leave for Birth of Child (Article 19.09);  
(d)  
To obtain paid leave for any of the above, the Employee must be  
scheduled to work on the day the leave is required. In the case of  
bereavement leave pursuant to Article 19.02(a), the casual Employee  
shall receive paid leave only for those shifts previously scheduled within  
the said seven (7) calendar days.  
37.12 Rate of Pay upon Appointment  
Subject to Article 37.14, the rate of compensation of a casual Employee shall be the  
minimum rate prescribed for the classification to which she is appointed.  
37.13 Exception to Rate of Pay  
The rate of compensation of a casual Employee may be at a rate higher than the  
minimum rate prescribed for the classification if, in the opinion of the Employer, such  
higher rate is necessary to affect the appointment, or if the casual Employee to be  
appointed has qualifications in excess of the minimum requirements.  
37.14 Pay Increments  
A newly hired Casual Employee’s date of employment shall be the date first  
worked as a Casual Employee.  
(i)  
Casual employees who have worked one thousand two hundred and fifty  
(1250) regular hours or more within the following twelve (12) calendar  
month period(s) shall be recognized for an additional year of service on the  
increment scale.  
(ii)  
Casual employees who have worked less than one thousand two hundred  
and fifty (1250) regular hours within the following twelve (12) calendar  
month period(s) shall be recognized for an additional year of service on the  
increment scale on the day when one thousand two hundred and fifty  
387  
(1250) hours are achieved. This revised date shall become the Casual  
Employee’s current casual increment date.  
(iii)  
(iv)  
Casual employees cannot advance more than one increment level in any  
twelve (12) month period.  
Should a Casual Employee become a Permanent Employee, the new date of  
employment shall be the date of appointment to the Permanent position.  
37.15 No Avoidance  
A casual Employee shall not be used for the purpose of avoiding filling permanent  
vacancies.  
37.16 Termination of Employment Relationship  
A casual Employee who has not been called to report for work, or who has been  
unavailable for work for twelve (12) months, notwithstanding Article 38.03 (c), shall  
cease to be an Employee. A casual Employee who refuses to accept an offered  
shift of three (3) hours or less shall not be deemed to have been unavailable to  
work that shift.  
37.17 Headings  
The headings in this Article are for ease of reference only and shall not be taken into  
account in the construction or interpretation of any provisions to which they refer.  
ARTICLE 38 – LONG ASSIGNMENTS, SHORT ASSIGNMENTS,  
AND RELIEF ASSIGNMENTS  
388  
38.01 Casual Availability List  
The Employer shall maintain a Casual Availability List, which shall list all eligible  
employees who have indicated a desire to be assigned casual work. Only employees on  
the recall list, permanent part-time employees, and casual employees are eligible to be  
on the Casual Availability List.  
38.02 Employee(s) on Recall List  
Notwithstanding any provision of this Article, all available casual work shall be first  
offered to an Employee who has recall rights provided she possesses the necessary  
qualifications, skills, and abilities, as determined by the Employer, reflecting the  
functions of the job concerned. An Employee on the Recall List may instruct the  
Employer to remove her name from a Work Area Specific Casual List at the time of  
layoff notice or any time during the recall period as specified in Article 32.  
38.03 Work Area Specific Casual Lists  
(a)  
(b)  
The Casual Availability List shall be broken down into Work Area Specific Casual  
Lists.  
Provided an Employee possesses the necessary qualifications, skills, and  
abilities reflecting the functions of the job concerned, as determined by the  
Employer, an Employee as specified in Article 38.01 may have her name placed  
on a Work Area Specific Casual List. Such Employee may also have her name  
placed on other Work Area Specific Casual Lists in accordance with (e) and (f)  
below.  
(c)  
An Employee on a Work Area Specific Casual List is not obliged to accept an  
assignment when offered. However, if an Employee is consistently unavailable  
when called for work on a unit, she shall be struck from that Unit Specific Casual  
List unless the Employee has notified the Employer that she shall be unavailable  
for work for a specific period of time or if the offered shifts that were declined  
were of three (3) hours or less.  
(d)  
It is the responsibility of the Employee to keep the Employer informed of any  
changes in her desire to be assigned casual work.  
389  
(e)  
The assigning order for a Work Area Specific Casual List is:  
(i)  
employees on the recall list in order of their seniority;  
permanent part-time employees in order of their seniority; and  
casual employees in order of their seniority;  
(ii)  
(iii)  
(f) Permanent Part-time employees  
(i)  
A permanent part-time Employee may place her name on the Work Area  
Specific Casual List of her work area if she wishes to be offered casual  
work. Such Employee must indicate whether she wants to be offered  
short assignments and/or extra shifts and/or relief shift assignments.  
(ii)  
A permanent part-time Employee may request that her name be placed  
on one (1) additional Work Area Specific Casual List. Such a request  
shall be considered by the Employer and the decision will be made based  
on operational requirements.  
(g)  
Casual employees  
A casual Employee may place her name on any Work Area Specific Casual  
List(s).  
(h)  
The Employer may determine that an Employee on the Work Area Specific  
Casual List no longer possesses the necessary qualifications, skills, and abilities  
390  
as determined by the Employer, reflecting the functions of the job concerned. If  
the Employer determines that the Employee is no longer qualified, the Employee  
shall be struck from that Work Area Specific Casual List, in which case written  
notification shall be given to the Union and the Employee.  
(i)  
In unusual situations, the Employer may request an Employee who is not on a  
particular Work Area Specific Casual List to work in that work area. Such an  
assignment does not result in the Employee being deemed qualified for the unit’s  
list.  
38.04  
Part-Time and Casual Employee’s Extra Shifts  
(i)  
All Part-Time and Casual employees shall indicate to the Immediate  
Management Supervisor (on the Part-Time Employee Availability Form  
(Appendix 3) whether or not the Employee is interested in the assignment  
of shifts, that are known prior to posting (extra shifts) and that are beyond  
her/his designation as a percentage of Full-Time hours.  
(ii)  
A Permanent Part-Time Employee on the Work Area Specific Casual List  
may be assigned extra shifts up to the point of his/her indicated  
willingness to work extra shifts. The Employer shall normally assign extra  
shifts to such Permanent Part-Time employees as equitably as possible per  
posting on the basis of indicated availability. If extra shifts still exist after  
assignment of the extra shifts to Permanent Part-Time employees, as set  
out above, the Employer may offer the extra shift(s) to Casual employees.  
(iii)  
A Part-Time and Casual Employee is permitted to submit a revised  
Availability Form indicating availability by March 1st (for April to June); by  
June 1st (for July to September); by September 1st (for October to  
December); and by December 1st (for January to March). A revised Part-  
Time Employee Availability Form may be submitted more often where  
mutually agreed with the Employer. Such agreement shall not be  
unreasonably withheld.  
38.05 Long Assignments  
(a)  
A Long Assignment is non-permanent work of a duration greater than six (6)  
months and shall be used for the purpose of filling vacancies temporarily vacated  
as a result of long term disability, job-share arrangements, Workers’  
391  
Compensation leave, and approved leaves of greater than six months; and for  
staffing special projects.  
(b)  
(c)  
Except in the circumstances outlined in paragraph (c) below, Long Assignments  
shall be posted in accordance with Article 10.  
Where the Long Assignment is being used to temporarily replace an Employee  
on a pregnancy-related absence for a continuous period in excess of six (6)  
months, which includes the total pregnancy leave combined with an Employee’s  
parental leave and any other related leave, the assignment may be filled in  
accordance with the procedure in Article 38.05. An Employee on such long  
assignment shall in all other respects be treated as an Employee on Long  
Assignment.  
(d)  
(e)  
(f)  
A permanent Employee who applies for and accepts a Long Assignment shall  
maintain her permanent status for the duration of that Assignment. Benefits shall  
be pro-rated in accordance with the designation of the Assignment.  
A casual Employee who accepts a Long Assignment shall receive fifteen (15)  
days paid vacation leave pro-rated for the designation and the duration of her  
assignment.  
Notwithstanding Article 37.02, a casual Employee who accepts a Long  
Assignment shall only be excluded from the following benefits:  
(i)  
Vacation (Article 17)  
(ii)  
Pregnancy Leave Allowance (Article 19.06(n))  
Adoption Leave Allowance (Article 19.08(i))  
Prepaid Leave (Article 19.15 and 44)  
Leave of Absence for Political Office (Article 19.16)  
Military Leave (Article 19.17)  
(iii)  
(iv)  
(v)  
(vi)  
(vii)  
Education Leave (Article 19.18)  
392  
(viii) Retirement Allowance (Article 29)  
(ix)  
(x)  
Job Security (Article 32)  
Job Sharing (Article 40)  
(g)  
(h)  
All benefits enjoyed by a casual Employee in a Long Assignment shall be pro-  
rated, if appropriate, for the designation and duration of the Assignment.  
A casual Employee who accepts a Long Assignment shall be entitled to:  
(i)  
Group Insurance (Article 20), Medical Benefits, and at the casual  
Employee’s option, Pension (Article 30) so long as the Employee meets  
the eligibility requirements of the applicable plan, pro-rated for the  
designation of the Long Assignment if the designation of the Long  
Assignment is .4 FTE but less than full time;  
(ii)  
Group Insurance (Article 20), Medical/Dental Benefits, and, at the casual  
Employee’s option, Pension (Article 30) so long as the Employee meets  
the eligibility requirements of the applicable plan, if the designation is  
full time;  
(iii)  
Effective July 1, 1999, Article 38.05 (h)(ii) shall apply to all casuals who  
accept a Long Assignment of .4FTE or greater.  
(i)  
A casual Employee who accepts a Long Assignment will be scheduled in  
accordance with Article 14 of this Agreement.  
(j)  
Overtime shall be granted in accordance with Article 15 or Article 39, whichever  
is applicable to the Assignment.  
(k)  
When the Long Assignment ends, a permanent Employee shall return to her  
former position, or if that position no longer exists, the matter shall be referred to  
the Joint Committee on Technological Change.  
393  
(l)  
When a Long Assignment ends, a casual Employee shall return to the Work Area  
Specific Casual List(s).  
(m)  
If a Long Assignment or consecutive Long Assignment(s) extends beyond four  
(4) years, a casual Employee in such Assignment(s) shall receive all benefits a  
permanent Employee would receive.  
38.06 Relief Shift Assignments  
(a)  
A Relief Shift Assignment becomes available after a shift schedule has been  
posted and does not exceed one (1) month. A Relief Shift Assignment” shall be  
offered on a rotating basis to employees on a Work Area Specific Casual List.  
Where operational requirements permit, an Employee may be assigned up to a  
maximum of five (5) shifts.  
(b)  
(c)  
An Employee offered Relief Shift Assignment is not required to accept the  
Assignment.  
Accepting a Relief Shift Assignment shall not increase the designation of a  
Permanent Part-time Employee.  
38.07 Short Assignments  
(a)  
(b)  
A Short Assignment is non-permanent work of a duration of greater than one  
month but not exceeding six (6) months.  
Short Assignments shall be filled from the Work Area Specific Casual List as  
follows:  
394  
(i)  
employees on the recall list in order of their seniority;  
permanent part-time employees in order of their seniority;  
casual employees in order of their seniority.  
(ii)  
(iii)  
(c)  
(d)  
(e)  
If a Short Assignment is not able to be filled in accordance with Article 38.07 (b),  
it shall be posted in accordance with Article 10.  
An Employee offered a Short Assignment is not required to accept the  
Assignment.  
A permanent Employee who accepts a Short Assignment shall maintain her  
permanent status for the duration of that Assignment. Benefits shall be pro-rated  
for the designation of the Assignment, if applicable.  
(f)  
A casual Employee who accepts a Short Assignment shall receive the following  
benefits, prorated, if applicable for the designation of her Assignment:  
(i)  
fifteen (15) days’ unpaid vacation per year;  
Leave for Union Business (Article 13);  
(ii)  
(iii)  
Leaves (Article 19), excluding Pregnancy Leave Allowance, Adoption  
Leave Allowance, Leave of Absence for Political Office, Prepaid Leave,  
Military Leave, Education Leave (Articles 19.06(n), 19.08(i), 19.15, 19.16  
and 19.17);  
(iv)  
(v)  
Sick Leave  
Eleven percent (11%) in lieu of benefits.  
(g)  
A casual Employee who accepts a Short Assignment will be scheduled in  
accordance with Article 14 of this Agreement.  
395  
(h)  
(i)  
Overtime shall be granted in accordance with Article 15 or Article 39, whichever  
is applicable to the Assignment.  
When a Short Assignment ends, a permanent Employee shall return to her  
previous position, or if that position no longer exists, the matter shall be referred  
to the Joint Committee on Technological Change.  
(j)  
When the Short Assignment ends, a casual Employee shall return to the Unit  
Specific Casual List(s).  
38.08 Part-time employees Accepting Assignments of Full-time Hours  
Any part-time Employee whose name is on a Work Area Specific Casual List(s) shall  
have her name removed from the list(s) during the assignment of full-time hours.  
38.09 Cancellation of Relief Shift Assignment  
An Employee accepting a Relief Shift may have that shift cancelled with three (3)  
hours notice if there is no longer a requirement for the Relief Shift. If less than three (3)  
hours notice is given for a cancelled relief shift, the Casual or Part-Time Employee  
shall be provided with work for the cancelled relief shift. 38.10  
Pay  
Reporting  
An Employee reporting for work as scheduled and finding no work available will be  
guaranteed four (4) hours pay at her rate of pay.  
38.10 Termination of Assignments  
(a)  
(b)  
The Employer may terminate a Long Assignment, a Short Assignment, or a  
Relief Assignment at any time.  
If a Long Assignment or a Short Assignment is to be discontinued, the Employer  
shall advise the Employee in writing not less than ten (10) days prior to the date  
of discontinuance.  
396  
(c)  
The Employer will notify the Union when a Long Assignment or Short Assignment  
is discontinued.  
38.11 Pay in Lieu of Notice  
Where less notice in writing is given than required in Article 38.10(b), an Employee shall  
continue to receive her pay for the number of days for which the notice was not given.  
38.12 Completion of Assignments  
(b)  
(b)  
Subject to paragraph (b), an Employee who accepts a Long or Short Assignment  
cannot commence another such assignment until the Employee’s existing  
assignment is completed.  
The restriction above in paragraph (a) will not apply in cases where a subsequent  
assignment arises in the same classification and where the Employee would not  
require additional training or orientation to perform the duties of the subsequent  
assignment.  
38.13 Casuals Placed in Assignments  
(c)  
A casual Employee on a full-time Long or Short Assignment shall have her name  
temporarily removed from all Work Area Specific Casual Lists for the duration of the  
Assignment.  
(d)  
A casual Employee on a part-time assignment shall be restricted in accordance with  
Article 38.03(f)(i) and (ii).  
38.14 Overtime Restrictions  
The Employer is not obliged to offer extra or relief shifts to an Employee when she  
becomes eligible for overtime compensation.  
38.15 Headings  
The headings in this Article are for ease of reference only and shall not be taken into  
account in the construction or interpretation of any provision to which they refer.  
397  
ARTICLE 39 - PART-TIME EMPLOYEES  
39.01 Application of Collective Agreement  
Except as specifically provided herein, the provisions of this Agreement shall apply to  
part-time employees as defined in Article 1.01.  
39.02 Entitlement to Benefits  
Part time employees will be covered by this Agreement and shall be entitled to benefits  
pro-rated on the basis of hours worked, except as otherwise agreed to by the Parties.  
39.03 Hours Worked  
(a)  
“Hours worked” for a part-time Employee shall mean the Employee’s designated  
hours of work.  
(c) Although not “hours worked” as applicable in this Article, when a part-time  
employees works an extra shift or relief shift assignment, she shall  
receive an additional amount over and above her current rate of pay in  
lieu of benefits.  
(c) Part-time employees who accrue sick leave credits shall receive an  
additional eleven percent (11%) over and above her current rate of pay  
in lieu of benefits for an extra shift or a relief shift assignment. In  
addition, she shall accrue sick leave credits for the extra shift or relief  
shift assignment.  
39.04 Earning Entitlements  
For the purposes of earning entitlement to a benefit (e.g., vacation increment, merit  
increments, pregnancy leave, etc.), calendar time of employment will be applicable.  
39.05 Unpaid Leave  
398  
Unpaid leave, such as pregnancy leave, will not be pro-rated as to the length of time  
granted.  
39.06 Bereavement Leave  
An Employee who has a death in her immediate family shall receive seven (7) calendar  
days leave pursuant to Article 19.02(a), however, the minimum hours of paid leave shall  
be pro-rated as to the Employee’s designation. All other bereavement leaves pursuant to  
Article 19.02 shall not be pro-rated.  
39.07 Service  
Service of a Part Time Employee shall be in accordance with Art. 1.02  
39.08 Overtime  
(a)  
(b)  
(c)  
(d)  
Part-time employees will be entitled to overtime compensation in accordance  
with this Agreement when they work in excess of the normal full-time bi-weekly  
hours.  
Part-time employees who are scheduled for a shift of seven (7) or more hours will  
be entitled to overtime compensation for time worked beyond the scheduled  
hours.  
Part-time employees who are scheduled to work a shorter period than the full-  
time shift will be entitled to overtime compensation after they have worked the  
equivalent of a full shift.  
Where part-time employees are scheduled to work less than the normal hours  
per bi-weekly period of full-time employees in the work unit, straight time rates  
will be paid up to and including the normal work hours in the bi-weekly period of  
the full-time employees and overtime rates will be paid for hours worked in  
excess thereof.  
39.09 Group Insurance  
399  
(a)  
(b)  
Part-time employees (.4 FTE or greater) will be covered by a medical plan which  
is equivalent in coverage to the health care plan covering full-time employees.  
The Employer will pay 65% of the total premium cost for such health care  
coverage. The Employee agrees to pay 35% of her total premium cost.  
Part-time employees (.4 FTE or greater) will be covered by group life insurance  
with benefit entitlement prorated on the basis of hours worked. For example, fifty  
per cent (50%) of the full-time hours in a position with an annual (full-time) salary  
of $30,000 will have her insurance coverage based on $15,000 per annum  
salary.  
(c)  
Part-time employees are entitled to coverage pursuant to the Long Term  
Disability Plan applicable to full-time employees covered by this collective  
agreement.  
39.10 Pension  
(a)  
(b)  
Part-time employees who are presently covered by a pension plan shall continue  
to be covered by the terms of that plan.  
Part-time employees not presently covered by a pension plan shall be brought  
under the terms of one of the existing plans, as determined by mutual agreement  
of the parties.  
39.11 Headings  
The headings in this Agreement are for ease of reference only and shall not be taken  
into account in the construction or interpretation of any provision to which they refer.  
ARTICLE 40 - JOB SHARING  
40.01 Terms and Conditions of Job Sharing  
400  
The terms and conditions governing job sharing arrangements will be as mutually  
agreed to by the Union and the Employer.  
40.02 Rights and Benefits  
Except as otherwise provided herein, employees participating in job-sharing  
arrangements will be entitled to all rights and benefits provided for in the Collective  
Agreement.  
40.03 Existing employees Only  
Job sharing will only be permitted when requested by existing employees and those  
employed in job sharing situations will continue to be members of the Bargaining Unit  
and covered by the Agreement.  
40.04 Operational Requirements  
Job-sharing arrangements will only be authorized where operational requirements permit  
and the provision of services is not adversely affected.  
40.05 Qualifications  
Both employees in a job-sharing arrangement must be permanent employees, one of  
whom is the incumbent of the position to be shared. Both employees must share the  
same job classification/title and be suitably qualified and capable of carrying out the full-  
time duties and responsibilities of the position to be shared.  
40.06 Identification of Job Share  
401  
An Employee wishing to job share her position has the responsibility of finding an eligible  
Employee willing to enter into the job-sharing arrangement. The two employees  
requesting approval to implement a job-sharing arrangement will submit a request to the  
immediate supervisor of the position to be job shared.  
40.07 Period of Job Share  
A position will be shared for a minimum of nine (9) months and a maximum period of two  
(2) years. Any extension beyond the two-year (2) maximum period must be mutually  
acceptable to both employees, the Employer, and the Union. At the end of the job-  
sharing period, the employees will resume the former positions they held prior to  
entering into the job-sharing arrangement or if that position no longer exists, to another  
position in accordance with this Agreement.  
40.08 Work Schedule Requirements  
Each of the two employees in a job-sharing arrangement will be required to fulfill one-  
half of the full-time work schedule requirements averaged over a maximum of two (2)  
complete bi-weekly pay periods, except where a request for a greater averaging period  
has the prior approval of both the employer and the union.  
40.09 Service  
employees will be credited with one-half (1/2) month’s service each calendar month of  
the job-sharing arrangement and not be subject to the provisions of Article 1.02(b) of the  
Agreement. An Employee’s anniversary and/or service date for the purposes of earning  
a merit increment, and increment in vacation entitlement will remain unchanged as if the  
Employee were working on a full-time basis.  
40.10 Hours of Work  
For the purposes of this Agreement, an Employee’s regular work day or regular work  
week will be the Employee’s scheduled hours of work under the job-sharing  
402  
arrangement. A day on which an Employee is not scheduled to work will be considered  
as the Employee’s rest day. Time worked by an Employee outside her scheduled hours  
of work will be compensated as overtime in accordance with Article 15 of this  
Agreement, with the Employee’s bi-weekly rate being determined on the basis as if she  
were working the normal full-time hours.  
40.11 Pro-Rating of Benefits  
The following benefits will be prorated in accordance with this Article:  
(a)  
(b)  
Holidays - Each Employee will be entitled to one-half (1/2) the paid holidays  
provided for under Article 18 of the Agreement.  
Long Term Disability - During the job sharing period, Employer and Employee  
contributions to the LTD Fund will continue to be based upon the Employee’s  
normal full-time salary. For the purposes of determining an Employee’s benefits  
during the job-sharing period, the amount of coverage will be based upon the  
normal salary the Employee is entitled to receive during the job-sharing period.  
Upon the expiry date of the job-sharing period, as specified in the Employee’s  
approved application, the amount of coverage will be based upon the normal  
full-time salary the Employee would be entitled to receive in the position she/he  
held prior to entering the job-sharing arrangement.  
(c)  
(d)  
Other Paid Leaves - One-half (1/2) the entitlement provided for in this  
Agreement.  
Group Life Assurance - Cost sharing of premiums and benefit entitlement will  
be based on one-half the Employee’s normal full-time salary.  
40.12 Pension  
Pursuant to Article 30 of the Agreement, employees shall continue to be covered by the  
provisions of the applicable pension plan.  
403  
40.13 Termination  
In the event one of the participants vacates the job-shared position (eg: through  
termination of employment, appointment to another position or being placed on leave  
under the LTD plan), the job-sharing arrangement will terminate and the remaining  
participant will revert to full-time status in the position occupied prior to the job-sharing  
arrangement or if the position no longer exists, to another position in accordance with  
this Agreement.  
40.14 Notice  
If either participant or the employer wishes to terminate the job-sharing arrangement  
prior to its expiry, a minimum of sixty (60) calendar days’ written notice shall be required.  
40.15 Extension of Job Share  
If the two employees wish to extend their job-sharing arrangement beyond the initial  
period covered by their application or the maximum two-year period provided for in  
Article 40.08, they shall give a minimum of sixty (60) calendar days’ written notice of  
such intent prior to the expiry of the original job-sharing arrangement.  
40.16 Filling of Vacancy  
An incumbent filling any position temporarily vacated as a result of job sharing will be  
covered by the Collective Agreement.  
40.17 Costs  
404  
The parties agree that, except for the cost of benefits provided for under this Article  
and/or the Collective Agreement, there shall be no added cost to the Employer directly  
resulting from any job-sharing arrangement.  
ARTICLE 41 - AMENDMENT  
41.01 This Agreement may be amended by the mutual consent of both parties.  
ARTICLE 42 - CLASSIFICATION & RECLASSIFICATION  
42.01 Classification and Salary Adjustments  
(a)  
When a new classification or a classification is introduced or when an existing  
classification has been substantially altered during the life of this Agreement, the  
rate of pay shall be subject to negotiations between the Employer and the Union.  
The Employer may implement a new classification and attach a salary to it,  
providing that the Union is given ten (10) days written notice in advance.  
(b)  
(c)  
If the parties are unable to agree on the rate of pay for the new or substantially  
altered classification, the Union may refer the matter to a single Arbitrator who  
shall determine the new rate of pay.  
The new rate of pay shall be effective from the date the Employee commenced  
employment in the new position or from the date the Employee submitted to the  
Employer a written request based on substantial alteration pursuant to Article  
42.01.  
42.02 Classification Appeal Procedure  
405  
An Employee shall have the right to appeal the classification of the position she occupies  
in accordance with the following:  
(a)  
If an Employee believes that the position she occupies is improperly classified,  
she shall notify her immediate management supervisor, in writing, of both the fact  
she believes she is improperly classified and the basis for that belief.  
(b)  
(c)  
The Employer shall, upon request, provide the Employee with a written statement  
of duties and responsibilities within sixty (60) days of the request.  
If there is a dispute between the immediate management supervisor and the  
Employee concerning the classification of the position the Employee occupies, or  
if the Employee believes there is a conflict between the classification standards  
or position description and the statement of duties, the Employee may initiate a  
formal appeal in writing to the Director of Human Resources. The Director of  
Human Resources or designate shall respond in writing to the Employee within  
sixty (60) days of the receipt of such appeal.  
(d)  
If the foregoing procedure does not lead to a satisfactory resolution, within sixty  
(60) days of receipt of the reply from the Director of Human Resources or  
designate, the matter may be may be referred to Arbitration in accordance with  
Article 26.  
(e)  
(f)  
An Employee shall have the right of Union representation in respect to any  
appeal submitted.  
The effective date of any resulting upward revision in classification shall be the  
first day of the bi-weekly period immediately following the date of receipt by the  
Employer of the Employee's written appeal submitted pursuant to 42.02(c).  
406  
ARTICLE 43 - SUCCESSOR RIGHTS  
43.01 Where the Employer sells, leases or transfers or agrees to sell, lease or transfer its  
business or the operations thereof, or any part of either of them, this Agreement  
continues in force and is binding upon the purchaser, lessee, or transferee, subject to  
the Trade Union Act.  
ARTICLE 44 - PREPAID LEAVE PLAN  
44.01 Purpose  
(a)  
The Prepaid Leave Plan is established to afford employees the  
opportunity of taking a self-funded leave of absence not to exceed twelve  
(12) months.  
(b)  
When a leave of absence is taken for the purpose of permitting the full-  
time attendance of the Employee at a designated educational institution  
(within the meaning of subsection 118.6 (i) of the Income Tax Act), the  
leave shall not be for less than three (3) consecutive months and in any  
other case not less than six (6) consecutive months.  
44.02 Terms of Reference  
(a)  
(b)  
It is the intent of the Union and the Employer that the quality and delivery  
of service to the public be maintained.  
A suitable replacement for the Employee on leave will be obtained where  
required, and the incumbents filling any position(s) temporarily vacated as  
a result of such leave will be covered by the Collective Agreement.  
(c)  
Applications under this Plan will not be unreasonably denied, and any  
permitted discretion allowed under this Plan will not be unreasonably  
refused.  
44.03 Eligibility  
Any permanent Employee is eligible to participate in the Plan.  
44.04 Application  
407  
(a)  
(b)  
An Employee must make written application to the Employer at least four  
(4) calendar months in advance, requesting permission to participate in  
the Plan. A shorter period of notice may be accepted by the Employer.  
Entry date into the Plan for deductions must commence at the beginning  
of a bi-weekly pay period.  
Written acceptance or denial of the request, with explanation, shall be  
forwarded to the Employee within two (2) calendar months of the written  
application.  
44.05 Leave  
(a)  
(b)  
The period of leave will be for six (6) months to one (1) year.  
On return from leave, the Employee will be assigned to her/his same  
position or, if such position no longer exists, the Employee will be  
governed by the appropriate provisions of this Agreement.  
(c)  
After the leave, the Employee is required to return to regular employment  
with the Employer for a period that is not less than the period of the leave.  
44.06 Payment Formula and Leave of Absence  
The payment of salary, benefits and the timing of the period of leave shall be as follows:  
(a)  
During the deferral period of the Plan, preceding the period of the leave,  
the Employee will be paid a reduced percentage of her salary. The  
remaining percentage of salary will be deferred, and this accumulated  
amount plus the interest earned shall be retained for the Employee by the  
Employer to finance the period of leave.  
(b)  
(c)  
The deferred amounts, when received, are considered to be salary or  
wages and as such are subject to withholding for income taxes, Canada  
Pension Plan and Employment Insurance at that time.  
The calculation of interest under the terms of this Plan shall be done  
monthly (not in advance). The interest paid shall be calculated by  
averaging the interest rates in effect on the last day of each calendar  
month for: a true savings account, a one (1) year term deposit, a three (3)  
year term deposit and a five (5) year term deposit. The rates for each of  
the accounts identified shall be those quoted by the financial institution  
maintaining the deferred account. Interest shall be based upon the  
average daily balance of the account and credited to the Employee’s  
account on the first day of the following calendar month.  
408  
(d)  
(e)  
A yearly statement of the amount standing in the Employee’s credit will be  
sent to the Employee by the Employer.  
The maximum length of the deferral period will be six (6) years and the  
maximum deferred amount will be 33-1/3% of salary. The maximum  
length of any contract under the Plan will be seven (7) years.  
(f)  
The Employee may arrange for any length of deferral period in  
accordance with the provisions set out under Article 44.06(e).  
44.07 Benefits  
(a)  
(b)  
(c)  
While the Employee is enrolled in the Plan prior to the period leave, any  
benefits related to salary level shall be structured according to the salary  
the Employee would have received had she not been enrolled in the Plan.  
An Employee’s benefits will be maintained by the employer during her  
leave of absence; however, the premium costs of all such benefits shall be  
paid by the Employee during the leave.  
While on leave, any benefits related to salary level shall be structured  
according to the salary the Employee would have received in the year  
prior to taking the leave had she not been enrolled in the Plan.  
(d)  
(e)  
(f)  
Pension deductions shall be continued during the period of leave. The  
period of leave shall be a period of pensionable service and service.  
Pension deductions shall be made on the salary the Employee would have  
received had she not entered the Plan or gone on leave.  
Sick leave and vacation credits will not be earned during the period of  
leave nor will sick leave be available during such period.  
44.08 Withdrawal  
(a)  
(b)  
An Employee may withdraw from the Plan in unusual or extenuating  
circumstances, such as, but not limited to, financial hardship, serious  
illness or disability, family death or serious illness, or termination of  
employment. Withdrawal must be submitted in writing, detailing the  
reason(s) therefore, as soon as possible prior to the commencement of  
the leave.  
In the event of withdrawal the Employee shall be paid a lump sum  
adjustment equal to any monies deferred plus accrued interest.  
409  
Repayment shall be made as soon as possible within sixty (60) calendar  
days of withdrawal from the Plan.  
(c)  
(d)  
An Employee who is laid off during the deferral period will be required to  
withdraw from the Plan.  
Should an Employee die while participating in the Plan, any monies  
accumulated plus interest accrued at the time of death shall be paid to the  
Employee’s estate as soon as possible within two (2) bi-weekly pay  
periods upon notice to the Employer.  
44.09 Written Contract  
(a)  
All employees will be required to sign the approved contract before  
enrolling in the Plan. The contract will set out all other terms of the Plan in  
accordance with the provisions set out herein.  
(b)  
Once entered into, the contract provisions concerning the percentage of  
salary deferred and the period of leave may be amended by mutual  
agreement between the Employee and Employer.  
ARTICLE 45 - TERM OF AGREEMENT  
45.01 Term of Agreement  
This Agreement shall be in effect for a term beginning from November 1, 2014 and  
ending October 31, 2020. After October 31, 2020, this Agreement shall be automatically  
renewed for successive periods of twelve (12) months unless either party requests the  
negotiation of a new agreement by giving written notice to the other party not less than  
thirty (30) calendar days prior to the expiration of this Agreement or any renewal thereof.  
Wages increases and adjustments are retroactive to November 1, 2014. All other  
Articles of this Agreement, unless otherwise specified, are effective as of upon  
ratification of this Collective Agreement.  
45.02 Eligibility for Retroactive Pay  
All persons who are employees as of May 18, 2018 are eligible for retroactive pay under  
Article 45.01, including those on approved leave and retirees.  
410  
45.03 Retroactivity  
Members of the Bargaining Unit who have resigned or retired since October 31, 2014  
will have thirty (30) days from the date the Agreement is finalized to apply in writing for  
the retroactive wage increase.  
411  
Appx A - List of Classifications  
412  
Appx B - Pay Tables  
413  
MOA #1  
NON-BINDING ARBITRATION*  
Where the parties have been unsuccessful in resolving the matter through the grievance  
procedure, the parties may jointly submit the matter to the Department of Labour and Advanced  
Education’s Non-Binding Arbitration Program. It is understood that non-binding arbitration is a  
voluntary program and that arbitration remains an option should the grievance remain  
unresolved after non-  
binding arbitration.  
414  
APPENDIX 1  
EXPEDITED ARBITRATION - RULES OF PROCEDURE  
6.  
7.  
A single arbitrator shall be appointed to decide the grievance.  
The following persons shall serve as a panel of single arbitrators:  
Susan Ashley  
Bill Kydd  
Eric Slone  
The above arbitrators shall be contacted in advance and advised of the parties’  
expectations pursuant to these Rules of Procedure. Should any arbitrator not be willing  
to adhere to the requirements of this process their name will be removed from the above  
list and the parties will agree on a substitute in the roster.  
8.  
The arbitrators shall be appointed on a rotating basis, in the sequence in which their  
names appear on the above list.  
9.  
The arbitrator, in consultation with the parties, shall convene a hearing of the grievance  
not later than forty (40) days from being appointed. If the arbitrator is not agreeable or available  
to commence the hearing within this time period, the arbitrator whose turn is next in the rotation  
shall be selected, and so on, until one of the arbitrators in the rotation is available.  
10.  
At least ten (10) days prior to the date of the hearing the parties and/or their  
representatives shall meet for the following purposes:  
to exchange copies of any documents that either party intends to rely on in the hearing;  
to establish and attempt to agree on the facts relevant to the grievance;  
to exchange copies of any precedents and authorities; and  
415  
to engage in discussions regarding the possible settlement of the grievance.  
9.  
Should a dispute arise between the parties regarding compliance with the obligations  
outlined in paragraph 5 the issue in dispute may be referred for immediate and binding  
resolution to the arbitrator. This may be done by conference call between the arbitrator and the  
parties.  
10.  
At least five (5) days before the scheduled hearing date the parties shall forward to the  
arbitrator the collective agreement, a copy of the grievance, any agreed statement of facts and  
any other documents or materials agreed upon by the parties.  
11.  
The arbitration hearing shall be an informal and accelerated process. To this end, the  
following procedures shall be in effect:  
The hearing shall be completed within a single day, within the hours of 8:00am and  
6:00pm. At the commencement of the hearing the parties and the arbitrator shall  
attempt to agree upon the allocation of time and if agreement cannot be reached the  
arbitrator shall decide upon such allocation.  
The parties shall make every reasonable effort to minimize the use of witnesses and  
to limit representations to issues directly related to the substance of the individual  
grievance. Whenever practicable, the parties shall stipulate facts not in dispute  
rather than establishing such facts through the evidence of witnesses.  
Every reasonable effort shall be made to ensure that the grievance is addressed on  
its own merits, within the context of the particular circumstances of the individual  
case.  
The arbitrator shall have the permission of the parties to take an activist role and to  
direct that issues be addressed, or not addressed, in the hearing in accordance with  
his or her determination as to its relevance to the outcome.  
9.  
The decision of the arbitrator on the merits of the grievance may be rendered verbally at  
the immediate conclusion of the hearing, or, in any event, within two (2) days following  
the conclusion of the hearing. The arbitrator may remain seized of the grievance to  
determine any issues arising from the implementation of his or her decision.  
416  
10.  
11.  
The arbitrator may provide brief written reasons for the decision, however, these must be  
issued within ten (10) days of rendering the decision.  
The decision of the arbitrator shall be binding on the parties, however, the parties agree  
that decisions issued through this process apply only to the individual grievance decided,  
have no value as precedent and that they shall not be referred to in any other  
proceedings under this collective agreement or otherwise.  
417  
Appx 2 - Laid Off EE Availability Form  
418  
Appx 3: PT & Cas EE Availability Form  
419  
MEMORANDUM OF AGREEMENT #2  
UNIT CLOSURES  
Where the Employer decides to temporarily close a particular work area and this results in work  
being unavailable to an Employee for a period of up to two weeks, an Employee so affected  
shall have the following options:  
1.  
2.  
take vacation during the period in question; or  
use lieu time which has been banked in accordance with Articles 15.09 (Overtime),  
18.05 or 18.06 (Holidays); or  
3.  
to be reassigned to other work within the Employee’s classification, provided that the  
employer has determined that such work is available and no additional training will be  
required; or  
4.  
5.  
take a leave of absence without pay for the full period or any part thereof; or  
where the Employer determines that it is operationally feasible it may enter into  
arrangements with individual employees which allows such employees, in advance of a  
closure, to work beyond the normal working hours (without overtime) and to be credited  
with additional time, on an hour for hour basis, which must be drawn upon and  
completely used prior to the end of the fiscal year.  
It is understood that the provisions of Article 32 shall apply where closures are in excess of two  
weeks.  
420  
MEMORANDUM OF AGREEMENT #3  
MARKET-BASED ADJUSTMENTS  
BETWEEN:  
ISAAK WALTON KILLAM HEALTH CENTRE  
(The Employer)  
(The Unions)  
AND:  
THE NOVA SCOTIA COUNCIL OF HEALTH CARE UNIONS  
This MOA affects all Unionised employees at the IWK.  
1.  
Where the Employer determines that, due to shortages within the labour market, a recruitment  
and/or retention problem exists with respect to a particular classification or group of  
classifications within the Bargaining Unit, the following procedure will be utilized:  
(a) the Employer will consult with the Unions regarding the situation and provide the Unions  
with information supporting its conclusion that such a market problem does exist, along  
with its position in relation to the amount and the time period for any proposed  
supplement to the wage level; and  
(b) the Unions will be provided with an opportunity to make representations and provide any  
additional information concerning the situation before any final decision is made by the  
Employer.  
421  
3.  
Upon completion of this consultation process the Employer may implement a special market-  
based adjustment in respect of the classification(s) in question. Such adjustments will be paid on a bi-  
weekly basis for a defined period of time.  
3.  
Any market-based adjustment will be pro-rated according to designation for permanent part-  
time positions and for designation and duration for full and part-time long or short assignments  
and/or job shares.  
5.  
The amount of the market-based adjustment will be reviewed annually and may be increased if  
the employer, in its discretion, deems this necessary. The decision of the employer in this regard is not  
subject to review by an arbitrator or any other person.  
5.  
The market-based adjustment will not be considered a part of the Employee’s regular  
(negotiated) pay rate for the Employee’s classification.  
6.  
The market-based adjustment will, however, be treated as regular earnings for purposes of  
pension, union dues, statutory deductions (e.g. employment insurance, Canada pension plan,  
income tax) and other earnings, related group benefits plans such as long term disability and life  
and accidental death and dismemberment insurance and for pregnancy and adoption leave  
allowances.  
7.  
8.  
9.  
The market-based adjustment will not be added to the hourly rate when calculating overtime  
rate; rather, overtime rates will be based on the base salary without the market-based  
adjustment.  
The market-based adjustment shall be considered as part of any monies to be reimbursed to the  
Employer by the affected constituent Union (NEW) in relation to any time off for union  
business.  
The market-based adjustment shall be used in calculation of any retirement allowance to which  
an Employee becomes entitled while the adjustment is in effect.  
422  
10.  
11.  
For casual employees the market-based adjustment will be paid at the rate of two shifts per  
week. A quarterly review of time actually worked (excluding overtime) will be undertaken and  
any shifts worked beyond those previously remunerated would then have market-based  
adjustment applied to them.  
For part-time employees, the market-based adjustment will be paid based on their designation  
and their regularly scheduled shifts. Any extra shifts beyond the part-time FTE designation,  
excluding overtime hours, will be reviewed quarterly and paid on the same basis as the casual  
worker.  
12.  
13.  
The 11% in lieu of benefits that is paid to casuals shall be calculated on the base pay plus  
market-based adjustment.  
The existence of the market-based adjustment does not prevent the unions from negotiating  
increases in compensation and benefits in accordance with the collective agreement. Nor does  
the existence of the market-based adjustment prevent the unions from pursuing classification  
issues during the life of the market-based adjustment.  
14.  
Any employees currently in receipt of a market-based adjustment at the signing of this  
agreement will continue to operate under the provisions of that arrangement until it is  
concluded by the Employer.  
Signed on behalf of the Union:  
Signed on behalf of the Employer:  
____________________________  
_______________________________  
423  
____________________________  
_______________________________  
Chief Negotiator  
____________________________  
_______________________________  
Chair, Bargaining Committee  
____________________________  
Vice-Chair, Bargaining Committee  
DATED AT Halifax, N.S. this  
day of  
, .  
424  
MEMORANDUM OF AGREEMENT #4  
QUARTERLY VACATION  
The Parties recognize that employees on some units or in some services are closely integrated  
with employees that have vacation scheduled quarterly, and that in some circumstances it may  
be beneficial to the Parties that certain Employee’s vacations also be scheduled quarterly.  
Where either the Employer or the Union wishes to explore the issue of quarterly vacation  
scheduling, that Party may request a committee be formed for that purpose. The committee  
shall have no more than three representatives from the Employer and the Union. The  
committee shall meet and discuss the issue and if the committee is unanimously in favour of  
quarterly vacation scheduling, attempt to reach an agreement outlining the process for quarterly  
vacation scheduling, the employees to whom it will apply, when it will start, and the duration of  
the agreement or the method of ending it.  
425  
MOA 5  
RE LIFEFLIGHT  
Articles 14.12(c) and 14.12(d) do not apply to employees working LifeFlight. Those  
employees shall be entitled to rest intervals in accordance with the IWK and EHS  
LifeFlight agreement, provided that the rest interval contained in that agreement is not  
less than that found in Article 14.12(d). The Employer will advise the Union in writing of  
any changes to the EHS LifeFlight agreement pertaining to Article 14.  
426  
MEMORANDUM OF AGREEMENT 6:  
Establishing a Single Group Insurance Plan for All employees of the NSHA and IWK  
WHEREAS as of the effective date of their collective agreements the NSHA and IWK (the  
“Employers”) together provide three different Group Insurance plans for their employees;  
AND WHEREAS the parties have agreed that it is mutually beneficial to move all employees to  
a single Group Insurance plan;  
AND WHEREAS the parties have agreed that the Provincial Group Benefits Committee (the  
“Committee”) should review all of the Group Insurance plans currently in place, and make a  
recommendation to the Employers as to which Group Insurance Plan will be adopted for all  
employees;  
NOW THEREFORE the parties agree as follows:  
9.  
The Committee will review all current Group Insurance plans provided by the Employers,  
with the aim of making a recommendation to the Employers as to which single plan will  
be adopted going forward for all employees.  
10.  
11.  
The parties agree that the adoption of a single plan must be cost-neutral.  
The Committee may hire a third party consultant in order to assist with its review, the  
costs of which will be borne by the Employers.  
12.  
13.  
14.  
The Committee’s recommendation will be made to the Employers within one (1) year of  
the effective date of this collective agreement.  
The Employers will move all employees into a single Group Insurance plan within one  
(1) year of receiving the Committee’s recommendation.  
Until there is a new single Group Insurance plan covering all employees in the unit, the  
existing Group Insurance plans will remain in place, including current governance  
structures.  
15.  
Any time limits provided in this MOA may be adjusted on mutual consent of the  
Employers and the Council.  
427  
16.  
The parties agree that Arbitrator Kaplan retains jurisdiction to resolve any disputes  
arising out of the resolution of this MOA.  
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