IN THE MATTER OF AN INTEREST ARBITRATION  
BETWEEN:  
Johnson Controls Canada  
and  
CUPE, Local 145.5  
Before:  
William Kaplan, Chair  
Jean Michel Read, Employer Nominee  
Joe Herbert, Union Nominee  
Appearances  
For the Employer:  
Patrick Groom  
Victor Kim  
McMillan  
Barristers & Solicitors  
For the Union:  
Jonah Gindin  
Research Officer  
CUPE  
The matters in dispute proceeded to a hearing by Zoom on May 10, 2022. Written submissions  
were filed after the hearing. The Board met in Executive Session on May 20, 2022.  
Introduction  
This Board of Interest Arbitration was consensually convened to resolve the outstanding issues  
in dispute for a first collective agreement between Johnson Controls Canada (employer) and  
CUPE, Local 145.5 (union). CUPE represents six employees – all of whom are Facilities  
Maintenance Technician 1’s – providing facility maintenance management at the South and  
Center buildings of the Milton District Hospital site of the Halton Healthcare Services  
Corporation Hospital system (Hospital). The Hospital is comprised of three community hospitals  
– this one, Milton District, and Georgetown and Oakville Trafalgar. Milton District is a 129-bed  
acute care hospital with an emergency department. Maintenance work in the South and Center  
Buildings have been contracted out to the employer. Maintenance work in the North building is  
performed by CUPE members in another bargaining unit pursuant to the central agreement. A  
detailed narrative of the background was filed by the employer.  
The parties were able to resolve many matters before the hearing – Appendix A – and the  
outstanding issues were referred to this consensually agreed-upon Board of Interest Arbitration.  
At the hearing – which was held by Zoom on May 10, 2022 – a number of the remaining issues  
were resolved – and none of them were monetary – and this has been memorialized in Appendix  
B. One union proposal – Article 9.08(b) – was withdrawn by the union after the hearing. The  
employer agreed to another proposal – Scheduling 14.01 – after the hearing. Written submissions  
from both the union and employer were received after the hearing and the Board met in  
Executive Session on May 20, 2022.  
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For its part, the union submits that the terms and conditions of employment in this sector are  
well-established and there was no justification whatsoever in departing from these well-  
established norms. Employees who are in the same job and – effectively – working for the same  
employer should be treated the same. There was no justification for awarding inferior terms and  
conditions of employment and the union urged the Board not to do so. On the other hand, the  
employer insisted that operational issues be taken into account in deciding which proposals to  
award, and which ones to reject. After all, as the employer observed in its written submissions,  
this is a very small bargaining unit. In addition, the employer was also of the view that first  
contract arbitration principles – not replication – should govern. Central terms could and,  
inevitably, would arrive in time. That is the way the systems works and this was a result  
consistent with the relevant authorities, which the employer reviewed.  
Award  
In deciding that outstanding issues, the Board has paid careful attention to both the normative  
and statutory criteria that govern the determination of HLDAA disputes most particularly  
replication: the replication of free collective bargaining. We have also thoroughly reviewed the  
myriad authorities filed and referred to by the parties.  
It is fair to say that the terms and conditions of employment for employees in this sector have  
been well-established through the long-standing central process, and also replicated outside of it  
by non-participating members; they are reflected in the collective agreements in place at this  
Hospital’s other sites, and, as noted above, at the North building at the Milton District site. The  
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Board is also cognizant of, the principles that govern the adjudication of first collective  
agreements as well as their extremely limited application in this sector.  
It is axiomatic that employees in the South and Central building should have the same collective  
agreement terms and conditions as the employees working in the same classification – doing the  
exact same work – in the North building of their site and at the Hospital’s other sites, and the  
same – either central or central equivalent – terms and conditions present at this same site and  
the Hospital’s other sites. In fact, that is the agreed-upon reality – as set out in Appendix A & B  
– in terms of economic and other provisions. Indeed, it is fair to say that not awarding the  
union’s proposals would be a remarkable departure from the appropriate application of the  
replication principle, contrary to well-established authorities, past practice across the sector, and  
not justified by any unique facts or circumstances. Absent exceptional circumstances not present  
here, and in line with the weight of interest arbitration authorities, employees working side by  
side and performing the same work – in this case that means the other sites but also the North  
building on this same site where employees in the identical classification are directly employed  
by Milton District – should enjoy the same terms and conditions of employment.  
Indeed, and to repeat, the parties explicitly recognized and acknowledged the importance of  
replicating the Hospital’s existing collective agreements with CUPE having specifically  
identified one of them as their template (and are even using the grievance procedure in that  
collective agreement while awaiting the outcome of this proceeding and issuance of this award).  
In addition, the parties have replicated central economic terms. However, where it did not make  
sense to award a central proposal for this six-person bargaining unit, we have not done so.  
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Accordingly, the collective agreement settled by this award shall include all the agreed-upon  
items as set out in the two schedules, the item agreed to by the employer after the hearing, and  
the terms of this award. Any proposal not specifically addressed in this award is deemed  
dismissed.  
Award  
Term  
As agreed, November 22, 2017, to September 28, 2021.  
Job Posting – 9.06 (g)  
(g)  
Where there are no successful applicants from within this bargaining unit for vacant positions referred to in  
this Article, employees in other CUPE bargaining units at the Hospital will be selected in accordance with the criteria  
for selection above, prior to considering persons who are not members of CUPE bargaining units at the Hospital. The  
employees eligible for consideration shall be limited to those employees who have applied for the position in  
accordance with this Article, and selection shall be made  
Transfer of Seniority and Service – 9.08(A)  
Union proposal (a) Transfer of Service awarded.  
Pre-Paid Leave Plan - 12.09  
Pre-paid leave plan to be funded solely by the employee subject to the following terms and conditions:  
(a)  
The plan is available to employees wishing to spread four (4) years' salary over a five (5) year period,  
in accordance with Part LXVIII of the Income Tax Regulations, Section 6801, to enable them to  
take a one (1) year leave of absence following the four (4) years of salary deferral.  
(b)  
The employee must make written application to the Employer at least six (6) months prior to the  
intended commencement date of the program (i.e. the salary deferral portion), stating the intended  
purpose of the leave.  
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(c)  
The number of employees that may be absent at any one time shall be determined between the local  
parties. The year for purposes of the program shall be September 1 of one year to August 31 the  
following year or such other twelve (12) month period as may be agreed upon by the employee, the  
local Union and the Hospital.  
(d)  
(e)  
Where there are more applications than spaces allotted, seniority shall govern.  
During the four (4) years of salary deferral, 20% of the employee's gross annual earnings will be  
deducted and held for the employee and will not be accessible to the employee until the year of the  
leave or upon withdrawal from the plan.  
(f)  
The manner in which the deferred salary is held shall be at the discretion of the Employer.  
(g)  
All deferred salary, plus accrued interest, if any, shall be paid to the employee at the commencement  
of the leave or in accordance with such other payment schedule as may be agreed upon between the  
Employer and the employee.  
(h)  
All benefits shall be kept whole during the four (4) years of salary deferral. During the year of the  
leave, seniority will accumulate. Service for the purpose of vacation and salary progression and  
other benefits will be retained but will not accumulate during the period of leave. The employee  
shall become responsible for the full payment of premiums for any health and welfare benefits in  
which the employee is participating. Contributions to the Hospitals of Ontario Pension Plan will be  
in accordance with the Plan. The employee will not be eligible to participate in the disability income  
plan during the year of the leave.  
(i)  
(j)  
(k)  
An employee may withdraw from the plan at any time during the deferral portion provided three (3)  
months notice is given to the Employer. Deferred salary, plus accrued interest, if any, will be  
returned to the employee within a reasonable period of time.  
If the employee terminates employment, the deferred salary held by the Employer plus accrued  
interest, if any, will be returned to the employee within a reasonable period of time. In case of the  
employee's death, the funds will be paid to the employee's estate.  
The Employer will endeavour to find a temporary replacement for the employee as far in advance  
as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave.  
The Employer will give the employee as much notice as is reasonably possible. The employee will  
have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or  
of withdrawing from the Plan and having the deferred salary, plus accrued interest, if any, paid out  
to the employee within a reasonable period of time.  
(l)  
The employee will be reinstated to his or her former position unless the position has been  
discontinued, in which case the employee shall be given a comparable job.  
(m)  
Final approval for entry into the pre-paid leave program will be subject to the employee entering  
into a formal agreement with the Employer in order to authorize the Employer to make the  
appropriate deductions from the employee's pay. Such agreement will include:  
(i)  
A statement that the employee is entering the pre-paid leave program in accordance with  
this Article of the collective agreement.  
(ii)  
The period of salary deferral and the period for which the leave is requested.  
The manner in which the deferred salary is to be held.  
(iii)  
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The letter of application from the employee to the Employer to enter the prepaid leave program will be  
appended to and form part of the written agreement.  
Extended Tours – 14.04  
Where a desire of employees of the Employer/department on a particular unit to introduce extended hours is made  
known in writing, the criteria for introduction, discontinuing and scheduling extended hours will be discussed at a  
Labour /Management Meeting as soon as it is feasible. In the event the Employer and the Union agree to the  
introduction of the extended hours in a particular unit/department the Employer will endeavour to schedule extended  
tours in accordance with the following principles or any other arrangement mutually agreeable to both the Employer  
and the Union:  
i)  
Sixty-six and two-thirds (66.66%) of the employees in the unit/department indicate by secret ballot  
their desire to work extended shifts.  
ii)  
Employees working extended tours shall receive every second week-end off, unless otherwise agreed  
to between the employee and the Employer;  
iii)  
iv)  
The meal periods and rest periods will be as per 14.02.  
This clause will not affect the validity of existing Extended Tours.  
Extended tours may be discontinued in any unit when either party states its intention to discontinue the extended  
tour schedule:  
i)  
ii)  
Sixty-six and two-thirds (66.66%) of the employees affected so indicate by secret ballot.  
The Employer because of  
-
-
-
adverse affect on patient care, or  
inability to provide a workable staffing schedule, or  
the Employer wishes to do so for other reasons which are neither unreasonable nor arbitrary.  
When notice of discontinuation is given by either party in accordance with the above, then:  
1. the parties shall meet within two (2) weeks of giving of notice to review the request for discontinuation;  
2. where it is determined that the extended tours will be discontinued, affected employees shall be given sixty (60)  
days’ notice before the schedules are so amended.  
Call-Back – 15.06  
Where employees are called back to work after having completed a regular shift, and prior to the commencement of  
their next regular shift, they shall receive a minimum of four (4) hours of work, or four (4) hours pay at the rate of  
time and one-half (1-1/2) their regular hourly earnings  
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Conclusion  
At the request of the parties, we remain seized with respect to the implementation of this award.  
DATED at Toronto this 26th day of May 2022.  
“William Kaplan”  
William Kaplan, Chair  
I dissent. Dissent attached.  
Jean Michel Read Employer Nominee  
I partially dissent.  
Joe Herbert, Union Nominee  
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Dissent of Employer Nominee  
I respectfully disagree with the decision of the majority.  
The replication principle seeks to replicate the terms and conditions that would be arrived at through a  
process of free collective bargaining.  
These parties have been negotiating a collective agreement for 3-1/2 years, without  
success. Throughout that period of time, the Employer has adopted, without dispute, the economic  
terms and conditions of employment typically found in health care collective agreements in Ontario. The  
Employer had consistently objected to Union proposals with standard CUPE language where it would  
plainly be absurd when applied to a small, six person, single classification bargaining unit operating  
under a performance contracting model. The Employer also objected to unmodified language that  
would present challenges in contract interpretation because the language was applicable to a large  
Hospital employer, but meaningless and confusing in the context of this Employer’s operation. Plainly, if  
left to free collective bargaining, the Union would never have secured agreement on such provisions  
with this Employer at this location in these circumstances.  
Moreover, and perhaps most troubling, the majority’s approach will only reinforce the Union’s  
unwillingness to engage in meaningful collective bargaining when they can always resort to interest  
arbitration to resolve the dispute. Any application of the replication principle in a manner that will have  
the practical effect of undermining meaningful collective bargaining seems to me to be contrary to the  
principle itself. The majority’s approach all but guarantees that the Union will forever deal with the  
Employer’s legitimate concerns by taking them to arbitration if they deviate from the Union’s standard  
central language.  
With regard to the specific provisions awarded by the majority, I set out my objections below.  
Job Posting, Article 9.06(g)  
With respect, the majority awards language in Article 9.06(g) that is more expansive than the language  
found in the Ellis Don collective agreement that the Union and Employer had agreed would be their  
template for negotiations. In that regard, the majority is deviating from the replication principle. The  
Ellis Don agreement provides that:  
The same language is also found in the CUPE Local 139 Collective Agreement, where the Employer  
executes the same type of work through a subcontractor.  
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Pre-Paid Leave Plan – Article 12.09  
The majority award of Pre-Paid Leave Plan language is irreconcilable with its assertion that it would not  
award language that is inconsistent with the small size of the bargaining unit.  
Unlike the Hospital, the Employer does not have in-house payroll and human resources staff to  
administer a pre-paid leave plan, nor does the Employer have part-time and casual employees it can  
draw upon as replacements. While the Collective Agreement has temporary employee language, the  
majority fails to recognize that such language in fact has a detrimental impact on this Employer’s ability  
to recruit replacement staff.  
The majority’s award also sets the parties up for further dispute wherein it states that “the number of  
employees that may be absent at any one time shall be determined between the local parties”. The  
Employer’s position has been clear – that number is zero. In fact, the words “number of employees that  
may be absent at any one time” are in and of themselves absurd in the context of this Employer’s  
operation at Milton District Hospital.  
Call-Back Article 15.06  
The majority’s award ignores the fact that new technology has allowed the Employer to diminish the  
burden of call back situations by facilitating resolution of many issues by telephone and laptop  
computer, eliminating the need to report back to the facility. This Employer successfully negotiated  
language to allow for such work to be performed at a reduced premium at both Humber River Hospital  
with Teamsters Local 419 (under the terms of a standard SEIU health care agreement) and at Providence  
Care Hospital with OPSEU. The replication principle results in this being the case at this location.  
Moreover, the proposed language is of benefit to the affected employees. It provides fair and  
proportionate compensation for work performed without requiring the employee to return to the  
Hospital. In contrast, all employees are now left with the requirement to return to the work site to  
receive the four (4) hours work they are entitled to under Article 15.06, with no other option.  
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Appendix A  
AGREED TO ITEMS AS OF APRIL 27, 2022  
Article 1 Preamble  
1.01 - Preamble  
The general purpose of this Agreement is to establish and maintain collective  
bargaining relations between the Employer and the employees covered by this  
Agreement; to provide for ongoing means of communication between the Union  
and the Employer and the prompt disposition of grievances and the final settlement  
of disputes and to establish and maintain mutually satisfactory wages, hours of  
work and other conditions of employment in accordance with the provisions of this  
Agreement.  
It is recognized that the employees wish to work efficiently together with the  
Employer to ensure that the operation and maintenance of the Hospital meets  
the Employer’s contractual commitments and obligations.  
1.02 - Feminine/Masculine Pronouns  
Wherever the gender neutral pronoun is used in this Agreement, it includes the  
feminine and masculine pronoun and vice versa where the context so requires.  
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ARTICLE 2 - DEFINITIONS  
2.01 - Temporary Employee  
Employees may be hired for a specific term not to exceed six (6) months, to  
replace an employee who will be on approved leave of absence, absence due to  
W.S.I.B. disability, sick leave, long term disability or to perform a special  
non-recurring task. This term may be extended up to a further six (6) months on  
mutual agreement of the Union, employee and Employer or by the Employer on  
its own up to twelve (12) months where the leave of the person being replaced  
extends that far. The period of employment of such persons will not exceed the  
absentee's leave. The release or discharge of such persons shall not be the  
subject of a grievance or arbitration.  
This clause would not preclude such employees from using the job posting  
provision under the collective agreement and any successful applicant who has  
completed his probation period will be credited with the appropriate seniority.  
The Employer will outline to employees selected to fill such temporary vacancies  
and the Union, the circumstances giving rise to the vacancy, and the special  
conditions relating to such employment.  
2.02 - Part-Time Commitment  
(The following clause is applicable to part-time employees only)  
The Employer shall not refuse to accept an offer from an employee to make a  
written commitment to be available for work on a regular predetermined basis  
solely for the purpose of utilizing casual employees so as to restrict the numbers  
of regular part-time employees.  
The Employer agrees that part time employees will not be used in such a way as  
to reduce or limit the number of full time positions within the bargaining unit  
and/or for the purpose of avoiding the creation of a full time position.  
2.04 - Casual Employee  
A casual employee is one who is not regularly scheduled to work and who is  
employed under an arrangement whereby the person may elect to work or not for  
a temporary period when requested to do so.  
Casual employees shall not be pre-booked or regularly scheduled on weekly  
schedules until such time as all available full time and part time employees have  
been scheduled  
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2.06 - Employee  
“Employee” means a person employed by the Employer within the bargaining unit  
defined in article 2.05, above.  
ARTICLE 3 - RELATIONSHIP  
3.01 - No Discrimination  
The parties agree that there shall be no discrimination within the meaning of the  
Ontario Human Rights Code against any employee by the Union or the Employer  
by reason of race, creed, colour, age, sex, marital status, nationality, ancestry or  
place of origin, family status, disability, sexual orientation, gender and gender  
expression, political affiliation or activity, or place of residence. The Employer  
and the Union further agree that there will be no intimidation, discrimination,  
interference, restraint or coercion exercised or practiced by either of them or their  
representatives or members, because of an employee's membership or non-  
membership in a Union or because of his activity or lack of activity in the Union.  
3.02 – Attendance Management  
Days of absence arising out of a medically-established serious chronic condition,  
an on-going course of treatment, a catastrophic event, absence for which WSIB  
benefits are payable, medically necessary surgical interventions, or days where  
the employee is asymptomatic and is under a doctor’s care from the  
commencement of symptoms for a confirmed communicable disease (and has  
provided medical substantiation of such symptoms) but is required to be absent  
under the Hospital or public health authority protocol, will not be counted for the  
purposes of being placed on, or progressing through, the steps of an attendance  
management program.  
Leaves covered under the Employment Standards Act, and leaves under Article  
12 will not be counted for the purposes of being placed on, or progressing through,  
the steps of an attendance management program.  
3.05 - Notice of Resignation  
An employee who resigns will provide the Employer with a minimum of two (2)  
weeks’ notice in writing.  
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ARTICLE 5 - UNION SECURITY  
5.01 - T4 Slips  
The Employer will provide each employee with a T-4 supplementary slip showing  
the dues deducted in the previous year for income tax purposes where such  
information is available or becomes readily available through the Employer's  
payroll system.  
.
5.02 - Notification to Union  
The Employer will provide the union with a list, monthly of all hirings, lay-offs, recalls and  
positions that have been vacated within the bargaining unit where such information is  
available or becomes readily available through the Employer's payroll system.  
The employer will provide the Union with the current mailing address and phone  
numbers as on record of all members of the bargaining unit twice (2) a year in electronic  
form.  
5.03 - Employee Interview  
A new employee will have the opportunity to meet with a representative of the  
Union in the employ of the Employer for a period of up to 15 minutes during the  
employee's orientation period without loss of regular earnings. The purpose of the  
meeting will be to acquaint the employee with such representative of the Union  
and the collective agreement.  
Such meetings may be arranged collectively or individually for employees by the  
Employer as part of the orientation program.  
5.04 - No Other Agreements  
No employee shall be required or permitted to make any written or verbal  
agreement with the Employer or its representative(s) which conflicts with the terms  
of this agreement.  
No individual employee or group of employees shall undertake to represent the  
union at meetings with the Employer without proper authorization from the union.  
5.05 - Dues Deduction  
(a)  
All employees in the bargaining unit will have deducted from their pay an amount  
equal to the Union dues. Such deductions shall be made from each pay as a  
percentage of earnings and such monies shall be remitted to the National  
Secretary-Treasurer of the Canadian Union of Public Employees on or before the  
tenth (10) day of the following month.  
Deductions so remitted shall be accompanied by a list of those employees from  
whom the deductions were made  
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(b)  
(c)  
As a condition of employment Employees shall become members of the Union  
on their date of hire.  
In consideration of the deducting and forwarding of Union dues by the Employer,  
the Union shall indemnify and save harmless the Employer against any claims or  
liability arising out of the operation of this Article.  
ARTICLE 6 - UNION REPRESENTATION AND COMMITTEES  
6.01 - Union Activity on Premises and/or Access to Premises  
The Union agrees that neither it, nor its officers, agents, representatives and  
members will engage in the solicitation of members, holding of meetings or any  
other Union activities on Employer premises or on Employer time without the prior  
approval of the Employer, except as specifically provided for in this Agreement.  
Such approval will not be unreasonably denied.  
6.02 - Labour-Management Committee  
Where the parties mutually agree that there are matters of mutual concern and  
interest that would be beneficial if discussed at a Labour-Management  
Committee Meeting during the term of this Agreement, the following shall apply.  
An equal number of representatives of each party as mutually agreed shall meet  
at a time and place mutually satisfactory. A request for a meeting hereunder will  
be made in writing prior to the date proposed and accompanied by an agenda of  
matters proposed to be discussed, which shall not include matters that are  
properly the subject of grievance or negotiations for the amendment or renewal  
of this agreement.  
Any representative(s) attending such meetings during their regularly scheduled  
hours of work shall not lose regular earnings as a result of such attendance.  
It is agreed that the topic of a rehabilitation program for drug and alcohol abuse is  
an appropriate topic for the Labour-Management Committee.  
It is also agreed that the topic of the utilization of full-time and part-time staff is an  
appropriate topic for the Labour-Management Committee. The committee shall  
have access to work schedules and job postings upon request.  
It is understood that Joint meetings with other Labour Management Committees  
in the Hospital may be scheduled concerning issues of mutual interest if  
satisfactory to all concerned.  
6.03 - Bargaining Committee  
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The Employer agrees to recognize a negotiating committee comprised of not  
more than two (2) employee representatives of the Union. The Employer agrees  
to pay members of the negotiating committee for straight time wages lost from  
their regularly scheduled working hours spent in direct negotiations for a renewal  
agreement, up to but not including arbitration. Nothing in this provision is  
intended to preclude the Union negotiating committee from having the assistance  
of any representatives of the Canadian Union of Public Employees when  
negotiating with the Employer.  
The Union shall keep the Employer informed, in writing, of the names of such  
Union Negotiation Committee members. It is understood and agreed that  
probationary employees shall not be eligible to serve as Union Negotiation  
Committee members.  
When direct negotiations begin or end within ten (10) hours of a negotiating team  
member's scheduled shift, the Employer will endeavour to provide a one day's  
leave of absence without pay, to provide a sufficient rest break if the employee  
so requests. Such request shall not be unreasonably denied. Such leave shall be  
considered leave of absence for union business, but shall not be deducted from  
the Union entitlement under Article 12.02.  
6.04 - Union Stewards  
The Employer agrees to recognize one (1) Steward and one (1) Alternate  
Steward to be elected or appointed from amongst employees in the bargaining  
unit who have completed their probationary period for the purpose of dealing with  
Union business as provided under this Collective Agreement.  
The Alternate Steward, may in the absence of the Steward, assist in the  
presentation of any grievance, or with any steward function.  
The Union shall keep the Employer notified in writing of the names of Union  
stewards appointed or selected under this Article as well as the effective date of  
their respective appointments.  
It is agreed that Union stewards have their regular duties and responsibilities to  
perform for the Employer and shall not leave their regular duties without first  
obtaining permission from their immediate supervisor.  
When resuming his regular duties and responsibilities, such steward shall again  
report to his immediate supervisor. A Union steward shall suffer no loss of  
earnings for time spent in performing the above duties during his regular  
scheduled working hours.  
Nothing in this Article shall preclude full-time stewards from representing part-  
time employees and vice-versa. Also, nothing in this Article shall preclude the  
President or Vice President of the Local, or the National Representative from  
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attending and presenting grievances.  
6.05 - Grievance Committee  
The Employer will recognize a Grievance Committee composed of the Chief  
Steward or Alternate Steward a general representative of the Union may be  
present at any meeting of the Committee. The purpose of the Committee is to  
deal with complaints or grievances as set out in this Collective Agreement.  
The Union shall keep the Employer notified in writing of the names of the  
members of the Grievance Committee appointed or selected under this Article as  
well as the effective date of their respective appointments.  
A Committee member shall suffer no loss of earnings for time spent during their  
regular scheduled working hours in attending grievance meetings with the  
Employer up to, but not including arbitration.  
ARTICLE 7 - GRIEVANCE AND ARBITRATION PROCEDURES  
7.01 - Definition of Grievance  
For purposes of this Agreement, a grievance is defined as a difference arising  
between the parties relating to the interpretation, application, administration or  
alleged violation of the Agreement including any question as to whether a matter  
is arbitrable.  
7.02 - Representation at Time of Discipline  
At the time formal discipline is imposed or at any stage of the grievance  
procedure an employee shall have the right upon request to the presence of  
his/her steward. In the case of suspension or discharge the Employer shall notify  
the employee of this right in advance.  
7.03 - Adjustment of Grievances  
Complaint Step - Prior to Submitting a Grievance  
It is the mutual desire of the parties hereto that complaints of employees shall be  
adjusted as quickly as possible, and it is understood that an employee has no  
grievance until he has first given his immediate supervisor the opportunity of  
adjusting his complaint. The grievor Employee may have the assistance of a  
union steward if he or she so desires. Such complaint shall be discussed with  
his immediate supervisor within nine (9) calendar days after the circumstances  
giving rise to it have occurred or ought reasonably to have come to the attention  
of the employee and failing settlement within nine (9) calendar days, it shall then  
17  
be taken up as a grievance within nine (9) calendar days following advice of his  
immediate supervisor's decision in the following manner and sequence:  
Step No. 1  
The employee, who may be accompanied by a steward, may submit a written  
grievance signed by the employee to the Supervisor or his/her designate. The  
grievance shall identify the nature of the grievance and the remedy sought and  
should identify the provisions of the Agreement which are alleged to be violated.  
The Union and the Employer may, if they so desire, meet to discuss the  
grievance at a time and place suitable to both parties. The employee's manager  
will deliver his decision in writing within nine (9) calendar days following the day  
on which the grievance was presented to him. Failing settlement or response,  
then:  
Step No. 2  
Within nine (9) calendar days following the decision in Step No. 1, the grievance  
may be submitted in writing to the Director of Labour and Employee Relations.  
A meeting will then be held between Customer Business Manager and the  
Director of Labour and Employee Relations or their designate and the Grievance  
Committee within nine (9) calendar days of the submission of the grievance at  
Step No. 2 unless extended by agreement of the parties. It is understood and  
agreed that a representative of the Canadian Union of Public Employees and the  
grievor may be present at the meeting. It is further understood that Customer  
Business Manager and the Director of Labour and Employee Relations or their  
designate may have such counsel and assistance as he may desire at such  
meeting. The decision of the Employer shall be delivered in writing within nine (9)  
calendar days following the date of such meeting.  
7.04 - Policy Grievance  
A complaint or grievance arising directly between the Employer and the Union  
concerning the interpretation, application or alleged violation of the Agreement  
shall be originated at Step No. 2 within fourteen (14) calendar days following the  
circumstances giving rise to the complaint or grievance. It is expressly  
understood, however, that the provisions of this Article may not be used with  
respect to a grievance directly affecting an employee which such employee could  
himself institute and the regular grievance procedure shall not be thereby  
bypassed.  
7.05 - Group Grievance  
Where a number of employees have identical grievances and each employee  
would be entitled to grieve separately they may present a group grievance in  
writing identifying and signed by each employee who is grieving to the Department  
18  
Head or his designee within fourteen (14) calendar days after the circumstances  
giving rise to the grievance have occurred or ought reasonably to have come to  
the attention of the employee(s). The grievance shall then be treated as being  
initiated at Step No. 2 and the applicable provisions of this Article shall then apply  
with respect to the processing of such grievance.  
7.06 - Discipline and Discharge Grievances  
The release, discharge or other disciplining of an employee during the  
probationary period shall not be the subject of a grievance or arbitration as such  
a matter is not a difference between the Employer and the Union or the Employer  
and the probationary employee. A claim by an employee who has completed his  
probationary period that he has been unjustly discharged or suspended shall be  
treated as a grievance if a written statement of such grievance is lodged by the  
employee with the Employer at Step No. 2 within seven (7) calendar days after  
the date the discharge or suspension is effected. Such special grievance may be  
settled under the Grievance or Arbitration Procedure by:  
(a)  
(b)  
confirming the Employer's action in dismissing the employee; or  
reinstating the employee with or without full compensation for the time  
lost; or  
(c)  
by any other arrangement which may be deemed just and equitable.  
Wherever the Employer deems it necessary to suspend or discharge an  
employee, the Employer shall notify the Union of such suspension or discharge  
in writing. The Employer agrees that it will not suspend, discharge or otherwise  
discipline an employee who has completed his probationary period, without just  
cause.  
7.07 - Referral to Arbitration  
a)  
Failing settlement under the foregoing procedure of any grievance  
between the parties arising from the interpretation, application,  
administration or alleged violation of this Agreement, including any  
question as to whether a matter is arbitrable, such grievance may be  
submitted to arbitration as hereinafter provided. If no written request for  
arbitration is received within eighteen (18) calendar days after the decision  
under Step No. 2 is given, the grievance shall be deemed to have been  
abandoned. Where such a written request is postmarked within sixteen  
(16) calendar days after the decision under Step No. 2, it will be deemed  
to have been received within the time limits.  
b)  
The parties agree that it is their intent to resolve grievances without  
19  
recourse to arbitration, wherever possible. Therefore, notwithstanding (a)  
above, the parties may, upon mutual agreement, engage the services of a  
mediator in an effort to resolve the grievance and may extend the time  
limits for the request for arbitration. The parties will share equally the fees  
and expenses, if any, of the mediator.  
7.08 - Settlements  
All agreements reached under the Grievance Procedure between the  
representatives of the Employer and the representatives of the Union will be final  
and binding upon the Employer and the Union and the employees.  
7.10 - Limitation on Appointment to Board of Arbitration  
No person may be appointed as an arbitrator who has been involved in an attempt  
to negotiate or settle the grievance.  
7.11 - Exhausting Grievance Procedure  
No matter may be submitted to arbitration which has not been properly carried  
through all requisite steps of the Grievance Procedure.  
7.12 - Powers of Board of Arbitration  
The Arbitration Board shall not be authorized to make any decision inconsistent  
with the provisions of this Agreement, nor to alter, modify, add to or amend any  
part of this Agreement.  
7.13 - Decision of Board of Arbitration  
The proceedings of the Arbitration Board will be expedited by the parties hereto  
and the decision of the majority and, where there is no majority the decision of the  
chairman will be final and binding upon the parties hereto and the employee or  
employees concerned.  
7.14 - Arbitration Expenses  
Each of the parties hereto will bear the expense of the nominee appointed by it  
and the parties will share equally the fees and expenses, if any, of the chairman of  
the Arbitration Board.  
7.15 - Mandatory Time Limits  
The time limits set out in the Grievance and Arbitration Procedures herein are  
mandatory and failure to comply strictly with such time limits except by the written  
agreement of the parties, shall result in the grievance being deemed to have been  
20  
abandoned subject only to the provisions of Section 48 (16) of the Labour  
Relations Act, 1995.  
21  
ARTICLE 8 - ACCESS TO FILES  
8.01 - Access to Employee File  
Each employee shall have reasonable access to his/her personnel file for the  
purpose of reviewing any evaluations or formal disciplinary notations contained  
therein, in the presence of the Customer Business Manager or his/her designate.  
An employee has the right to request copies of any evaluations in this file.  
8.02 - Clearing of Record  
Any letter of reprimand, suspension or any other sanction will be removed from the  
record of an employee eighteen (18) months following the receipt of such letter,  
suspension or other sanction provided that such employee’s record has been  
discipline free for one year. All leaves of absence in excess of ten (10) calendar  
days will not count toward either of the above periods.”  
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ARTICLE 9 - SENIORITY  
9.01 - Probationary Period  
A new employee will be considered on probation until he has completed sixty  
(60) days of work (or 450 hours of work for employees whose regular hours of  
work are other than the standard work day), within any twelve (12) calendar  
months. Upon completion of the probationary period he shall be credited with  
seniority equal to sixty (60) working days. With the written consent of the  
Employer, the probationary employee and the President of the Local Union or  
designate, such probationary period may be extended. Any extensions agreed to  
will be in writing and will specify the length of the extension. The release or  
discharge of an employee during the probationary period, or any extension  
thereto pursuant to this clause, is not a difference between the parties or  
between the Employer and the probationary employee and shall not be the  
subject of a grievance or arbitration unless the probationary employee is  
released for reasons which are arbitrary, discriminatory, in bad faith or for  
exercising a right under this Agreement.  
9.02 - Definition of Seniority  
Full-time employees will accumulate seniority on the basis of their continuous  
service in the bargaining unit from the last date of hire, except as otherwise  
provided herein.  
Part-time and Casual Part-time employees, will accumulate seniority on the  
basis of one (1) year's seniority for each one thousand seven hundred and  
twenty-five (1725) hours worked in the bargaining unit as of the last date of hire,  
except as otherwise provided herein.  
Seniority will operate on a bargaining unit wide basis.  
Notwithstanding the above, a part-time employee cannot accrue more than one  
year’s seniority in a twelve (12) month period. The twelve month period shall be  
January 1 to December 31.  
9.03 - Seniority List  
The Employer shall maintain a seniority list for full-time and part-time employees  
covered by this Agreement, which will indicate the total hours worked with the  
Employer within their classification. Up to date seniority lists will be prepared by  
the Employer and sent to the Chief Steward of the Union in April and October of  
each year.  
23  
9.04 - Loss of Seniority  
An employee shall lose all seniority and service and shall be deemed to have  
terminated if he:  
(a)  
(b)  
resigns;  
is discharged and not reinstated through the grievance/arbitration  
procedure;  
(c)  
(d)  
is retired;  
is absent from scheduled work for a period of three (3) or more consecutive  
working days without notifying the Employer of such absence and providing  
to the Hospital a satisfactory reason;  
(e)  
(f)  
has been laid off for forty-eight (48) months;  
if the employee has been laid off and fails to return to work within seven (7)  
calendar days after that employee has been notified by the Employer  
through registered mail addressed to the last address on the records of the  
Employer, subject to any special provisions regarding temporary vacancies  
noted under the heading of Layoff and Recall;  
9.05 Effect of Absence  
(a) (b) and (c) of the following clause are applicable to full-time employees only)  
Unless otherwise provided in the Collective Agreement:  
(a)  
It is understood that during an approved unpaid absence not exceeding  
thirty (30) continuous days or any approved absence paid by the  
Employer, both seniority and service will accrue.  
(b)  
During an unpaid absence exceeding thirty (30) continuous calendar days,  
credit for service for purposes of salary increment, vacation, sick leave, or  
any other benefits under any provisions of the Collective Agreement or  
elsewhere, shall be suspended for the period of the absence in excess of  
thirty (30) continuous calendar days, the benefits concerned appropriately  
reduced on a pro rata basis and the employee's anniversary date adjusted  
24  
accordingly. In addition, the employee will become responsible for full  
payment of any subsidized employee benefits in which he/she is  
participating for the period of absence, except that the Employer will  
continue to pay its share of the premiums up to eighteen (18) months  
while an employee is in receipt of WSIB benefits. Notwithstanding this  
provision, service shall accrue for a period of fifteen (15) weeks if an  
employee's absence is due to a disability resulting in WSIB benefits.  
The Employer will continue to pay its share of the premiums up to thirty  
(30) months while an employee is in receipt of WSIB benefits or LTD  
benefits. Such payment shall also continue while an employee is on sick  
leave (including the Employment Insurance Period) to a maximum of thirty  
(30) months from the time the absence commenced.  
(c)  
(d)  
It is further understood that during such unpaid absence, credit for  
seniority for purposes of promotion, demotion, transfer or lay-off shall be  
suspended and not accrue during the period of absence. Notwithstanding  
this provision, seniority shall accrue for the duration of the absence if an  
employee’s absence is due to a disability resulting in WSIB benefits or  
LTD benefits or while an employee is on paid or unpaid sick leave  
(including the Employment Insurance Period).  
Part-time employees shall accrue seniority for the duration of the absence  
if absent due to a disability resulting in WSIB or LTD benefits, or a  
disablility in accordance with the Human Rights Code on the basis of what  
the employee’s normal regular hours of work would have been.  
Part-time employees shall accrue service for a period of fifteen (15) weeks  
if absent due to a disability resulting in WSIB benefits, on the basis of what  
the employee’s normal regular hours of work would have been.  
9.07 - Transfer and Seniority out of the Bargaining Unit  
(a)  
It is understood that an employee shall not be transferred by the Employer  
to a position outside the bargaining unit without his consent except in the  
case of temporary assignments not exceeding six (6) months. This period  
may be extended a further six (6) months upon the agreement of the  
Union and the Employer. Such employees on temporary assignments  
shall remain members of the bargaining unit.  
(b)  
An employee who is transferred to a position outside the bargaining unit  
shall not, subject to (c) below, accumulate seniority. In the event the  
employee is returned by the Employer to a position in the bargaining unit  
within twenty-four (24) months of the transfer he or she shall be credited  
with the seniority held at the time of transfer and resume accumulation  
from the date of his or her return to the bargaining unit. An employee not  
returned to the bargaining unit within (24) months shall forfeit bargaining  
25  
unit seniority.  
(c)  
In the event an employee transferred out of the bargaining unit under (a)  
or (b) above is returned to the bargaining unit within a period of twelve  
(12) calendar months, he shall accumulate seniority during the period of  
time outside the bargaining unit.  
9.11 - Benefits on Layoff  
(The following clause is applicable to full-time employees only)  
In the event of a lay-off of a full-time employee the Employer shall pay its share of  
insured benefits premium up to three (3) months from the end of the month in which  
the lay-off occurs or until the laid off employee is employed elsewhere, whichever  
occurs first.  
9.15 - Technological Change  
The Employer undertakes to notify the Union in advance, so far as practicable, of  
any technological changes which the Employer has decided to introduce which  
will significantly change the status of employees within the bargaining unit.  
The Employer agrees to discuss with the Union the effect of such technological  
changes on the employment status of employees and to consider practical ways  
and means of minimizing the adverse effect affect, if any, upon employees  
concerned.  
Where new or greater skills are required than are already possessed by affected  
employees under the present methods of operation, such employees shall be  
given a period of training, with due consideration being given to the employee's  
age and previous educational background, during which they may perfect or  
acquire the skills necessitated by the new method of operation. The employer will  
assume the cost of tuition and travel. There shall be no reduction in wage or  
salary rates during the training period of any such employee. Training shall be  
given during the hours of work whenever possible and may extend for up to six  
months.  
Employees with one (1) or more years of continuous service who are subject to  
layoff under conditions referred to above, will be given notice of the impending  
change in employment status at the earliest reasonable time in keeping with the  
notification to the Union as above set forth and the requirements of the applicable  
law.  
26  
ARTICLE 10 - CONTRACTING OUT  
10.01 - Contracting Out  
The Employer shall not contract out any work usually performed by members of  
the bargaining unit if, as a result of such contracting out, a layoff of any employees  
other than casual part-time employees results from such contracting out.  
10.02 - Contracting Out  
Notwithstanding the foregoing, the Employer may contract out work usually  
performed by members of the bargaining unit without such contracting-out  
constituting a breach of this provision if the Employer provides in its commercial  
arrangement contracting out the work that the contractor to whom the work is  
being contracted, and any subsequent such contractor, agrees:  
(1)  
(2)  
to employ the employees thus displaced from the Employer; and  
in doing so to stand, with respect to that work, in the place of the Employer  
for the purposes of the Employer’s collective agreement with the Union,  
and to execute into an agreement with the Union to that effect.  
In order to ensure compliance with this provision, the Employer agrees  
that it will withdraw the work from any contractor who has failed to meet  
the aforesaid terms of the contracting-out arrangement.  
11.02 - Volunteers  
Volunteers will not be used to perform bargaining unit work.  
27  
ARTICLE 12 - LEAVES OF ABSENCE  
12.01 - Personal Leave  
Written request for a personal leave of absence without pay will be considered on  
an individual basis by the Employer. Such requests are to be submitted to the  
employee’s immediate supervisor at least four (4) weeks in advance, unless not  
reasonably possible to give such notice, and a written reply will be given within  
fourteen (14) days except in cases of emergency in which case a reply will be given  
as soon as possible. Employees needing personal leave days for appointments  
with medical practitioners may utilize the personal leave language. Such leave  
shall not be unreasonably withheld.  
12.05(a) - Jury & Witness Duty  
(The following clause is applicable to full-time employees only)  
If an employee is required to attend jury selection or serve as a juror in any court  
of law, or is required to attend as a witness in a court proceeding in which the  
Crown is a party, or is required by subpoena to attend a court of law or coroner's  
inquest in connection with a case arising from the employee's duties in the  
bargaining unit, the employee shall not lose regular pay because of such  
attendance provided that the employee:  
(a)  
notifies the Employer immediately on the employee's notification that he will  
be required to attend at court;  
(b)  
(c)  
presents proof of service requiring the employee's attendance;  
deposits with the Employer the full amount of compensation received  
excluding mileage, traveling and meal allowances and an official receipt  
thereof.  
Where a full-time employee is selected for jury duty, for a period in excess of one (1)  
week, the employee shall be paid for all hours scheduled and not be expected to attend  
at work. Upon completion of the process the employee shall be returned to that point on  
their former schedule that is considered appropriate by the Employer. It is understood  
and agreed that the local parties may agree to different scheduling arrangements for the  
first week of jury and witness duty.  
In addition to the foregoing, where a full-time employee is required by subpoena  
to attend a court of law or coroner's inquest in connection with a case arising from  
the employee's duties at the Employer on his regularly scheduled day off, the  
Employer will attempt to reschedule the employee's regular day off. Where the  
employee's attendance is required during a different shift than he is scheduled to  
work that day, the Employer will attempt to reschedule the shift to include the time  
28  
spent at such hearing. It is understood that any rescheduling shall not result in the  
payment of any premium pay.  
Where the Employer is unable to reschedule the employee and, as a result, he is  
required to attend during other than his regularly scheduled paid hours, he shall  
be paid for all hours actually spent at such hearing at his straight time hourly rate  
subject to (a), (b) and (c) above.  
12.05(b) - Jury & Witness Duty  
(This clause is applicable to part-time employees only)  
If an employee is required to attend jury selection or serve as a juror in any court  
of law, or is required to attend as a witness in a court proceeding in which the  
Crown is a party, or is required by subpoena to attend a court of law or coroner's  
inquest in connection with a case arising from the employee's duties in the  
bargaining unit, the employee shall not lose regular pay because of such  
attendance provided that the employee:  
(a)  
notifies the Employer immediately on the employee's notification that he  
will be required to attend at court;  
(b)  
(c)  
presents proof of service requiring the employee's attendance;  
deposits with the Employer the full amount of compensation received  
excluding mileage, traveling and meal allowances and an official receipt  
thereof.  
Where a part-time employee is selected for jury duty, for a period in excess of  
one (1) week, the employee shall be paid for all hours scheduled and not be  
expected to attend at work. Upon completion of the process the employee shall  
be returned to that point on their former schedule that is considered appropriate  
by the Employer. It is understood and agreed that the local parties may agree to  
different scheduling arrangements for the first week of jury and witness duty.  
In addition to the foregoing, where a part-time employee is required by subpoena  
to attend a court of law or coroner's inquest in connection with a case arising  
from the employee's duties at the Hospital on his regularly scheduled day off, he  
shall be paid for all hours actually spent at such hearings at his regular straight  
time hourly rate subject to (a), (b) and (c) above.  
12.08 - Education Leave  
If required by the Employer, an employee shall be entitled to leave of absence  
with pay and with full credit for service and seniority and benefits to take courses  
29  
and to write examinations to upgrade his or her employment qualifications.  
Where employees are required by the Employer to take courses to upgrade or  
acquire new employment qualifications, the Employer shall pay the full costs  
associated with the courses.  
Subject to operational requirements, the Employer will make every reasonable  
effort to grant requests for necessary changes to an employee's schedule to  
enable attendance at a recognized upgrading course or seminar related to  
employment with the Employer. If requested, the Employer will meet with the  
employee and their Union steward to review any schedule changes that are  
required to accommodate attendance at such courses.  
Subject to operational requirements, the Employer will make every reasonable  
effort to grant requests for an employee to take an educational leave without pay  
and without loss of seniority of up to twelve (12) months for training related to the  
employee’s employment at the Employer.  
13.02 - Injury Pay  
If an employee is injured on the job and his supervisor excuses him from further  
duty for the balance of his shift, the employee's regular rate of pay shall continue  
for the balance of that shift and there shall be no deduction from sick leave or other  
credits.  
13.03 - Payment Pending Determination of Workplace Safety and Insurance Claims  
(FT)  
An employee who is absent from work as a result of an illness or injury sustained  
at work and who has been awaiting approval of claim for WSIB benefits for a  
period longer than one complete pay period may apply to the Employer for  
payment equivalent to the lesser of the benefit she would receive from WSIB  
benefits if her claim was approved, or the benefit to which she would be entitled  
under the short term sick leave plan. Payment will be provided only if the  
employee provides evidence of disability satisfactory to the Employer and a  
written undertaking satisfactory to the Employer that any payments will be  
refunded to the Employer following final determination of the claim by The  
Workplace Safety and Insurance Board. If the claim for WSIB benefits is not  
approved, the monies paid as an advance will be applied towards the benefits to  
which the employee would be entitled under the short term sick leave plan. Any  
payment under this provision will continue for a maximum of fifteen (15) weeks.  
13.04 - Notification of Intention to Intervene or Dispute a WSIB Claim  
When the Employer intervenes in or disputes a Workplace Safety and Insurance  
Board claim, the Employer shall so notify the employee and the Union.  
30  
13.06 - Workplace Safety and Insurance Board  
The Employer will notify the President of the Local of the names of all members  
off work due to a work related injury (whether or not the employee is in receipt of  
WSIB benefits), within legislated time lines as per the Occupational Health and  
Safety Act and those on L.T. D. by the 15th of each month.  
The Employer agrees to supply the employee with a copy of the Workplace  
Safety and Insurance Board’s Form 7 at the same time as the Form is sent to the  
Board.  
31  
ARTICLE 15 - PREMIUM PAYMENT  
15.01 - Definition of Regular Straight Time Rate of Pay  
The regular straight time rate of pay is that prescribed in the wage schedule of the  
Collective Agreement.  
15.02 - Definition of Overtime  
Overtime shall be payable for all hours worked in excess of seventy-five (75) hours  
averaged over two (2) weeks or eight (8) hours in a day for employees on eight (8)  
hour tours or twelve (12) hours in a day for employees on twelve (12) hour tours.  
Overtime shall not include hours of work which exceed the foregoing limits which  
result from mutual agreements between employees to change shifts which have  
been approved by the Employer.  
15.03 - Overtime Premium and No Pyramiding  
The overtime rate shall be time and one-half (1-1/2) the employee's straight-time  
hourly rate.  
Where an employee is required to work additional overtime contiguous to an  
overtime shift within a twenty-four (24) hour period, the employee will be  
compensated at the rate of double time his or her straight time hourly rate for all  
additional contiguous overtime hours worked.  
Overtime premium will not be duplicated nor pyramided, nor shall other  
premiums be duplicated nor pyramided nor shall the same hours worked be  
counted as part of the normal work week and also as hours for which the  
overtime premium is paid.  
15.05 - Reporting Pay  
Employees who report for any scheduled shift will be guaranteed at least four (4)  
hours of work, or if no work is available will be paid at least four (4) hours except  
when work is not available due to conditions beyond the control of the Hospital.  
The reporting allowance outlined as herein shall not apply whenever an employee  
has received prior notice not to report for work. Part-time employees scheduled to  
work less than seven and one-half (7-1/2) hours per day will receive a pro-rated  
amount of reporting pay.  
15.08 - Temporary Transfer  
Where an employee is assigned temporarily to perform the duties and assume the  
32  
responsibilities of a higher paying position in the bargaining unit, he shall be paid  
the rate in the higher salary range immediately above his current rate for all hours  
worked in the higher paying position.  
Where a Employer temporarily assigns an employee to carry out the assigned  
responsibilities of a classification outside the bargaining unit, the employee shall  
receive an allowance of $4.00 for each shift from the time of the assignment.  
15.09 - Shift and Weekend Premium  
Employees shall be paid a shift premium of one dollar and twenty cents ($1.20)  
per hour for all hours worked where the majority of their scheduled hours fall  
between 1500 and 0700 hours.  
The same one dollar and twenty cents ($1.20) per hour will be paid as weekend  
premium for all hours worked between 2400 hours Friday and 2400 hours  
Sunday.  
33  
ARTICLE 16 - HOLIDAYS  
The union maintains their proposal- previously agreed to on November 27th 2018 .  
16.01 - Number of Holidays  
The following shall be recognized as paid holidays:  
New Year’s Day  
Good Friday  
Victoria Day  
Canada Day  
Labour Day  
Family Day  
Easter Monday  
Civic Holiday  
Thanksgiving Day  
Remembrance Day  
Boxing Day  
Christmas Day  
Should the Employer be required to observe an additional paid holiday as a result of  
legislation, it is understood that one of the existing holidays recognized by the Employer  
shall be established as the legislated holiday after discussion with the Union, so that the  
Employer's obligation to provide the number of paid holidays as noted above remains  
unchanged.  
16.02 - Definition of Holiday Pay and Qualifiers  
(The following clause is applicable to full-time employees only)  
Holiday pay will be computed on the basis of the employee's regular straight time  
hourly rate of pay times the employee's normal daily hours of work.  
In order to qualify for holiday pay for any holiday, or to qualify for a lieu day an  
employee must complete her scheduled shift on each of the working days  
immediately prior to and following the holiday except where absence on one or  
both of the said qualifying days is due to a satisfactory reason.  
An employee who was scheduled to work on a holiday, and is absent shall not be  
entitled to holiday pay or to a lieu day to which she would otherwise be entitled  
unless such absence was due to a satisfactory reason.  
An employee who qualifies to receive pay for any holiday or a lieu day will not be  
entitled, in the event of illness, to receive sick pay in addition to holiday pay or a  
lieu day in respect of the same day.  
34  
16.03 - Holidays in Conjunction with Weekends  
Whenever an employee is pre-scheduled off on a weekend on which a Statutory  
paid holiday falls on the Friday or Monday, whenever possible, the employee will  
be given that Holiday off in conjunction with the weekend. Conversely, if an  
employee is pre-scheduled to work on a weekend on which a Statutory paid  
holiday falls on the Friday or Monday, whenever possible, the employee will work  
the Holiday in conjunction with the weekend, with the understanding that the  
Employer will endeavor to provide an equitable distribution of work on paid  
holidays over the year on a unit/Department specific basis, provided this does not  
interfere with the exigencies of hospital operation.  
16.05(a) - Payment for Working on a Holiday  
If an employee is required to work on any of the holidays set out in Article 16.01  
the employee shall be paid at the rate of time and one-half (1-1/2) her regular  
straight time hourly rate of pay for all hours worked on such holiday subject to  
Article 16.06. In addition, if the employee qualifies in accordance with Article 16.02  
above the employee will receive a lieu day off with pay in the amount of the  
employee's regular straight time hourly rate of pay times the employee's normal  
daily hours of work.  
16.06 - Payment for Working Overtime on a Holiday  
Where an employee is required to work authorized overtime in excess of his  
regularly scheduled hours on a paid holiday, such employee shall receive twice  
(2x) his regular straight time hourly rate for such authorized overtime.  
35  
17.02 - Work During Vacation  
Should an employee who has commenced his scheduled vacation and agrees upon  
request by the Employer to return to perform work during the vacation period, the  
employee shall be paid at the rate of one and one-half (1-1/2) times his basic straight time  
rate for all hours so worked. To replace the originally scheduled days on which such work  
was performed, the employee will receive one (1) vacation lieu day off for each day on  
which he has so worked.  
17.03 - Illness During Vacation  
(The following clause is applicable to full-time employees only)  
Where an employee's scheduled vacation is interrupted due to serious illness, which  
either commenced prior to or during the scheduled vacation period, the period of such  
illness shall be considered sick leave.  
Serious illness is defined as an illness which requires the employee to receive on-going  
medical care and/or treatments resulting in either hospitalization or which would confine  
the employee to their residence or to bed rest for more than three days. A certificate  
from a legally qualified medical practitioner satisfactory to the Employer’s Disability  
Management Services Provider must be provided to substantiate this claim.  
The portion of the employee's vacation which is deemed to be sick leave under the  
above provisions will not be counted against the employee's vacation credits.  
17.04 - Bereavement During Vacation  
Where an employee’s scheduled vacation is interrupted due to a bereavement, the  
employee shall be entitled to bereavement leave in accordance with Article 12.04.  
The portion of the employee’s vacation which is deemed to be bereavement leave  
under the above provisions will not be counted against the employee’s vacation credits.  
36  
18.04 - Benefits for Part-Time Employees  
(The following clause is applicable to part-time employees only)  
A part-time employee shall receive in lieu of all fringe benefits (being those benefits to an  
employee, paid in whole or part by the Employer, as part of direct compensation or  
otherwise, including holiday pay, save and except salary, vacation pay, standby pay, call  
back pay, reporting pay, responsibility allowance, jury and witness duty, bereavement  
pay, and maternity supplemental unemployment benefits) an amount equal to 14% of  
his/her regular straight time hourly rate for all straight time hours paid.  
20.01(b) - Job Descriptions  
A copy of the current job description for a bargaining unit position shall be made  
available to the Union upon request. When a new classification which is covered by  
terms of this collective agreement is created, a copy of the job description shall be  
forwarded to the Union at the time that the Employer notifies the local Union of the rate  
of pay pursuant to article 20.01(a) above.  
20.02 - Job Classification  
Where the Employer revises the job content of an existing classification in such a  
manner that duties of another classification are assigned to it, the following shall apply:  
(a)  
An employee who occupies a position which is revised in accordance with this  
article, and who is physically incapable of performing the revised position, will not be  
required to perform those additional duties which exceed the employee’s physical  
capabilities provided the employee’s physician provides documentation to the Employer  
of such limitation.  
(b)  
In the event an employee presently occupying a position which is revised in  
accordance with this article requires additional training to perform duties of the revised  
position the employee shall be entitled to a period of training, with due consideration  
being given to the employee’s age and previous educational background, during which  
they may perfect or acquire the skills necessitated by the new method of operation. The  
employer will assume the cost of tuition and travel. There shall be no reduction in wage  
or salary rates during the training period of any such employee. Training shall be given  
during the hours of work whenever possible and may extend for up to six months.  
20.04 - Wages and Classification Premiums  
The wage rates in effect for the duration of this Collective Agreement shall be as set forth  
in Appendix "A" attached to and forming part of this Collective Agreement.  
37  
20.06 - Pay Administration  
All current and future employees will be paid in the form of a direct deposit to the  
compatible financial institution (bank) of the employee’s choice.  
Letter of Understanding- Central Bargaining  
The Employer and the Union agree that should they mutually decide to participate in  
any future round of central collective bargaining that the then existing central collective  
agreement shall apply to the parties effective the first day of the parties’ participation in  
the said future round of collective bargaining. Those matters contained in the subsisting  
collective agreement between the parties at the time which are not central issues shall  
be deemed to be included in a Local Issues Appendix.  
Signed this __ day of April, 2021 at ___________, Ontario.  
For the Union:  
For the Employer:  
__________________  
__________________  
__________________  
__________________  
___________________  
___________________  
___________________  
___________________  
38  
AGREED TO ITEMS AS OF MAY 5, 2022  
2.03 - Part-Time Employee  
A part-time employee is one who is normally scheduled for less than the standard hours per  
week as specified in this collective agreement. Commitment for Regular Part-time  
employees is a declared commitment between 0.2 and 0.8 F.T.E. annually.  
2.05 – Recognition  
The Employer recognizes the Union as sole and exclusive bargaining agent for  
all employees employed by Johnson Controls Canada LP at the Milton Hospital  
site in the town of Milton, save and except Professional Engineers, supervisors  
and persons above the rank of Professional Engineers and supervisor, office and  
clerical employees.  
39  
3.03 Management Rights  
The Union acknowledges that, except as expressly modified by this collective  
agreement, it is the exclusive function of the Employer to manage and direct its  
operations and affairs in all respects and, without limiting or restricting that  
function:  
(a)  
(b)  
to determine the policy of the Employer and direct its operations;  
to maintain order, discipline and efficiency, and to make alter and enforce  
rules and regulations to be observed by employees;  
(c)  
to determine, the number and location of the employer’s establishments,  
the services to be rendered, the methods, the work procedures, the kinds  
and locations of machines, tools instruments and equipment to be used; to  
select, control and direct the use of all materials required in the operation  
of the Employer; to schedule the work and services to be provided and  
performed, and to make, alter and enforce regulations governing the use  
of materials, equipment, services and facilities as may be deemed  
necessary in the interests of the safety and well being of the Hospital  
patients and public;  
(d)  
to hire, classify, direct, promote, demote, transfer, lay-off, discipline,  
suspend and discharge employees, and to assign employees to shifts,  
and to increase and decrease the workforces, provided that a claim of  
discriminatory demotion, transfer, discipline or suspension, or a claim by  
an employee that he has been discharged without reasonable cause may  
become the subject of a grievance and be dealt with as hereinafter  
provided.  
The Employer agrees that the rights described in this article shall be exercised in  
a manner consistent with all provisions of this Agreement.  
3.04 - Correspondence  
All correspondence between the parties hereto arising out of this agreement or incidental  
thereto, shall pass to/from the Customer Business Manager or his/her designate of the  
Employer and the President and the Chief Steward of Local Union 145. Letters of discipline  
and/or discharge shall be copied to the Local Union.  
ARTICLE 4 - STRIKES & LOCKOUTS  
The Union agrees there shall be no strikes and the Employer agrees there shall be no  
lockouts so long as this Agreement continues to operate. The terms "strike" and "lockout"  
shall bear the meaning given them in the Ontario Labour Relations Act.  
40  
“Collective bargaining disputes arising under this Collective Agreement are subject to  
the Hospital Labour Disputes Arbitration Act (“HLDAA”).  
6.06 - Restrictions on Union Leave  
Having regard to the efficient operation of the Employer, leave for employees to represent  
the Union is conditional on the employees not being from the same work area. The total  
number of days in any one calendar year for leave for Union business for all Union  
members is not to exceed twenty (20) days. In requesting such leave of absence for an  
employee or employees, the Union must give at least fourteen (14) days clear notice in  
writing to the Employer, unless not reasonably possible to give such notice.  
7.09 - Appointment of Board of Arbitration  
When either party requests that any matter be submitted to arbitration as provided  
in the foregoing Article, it shall make such request in writing addressed to the other  
party to this Agreement, and at the same time name a nominee. Within seven (7)  
calendar days thereafter the other party shall name a nominee, provided, however,  
that if such party fails to name a nominee as herein required, the Minister of Labour  
for the Province of Ontario shall have power to effect such appointment upon  
application thereto by the party invoking Arbitration Procedure. The two nominees  
shall attempt to select by agreement a chairman of the Arbitration Board. If they  
are unable to agree upon such a chairman within a period of fourteen (14) calendar  
days, they shall then request the Minister of Labour for the Province of Ontario to  
appoint a chairman.  
7.16 - Sole Arbitrator  
Wherever Arbitration Board is referred to in the Agreement, the parties may  
mutually agree in writing to substitute a single arbitrator for the Arbitration Board  
at the time of reference to arbitration and the other provisions referring to  
Arbitration Board shall appropriately apply.  
9.09(A) - Notice and Redeployment Committee  
(a)  
Notice  
In the event of a proposed layoff at the Employer of a permanent or long-  
term nature or the elimination of a position within the bargaining unit, the  
Employer shall:  
(i)  
provide the Union with no less than five (5) months' written notice of  
the proposed layoff or elimination of position; and  
(ii)  
provide to the affected employee(s), if any, no less than five (5)  
41  
months' written notice of layoff, or pay in lieu thereof.  
Note: Where a proposed layoff results in the subsequent displacement of  
any member(s) of the bargaining unit, the original notice to the Union  
provided in (i) above shall be considered notice to the Union of any  
subsequent layoff.  
(b) A layoff shall not include a reassignment of an employee from her or his  
classification or area of assignment who would otherwise be entitled to notice  
of layoff provided:  
(i) reassignments will occur in reverse order of seniority;  
(ii) the reassignment of the employee is to an appropriate permanent  
position with the employer having regard to the employees skills,  
abilities, qualifications and training or training requirements;  
(iii) the reassignment of the employee does not result in a reduction of the  
employee’s wage rate or hours of work;  
(iv) the job to which the employee is reassigned is located at the  
employee’s original work site or at a nearby site in terms of relative  
accessibility for the employee;  
(v) the job to which the employee is reassigned is on the same or  
substantially similar shift; and  
(vi) where more than one employee is to be reassigned in accordance with  
this provision, the reassigned employees shall be entitled to select  
from the available appropriate vacancies to which they are being  
reassigned in order of seniority provided no such selection causes or  
would cause a layoff or bumping.  
The Employer bears the onus of demonstrating that the foregoing conditions  
have been met in the event of a dispute. The Employer shall also  
reasonably accommodate any reassigned employee who may experience  
a personal hardship arising from being reassigned in accordance with this  
provision.  
(c)  
Any vacancy to which an employee is reassigned pursuant to paragraph (b)  
need not be posted.  
(d)  
Redeployment Committee  
At each Employer A Redeployment Committee The Labour Management Committee will be  
established not later than two (2) weeks after the notice referred to in 9.09 and will meet  
thereafter as frequently as is necessary.  
(i)  
Committee Mandate  
42  
The mandate of the Redeployment Committee is to:  
(1) Identify and propose possible alternatives to the proposed layoff(s) or elimination of  
position(s), including, but not limited to, identifying work which would otherwise be bargaining  
unit work and is currently work contracted-out by the Hospital Employer which could be  
performed by bargaining-unit employees who are or would otherwise be laid off;  
(2)  
Identify vacant positions in the Employer’s operation at the Hospital or positions which  
are currently filled but which will become vacant within a twelve (12) month period and which  
are either:  
(a)  
(b)  
(c)  
(3)  
within the bargaining unit; or  
within another CUPE bargaining unit; or  
not covered by a collective agreement.  
Identify the retraining needs of workers and facilitate such training for workers who are,  
or would otherwise be, laid off.  
(4) Subject to Article 9.12, the Employer will award vacant positions to employees who are,  
or would otherwise be laid off, in order of seniority if, with the benefit of up to six (6) months  
retraining, an employee has become able to meet the normal requirements of the job.  
(5)  
Any dispute relating to the foregoing provisions may be filed as a grievance commencing  
at Step 2.  
(ii)  
Committee Composition  
The Redeployment Committee shall follow the Labour Management Committee Structure  
outlined in 6.02. be comprised of equal numbers of representatives of the Employer and of the  
Union. The number of representatives will be determined locally.  
Meetings of the Redeployment Committee shall be held during normal working hours. Time  
spent attending such meetings shall be deemed to be work time for which the representative(s)  
shall be paid by the Employer at his or her regular or premium rate as may be applicable.  
Each party shall appoint a Co chair for the Redeployment Committee. Co chairs shall chair  
alternative meetings of the Committee and will be jointly responsible for establishing the agenda  
of the Committee meetings, preparing minutes and writing such correspondence as the  
Committee may direct.  
(iii) Disclosure  
The Employer shall provide to the Redeployment Committee Labour Management Committee  
all pertinent staffing and financial information.  
(iv)  
Alternatives  
The Redeployment Committee Labour Management Committee or where there is no consensus,  
the committee members shall propose alternatives to cutbacks in staffing to the Director of  
Labour and Employee Relations.  
At the time of submitting any plan concerning rationalization of services and involving the  
elimination of any position(s) or any layoff(s) to the District Health Council or to the Ministry of  
Health, the Hospital shall provide a copy, together with accompanying documentation, to the  
Union.  
9.09 (B) - Retirement Allowance  
Prior to issuing notice of layoff pursuant to Article 9.09 (a)(ii) in any classification(s), the  
Employer will offer early retirement allowance to a sufficient number of employees  
eligible for early retirement under HOOPP within the classification(s) in order of  
seniority, to the extent that the maximum number of employees within a classification  
43  
who elect early retirement is equivalent to the number of employees within the  
classification(s) who would otherwise receive notice of layoff under Article 9.09(a)(ii).  
An employee who elects an early retirement option shall receive, following completion of  
the last day of work, a retirement allowance of two weeks' salary for each year of  
service, plus a prorated amount for any additional partial year of service, to a maximum  
ceiling of fifty-two (52) weeks' salary.  
9.09 (C) - Voluntary Exit Option  
If after making offers of early retirement, individual layoff notices are still required,  
prior to issuing those notices the Employer will offer a voluntary early exit option in  
accordance with the following conditions:  
i)  
The Employer will first make offers in the classifications within  
department(s) where layoffs would otherwise occur. If more employees than  
are required are interested, the Hospital will make its decision based on  
seniority.  
ii)  
If insufficient employees in the department affected accept the offer, the  
Hospital will then extend the offer to employees in the same classification  
in other departments. If more employees than are required are interested,  
the Hospital will make its decision based on seniority.  
iii)  
iv)  
In no case will the Employer approve an employee’s request under (i) and  
(ii) above for a voluntary early exit option, if the employees remaining are  
not qualified to perform the available work.  
The number of voluntary early exit options the Employer approves will not  
exceed the number of employees in that classification who would otherwise  
be laid off. The last day of employment for an employee who accepts a  
voluntary early exit option will be at the Employer’s discretion and will be no  
earlier than thirty (30) calendar days immediately following the employee’s  
written acceptance of the offer.  
An employee who elects a voluntary early exit option shall receive, following  
completion of the last day of work, a separation allowance of two (2) weeks' salary  
for each year of service, to a maximum of fifty-two (52) weeks' pay.  
44  
9.10 - Layoff and Recall  
An employee in receipt of notice of layoff pursuant to Article 9.09 may:  
(a) accept the layoff; or  
(b)  
(c)  
opt to receive a separation allowance as outlined in Article 9.13; or  
opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan  
(HOOPP) as outlined in Article 18.03(b); or  
(d) displace another employee who has lesser bargaining unit seniority in the  
same or a lower or an identical-paying classification in the bargaining unit if  
the employee originally subject to layoff has the ability to meet the normal  
requirements of the job. An employee so displaced shall be deemed to  
have been laid off and shall be entitled to notice in accordance with Article  
9.09.  
An employee who chooses to exercise the right to displace another  
employee with lesser seniority shall advise the Employer of his or her  
intention to do so and the position claimed within seven (7) days after  
receiving the notice of layoff.  
Note: For purposes of the operation of clause (d), an identical paying  
classification shall include any classification where the straight time hourly  
wage rate at the level of service corresponding to that of the laid off  
employee is within 1% of the laid off employee's straight time hourly wage  
rate.  
(d)  
In the event that there are no employees with lesser seniority in the same  
or a lower or identical paying classification, as defined in this article, a laid  
off employee shall have the right to displace another employee with lesser  
seniority in a higher-paying classification provided they are able to meet the  
normal requirements of the job, with orientation but without additional  
training.  
(e)  
(f)  
An employee who is subject to layoff other than a layoff of a permanent or  
long-term nature including a full-time employee whose hours of work are,  
subject to Article 14.01, reduced, shall have the right to accept the layoff or  
displace another employee in accordance with (a) and (d) above.  
The Employer agrees to post vacancies during the recall period, as per the  
job posting procedure, allowing employees on recall to participate in the  
posting procedure. Should the position not be filled via the job posting  
procedure, an employee shall have opportunity of recall from a layoff to an  
available opening, in order of seniority, provided he or she has the ability to  
perform the work.  
45  
(g)  
(h)  
(i)  
In determining the ability of an employee to perform the work for the  
purposes of the paragraphs above, the hospital shall not act in an arbitrary  
or unfair manner.  
An employee recalled to work in a different classification from which he or  
she was laid off shall have the privilege of returning to the position held prior  
to the layoff should it become vacant within six (6) months of being recalled.  
No new employees shall be hired until all those laid off have been given an  
opportunity to return to work and have failed to do so, in accordance with  
the loss of seniority provision, or have been found unable to perform the  
work available.  
(j)  
The Employer shall notify the employee of recall opportunity by registered  
mail, addressed to the last address on record with the Employer (which  
notification shall be deemed to be received on the second day following the  
date of mailing). The notification shall state the job to which the employee  
is eligible to be recalled and the date and time at which the employee shall  
report for work. The employee is solely responsible for his or her proper  
address being on record with the Employer.  
(k)  
(l)  
No full-time employee within the bargaining unit shall be laid off by reason  
of his/her duties being assigned to one or more part-time employees.  
In the event of a layoff of an employee, the Employer shall pay its share of  
insured benefits premiums for the duration of the five-month notice period  
provided for in Article 9.09.  
46  
9.12 - Retraining  
(a)  
Retraining for Positions within the Hospital  
Where, with the benefit of retraining of up to six (6) months, an employee who has  
either accepted the layoff or who is unable to displace any other employee could  
be redeployed to a JCCLP at Milton District hospital position identified by the  
Redeployment Committee Labour Management Committee in accordance with Article  
9.09(b)(i):  
(i)  
Opportunities to fill vacant positions identified by the Employer  
Redeployment Committee Labour Management Committee through  
retraining shall be offered to employees who apply and would qualify  
for the position with the available retraining in order of their seniority  
until the list of any such opportunities is exhausted. Opportunities to  
fill vacancies outside of CUPE bargaining units may be offered by  
the Employer in its discretion.  
(ii)  
The Employer and the Union will cooperate so that employees who  
have received notice of permanent layoff and been approved for  
retraining in order to prevent a layoff will have their work schedules  
adjusted in order to enable them to participate in the retraining, and  
scheduling and seniority requirements may by mutual agreement  
be waived. The Labour Management Committee Redeployment  
Committee will seek the availability of any federal or provincial  
retraining program funds to cover the cost of tuition, books and  
travel, as well as any wages eligible under the terms of such  
program.  
(iii)  
(iv)  
Apart from any on-the-job training offered by the Employer, any  
employee subject to layoff who may require a leave of absence to  
undertake retraining in accordance with the foregoing shall be  
granted an unpaid leave of absence which shall not exceed six (6)  
months.  
Laid off employees who are approved for retraining in order to qualify  
for a vacant position within the Employer will continue to receive  
insured benefits.  
(b)  
Placement  
Upon successful completion of his or her training period, the Employer and the  
Union undertake to waive any restrictions which might otherwise apply, and the  
employee will be placed in the job identified in 9.12(a)(i).  
47  
An employee subject to layoff who applies but later declines to accept, a retraining  
offer or fails to complete the training will remain subject to layoff.  
9.13 - Separation Allowances  
(a)  
Where an employee resigns within 30 days after receiving notice of layoff  
pursuant to Article 9.09(a)(ii) that his or her position will be eliminated, he  
or she shall be entitled to a separation allowance of two (2) weeks' salary  
for each year of continuous service to a maximum of sixteen (16) weeks'  
pay, and, on production of receipts from an approved educational program,  
within twelve (12) months of resignation, may be reimbursed for tuition fees  
up to a maximum of three thousand ($3,000) dollars.  
(b)  
Where an employee resigns later than 30 days after receiving notice  
pursuant to Article 9.09(a)(ii) that his or her position will be eliminated, he  
or she shall be entitled to a separation allowance of four (4) weeks' salary,  
and, on production of receipts from an approved educational program,  
within twelve (12) months of resignation, may be reimbursed for tuition fees  
up to a maximum of one thousand two hundred and fifty ($1,250) dollars.  
48  
10.03 - Contracting In  
Further to Article 9.09(d)(i)(1) the parties agree that the Redeployment Committee  
Labour Management Committee will immediately undertake a review of any existing  
sub-contract work which would otherwise be bargaining unit work and which may be  
subject to expiry and open for renegotiation within six (6) months with a view to  
assessing the practicality and cost effectiveness of having such work performed within  
the Employer by members of the bargaining unit.  
12.02 - Union Business  
(a) The Employer shall grant leave of absence without pay to employees to attend  
Union conventions, seminars, education classes and other Union business in  
connection with the administration of the collective agreement provided that  
such leave will not interfere with the efficient operation of the Employer. Such  
leave will not be unreasonably denied.  
In requesting such leave of absence for an employee or employees, the Union  
must give at least fourteen (14) days clear notice in writing to the Employer,  
unless not reasonably possible to give such notice. The cumulative total leave  
of absence, the number of employees that may be absent at any one time from  
any one area, and the number of days of absence shall be negotiated locally  
and are set out in the Local Provisions Appendix. During such leave of absence,  
the employee’s salary and applicable benefits shall be maintained by the  
Employer on the basis of what his normal regular hours of work would have  
been, provided that the Union reimburses the Employer in the amount of such  
salary and applicable benefits within thirty (30) days of billing.  
Notwithstanding the above, time spent by the eight (8) Executive Board  
members and seven (7) Alternate Executive Board members of the Ontario  
council of Hospital Unions to fulfill the duties of the position shall be in addition  
to leave for Union Business under this clause.  
Part-time and casual employees will be given full credit for seniority purposes  
for regularly scheduled hours missed in accordance with this provision.  
(b) In addition to the above, a part time or casual employee who is attending to  
union business when not regularly scheduled to work shall be deemed to be on  
union leave and the amount of such leave shall not be deducted from the  
number of days of absence identified in Article article 6.06. Such part-time or  
casual employee will be credited with seniority for the number of hours of such  
leave to a maximum of thirty-seven and one-half (37.5) hours per week period.  
The Union will advise the Employer of the number of such hours.  
49  
12.04 - Bereavement Leave  
Any employee who notifies the Employer as soon as possible following a  
bereavement will be granted bereavement leave for four (4) consecutive working  
days off without loss of regular pay from regularly scheduled hours in conjunction  
with the death of the spouse, child, or parent. Any employee who notifies the  
Employer as soon as possible following a bereavement will be granted  
bereavement leave for three (3) consecutive working days off without loss of  
regular pay from regularly scheduled hours in conjunction with the death of the  
sister, brother, mother-in-law, father-in-law, son-in-law, daughter-in-law,  
grandparent, grandchild, brother-in-law, sister-in-law or grandparent of spouse. An  
employee shall be granted one (1) day bereavement leave without loss of regular  
pay from regularly scheduled hours to attend the funeral of his or her aunt or uncle,  
niece or nephew.  
The Employer, in its discretion, may extend such leave with or without pay. Where  
an employee does not qualify under the above-noted conditions, the Employer  
may, nonetheless, grant a paid bereavement leave. For the purpose of  
bereavement leave, the relationships specified in the preceding clause are  
deemed to include a common-law spouse and a partner of the same sex.  
50  
12.06(a) - Pregnancy Leave  
(The following clause is applicable to full-time employees only)  
(a)  
(b)  
Pregnancy leave will be granted in accordance with the provisions of the  
Employment Standards Act, except where amended in this provision. The  
service requirement for eligibility for pregnancy leave shall be thirteen (13)  
weeks of continuous service.  
The employee shall give written notification at least two (2) weeks in  
advance of the date of commencement of such leave and the expected date  
of return. At such time she shall also furnish the Employer with the  
certificate of a legally qualified medical practitioner stating the expected  
birth date.  
(c)  
The employee shall reconfirm her intention to return to work on the date  
originally approved in subsection (b) above by written notification received  
by the Employer at least two (2) weeks in advance thereof.  
(d) Effective on confirmation by the Employment Insurance Commission of the  
appropriateness of the Employer's Supplementary Unemployment Benefit  
(SUB) Plan, An employee who is on pregnancy leave as provided under this  
Agreement who has applied for and is in receipt of Employment Insurance  
pregnancy benefits pursuant to Section 18 of the Employment Insurance  
Act, shall be paid a supplemental unemployment benefit for a period not  
exceeding fifteen (15) weeks. The supplement shall be equivalent to the  
difference between ninety-three percent (93%) of her normal weekly  
earnings and the sum of her weekly employment insurance benefits and  
any other earnings.  
Receipt by the Employer of the employee's  
employment insurance cheque stubs shall constitute proof that she is in  
receipt of Employment Insurance pregnancy benefits.  
The employee's normal weekly earnings shall be determined by multiplying  
her regular hourly rate on her last day worked prior to the commencement  
of the leave times her normal weekly hours plus any wage increase or salary  
increment that she would be entitled to receive if she were not on pregnancy  
leave.  
In addition to the foregoing, the Employer will pay the employee ninety-three  
percent (93%) of her normal weekly earnings during the first one (1) two (2)  
week period of the leave while waiting to receive Employment Insurance  
benefits.  
The employee does not have any vested right except to receive payments  
for the covered unemployment period. The plan provides that payment in  
respect of guaranteed annual remuneration or in respect of deferred  
remuneration or severance pay benefits are not reduced or increased by  
payments received under the plan.  
(e)  
(f)  
Credits for service and seniority shall accumulate for a period of up to  
seventeen (17) weeks while an employee is on pregnancy leave.  
Provided that the employee prepays, monthly in advance, her share of the  
billed premiums or contributions, the Employer will continue to pay its share  
51  
of the contributions of the subsidized employee benefits, including pension,  
in which the employee is participating for a period of up to seventeen (17)  
weeks while the employee is on pregnancy leave.  
(g)  
Subject to any changes to the employee's status which would have occurred had  
she not been on pregnancy leave, the employee shall be reinstated to her former duties,  
on the same shift in the same department, and at the same rate of pay.  
52  
12.06(b) - Pregnancy Leave  
(The following clause is applicable to part-time employees only)  
(a)  
(b)  
Pregnancy leave will be granted in accordance with the provisions of the  
Employment Standards Act, except where amended in this provision. The  
service requirement for eligibility for pregnancy leave shall be thirteen (13)  
weeks of continuous service.  
The employee shall give written notification at least two (2) weeks in  
advance of the date of commencement of such leave and the expected date  
of return. At such time she shall also furnish the Employer with the  
certificate of a legally qualified medical practitioner stating the expected  
birth date.  
(c)  
(d)  
The employee shall reconfirm her intention to return to work on the date  
originally approved in subsection (b) above by written notification received  
by the Employer at least two (2) weeks in advance thereof.  
Effective on confirmation by the Employment Insurance Commission of the  
appropriateness of the Employer's Supplementary Unemployment Benefit  
(SUB) Plan, An employee who is on pregnancy leave as provided under this  
Agreement who has applied for and is in receipt of Employment Insurance  
pregnancy benefits pursuant to Section 18 of the Employment Insurance  
Act, shall be paid a supplemental unemployment benefit for a period not  
exceeding fifteen (15) weeks. The supplement shall be equivalent to the  
difference between ninety-three percent (93%) of her normal weekly  
earnings and the sum of her weekly employment insurance benefits and  
any other earnings.  
Receipt by the Employer of the employee's  
employment insurance cheque stubs shall constitute proof that she is in  
receipt of Employment Insurance pregnancy benefits.  
The employee's normal weekly earnings shall be determined by multiplying  
her regular hourly rate on her last day worked prior to the commencement  
of the leave times her normal weekly hours plus any wage increase or salary  
increment that she would be entitled to receive if she were not on pregnancy  
leave.  
In addition to the foregoing, the Employer will pay the employee ninety-three  
percent (93%) of her normal weekly earnings during the first one (1) two (2)  
week period of the leave while waiting to receive Employment Insurance  
benefits.  
The employee does not have any vested right except to receive payments  
for the covered unemployment period. The plan provides that payment in  
respect of guaranteed annual remuneration or in respect of deferred  
remuneration or severance pay benefits are not reduced or increased by  
payments received under the plan.  
(e)  
(f)  
Credits for service and seniority shall accumulate for a period of up to  
seventeen (17) weeks while an employee is on pregnancy leave on the  
basis of what the employee's normal regular hours of work would have  
been.  
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Provided that the employee prepays, monthly in advance, her share of  
pension contributions, the Employer will continue its share of pension  
contributions during the period of pregnancy leave. The Employer will  
continue to pay the percentage in lieu of benefits during the period of  
(g)  
Subject to any changes to the employee's status which would have  
occurred had she not been on pregnancy leave, the employee shall be  
reinstated to her former duties, on the same shift in the same department,  
and at the same rate of pay.  
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12.07(a) - Parental Leave  
(The following clause is applicable to full-time employees only)  
(a)  
(b)  
(c)  
(d)  
Parental leaves will be granted in accordance with the provisions of the  
Employment Standards Act, except where amended in this provision.  
The service requirement for eligibility for parental leave shall be thirteen (13)  
weeks of continuous service.  
An employee, who qualifies for parental leave, other than an adoptive  
parent, shall give written notification of at least two (2) weeks in advance of  
the date of the commencement of such leave and the expected date of  
return.  
For the purposes of this Article, parent shall be defined to include a person  
with whom a child is placed for adoption and a person who is in a  
relationship of some permanence with a parent of a child and who intends  
to treat the child as his or her own.  
An employee who is an adoptive parent shall advise the Employer as far in  
advance as possible of having qualified to adopt a child, and shall request  
the leave of absence, in writing, upon receipt of confirmation of the pending  
adoption. If, because of late receipt of confirmation of the pending adoption,  
the employee finds it impossible to request the leave of absence in writing,  
the request may be made verbally and subsequently verified in writing.  
An employee shall reconfirm his or her intention to return to work on the  
date originally approved in subsection (b) above by written notification  
received by the Employer at least two (2) weeks in advance thereof.  
(e)  
Effective on confirmation by the Employment Insurance Commission of the  
appropriateness of the Employer's Supplemental Unemployment Benefit  
(SUB) Plan, an An employee who is on parental leave as provided under  
this Agreement who has applied for and is in receipt of Employment  
Insurance parental benefits pursuant to Section 18 of the Employment  
Insurance Act, shall be paid a supplemental unemployment benefit for a  
period not exceeding ten (10) eleven (11) weeks. That benefit shall be  
equivalent to the difference between ninety-three percent (93%) of the  
employee's normal weekly earnings and the sum of his or her weekly  
Employment Insurance benefits and any other earnings. Receipt by the  
Employer of the employee's unemployment insurance cheque stub will  
serve as proof that the employee is in receipt of unemployment parental  
benefits.  
Where an employee elects to receive parental leave benefits pursuant  
to Section 12(3)(b)(ii) of the Employment Insurance Act, the amount of  
55  
any Supplemental Unemployment Benefit payable by the Employer  
will be equal to what would have been payable had the employee  
elected to receive parental leave benefits pursuant to Section  
12(3)(b)(i) of the Employment Insurance Act.  
The employee's normal weekly earnings shall be determined by multiplying  
the employee's regular hourly rate on his or her last day worked prior to the  
commencement of the leave times the employee's normal weekly hours,  
plus any wage increase or salary increment that the employee would be  
entitled to if he or she were not on parental leave.  
In addition to the foregoing, the Employer shall pay the employee  
ninety-three percent (93%) of his or her normal weekly earnings during the  
first two (2) one (1)