ARTICLE 1 – GENERAL PURPOSE
1.01 The purpose of this Agreement is to establish and maintain orderly collective bargaining relations between Circle of Care and its employees represented by the Union.

ARTICLE 2 – RECOGNITION AND SCOPE
2.01 The Employer recognizes the Service Employees International Union, Local 1 Canada as the sole and exclusive bargaining agent of all employees of Circle of Home Care Services (Toronto) c.o.b. as Circle of Care in the city of Toronto save and except supervisors, persons above the rank of supervisor, office and clerical staff, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period.

Part Time Scope Clause
The Employer also recognizes the Union as the sole and exclusive bargaining agent for all employees of Community Services to Circle of Home Care Services (Toronto) c.o.b. as Circle of Care in the City of Toronto, regularly employed for not more than twenty-four (24) hours per week, and students employed during the school vacation period, save and except supervisors, persons above the rank of supervisor, office and clerical staff. These persons shall be collectively referred to as part-time employees. 2.02 It is agreed that the word “Employee” or “Employees” whenever used in this Agreement shall be deemed to refer only to an Employee or Employees in the applicable bargaining unit as hereinbefore identified.
2.03 All language in the Collective Agreement will be gender neutral. The inclusive pronouns “they/them/their” shall mean and include all genders.
2.04 Excluded Persons
Anyone excluded from the bargaining unit as described in Article 2.01 shall not perform services for clients normally provided by members of the bargaining unit save and except in case of emergency or for training or demonstration or in circumstances beyond the control of the Employer.

2.05 The Employer agrees that it will not enter into any other agreement or contract with those employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Agreement.

ARTICLE 25 – TERM

25.01 This Agreement shall be effective on July 1, 2021 and shall continue thereafter until June 30, 2024.

This Agreement shall continue from year to year unless written notice to terminate or amend this Agreement is given by either other party within a period of ninety (90) days immediately prior to the expiration date. Where notice is given by either party in writing as referred to above, negotiations shall commence not later than thirty (30) days after the date of such written notice.

ARTICLE 3 – MANAGEMENT RIGHTS
3.01 It is recognized and agreed by both the Union and the Employer that the Employer is a private organization dependent upon public and private funding and volunteer support. Nothing in this Agreement shall be intended or interpreted as limiting the ability of the Employer to respond to the needs of the community or the requirements of obtaining or continuing to obtain funding from various sources. The Union acknowledges and recognizes that all matters concerning the management of the Employer’s operations and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer except where specifically limited by an express provision in this Agreement. Without restricting or limiting the generality of the foregoing, the Union acknowledges and recognizes the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency;
(b) hire, classify, transfer, assign, promote, increase or decrease work assignments and determine standards of performance and work assignments;
(c) discharge, suspend, demote or otherwise discipline employees provided that a claim by an employee who has successfully completed their probationary period, that they have been disciplined, suspended or discharged without just cause may be the subject of a grievance dealt with as hereinafter provided;
(d) make, enforce, and alter from time to time reasonable rules and regulations governing the conduct of the employees and to be observed by the employees which are not inconsistent with the provisions of this Agreement;
(e) manage the services in which the Employer is engaged or may become engaged without in any way restricting the generality of the foregoing to determine the types of services to be provided and the programs required to carry out those services including the right to plan, direct, and control service, facilities, programs, courses, procedures, methods, staffing, location and classification of personnel required from time to time, work assignments and the scheduling thereof, supervision and control of programs; and
(f) take all steps as may be deemed advisable by the Employer to carry out the Employer’s mandate to provide quality services to the community and to obtain funding to provide such services.

3.02 The Employer agrees that such rights shall be exercised in a manner consistent with the provisions of this Agreement.
3.03 Definitions
(a) Full-Time
A full-time employee means an employee in the bargaining unit who works on average twenty-five (25) hours per week or more. In order to qualify as a full-time employee, members need to work 1300 hours for the calendar year. All hours worked and paid for shall be included in the employee’s yearly total. For clarity, this does not include vacation or sick time.
In the event that a full-time employee cannot reasonably meet the 1300 hours worked in the calendar year due to unforeseen
circumstances, the full-time employee shall have their full-time status assessed in good faith on a case-by-case basis by the Employer. Where the Union alleges that an employee’s full-time status has been unreasonably denied, the Union and the Employee shall meet with the Employer.
(b) Part–Time
A part-time employee means an employee in the bargaining unit who works on average less than twenty-five (25) hours per week.

ARTICLE 4 – UNION SECURITY AND CHECK-OFF

4.01 As a condition of employment, the Employer will deduct from each employee covered by this Agreement an amount equal to the regular monthly Union dues designated by the Union.

Such dues shall be deducted from each pay for employees. In the case of newly hired employees each employee shall be subject to a one ( 1) time Union Initiation Fee as directed by the Secretary Treasurer of the Union Initiation Fees and Dues deductions shall commence in the month of hire.

The amount of the regular monthly dues shall be those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer conclusive authority to make the deductions specified.

In consideration of the deducting of Initiation Fees and Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article.

Monthly deductions shall be made and forwarded to the Secretary Treasurer of the local Union on or before the 15th of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues the month following with the reason why dues were missed.

The Employer agrees to forward a list of dues deductions in an electronic format provided by the Union showing the names, classifications, current addresses, phone numbers, Social Insurance Numbers, highlighting new hires, resignations, terminations, new unpaid leave of absence and return from leave of absence, hourly rate, hours worked, and the amount of dues remitted on behalf of each of the employees for whom deductions have been made.

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 payroll system.

4.02 In consideration of the deducting and forwarding of Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article.

ARTICLE 5- NO DISCRIMINATION

5.01 The parties agree that they and the employees covered by this Agreement shall comply with the provisions of the Ontario Human Rights Code and the Employment Standards Act.

5.02 The parties agree that there will be no discrimination, interference, restraint, coercion, or intimidation exercised or practiced by either of them or their representatives or members because of an employee’s membership or nonmembership in the Union or because of her activity or lack of activity in the Union.

5.03 The Union further agrees that there will be no solicitation of members, collection of dues, Union executive or membership meetings or other Union activities either on the premises of the Employer or at such location where services are being provided by employees except as specifically permitted by this Agreement or as specifically authorized in writing by the Employer.

5.04 The Union and the Employer recognize their obligations in promoting a harassment free work environment and in ensuring that every individual has the right to dignity and respect and to be treated fairly in the workplace.
Harassment can be defined as any unwelcome action by any person, in particular management or a co-worker, whether verbal or physical, on a single or repeated basis which humiliates, insults, degrades or threatens the health or well-being of an individual or which poisons the work environment. Unwelcome or unwanted in this context means any action that the harasser knows or ought reasonably to know are not desired by the individual.

ARTICLE 6- NO STRIKES OR LOCKOUTS

6.01 The Employer agrees that it shall not lock out employees during the term of this Collective Agreement.

6.02 The Union agrees that during the term of this Collective Agreement, it will not cause, permit, or authorize its members to strike, sit down, slow down, or engage in any other work stoppage, or any form of collective action which will interfere with or stop service and that, if such collective action would take place, the Union will instruct its members to continue to work and to perform their duties in the usual manner.

ARTICLE 7- UNION REPRESENTATION

7.01 Grievance Meetings
The Union acknowledges and agrees that the Stewards in this article have regular duties to perform in connection with their employment with the Employer. Grievance meetings between the parties shall be scheduled as part of the employees regularly scheduled working hours and shall be attended with pay. A general representative of the Union may be present at any grievance meeting.

7.02 Union Stewards
(a) The Employer agrees to recognize six (6) Union stewards to be elected or appointed from amongst employees in the bargaining unit who have completed their probationary period for the purpose of dealing with Union business as provided under this Collective Agreement.
(b) A Chief Steward may be appointed or elected. The Chief Steward may, in the absence of any steward, assist in the presentation of any grievances, or with any steward function.
(c) 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.
(d) The Union acknowledges and agrees that Stewards have regular duties to perform in connection with their employment and will not absent themselves from their duties without obtaining permission to do so from their immediate supervisor on duty at the time. The Stewards will first obtain the supervisor’s permission before undertaking any such business and when such business has been completed, the Steward shall advise the supervisor. Such permission shall not be unreasonably withheld.
(e) A Steward who is requested by the Employer to attend a meeting will be reimbursed at their regular rate of pay including reimbursement for travel, if applicable.

(f) The Employer agrees to provide the employees with the union Stewards’ voice box numbers for the purpose of communicating Union business.

The Employer agrees to enable Union Stewards to send notifications in English through the voicemail system. Such notifications will be for the express purpose of notifying members of the time and place of upcoming meetings, or Union events as approved by the Employer.

If during the life of this collective agreement the employer enables messaging for all members, the union can notify the members instead of the voicemail system for the purpose of communicating Union business.

7.03 Negotiating Committee
(a) The Employer agrees to recognize a Negotiating Committee comprising of four (4) members to be elected, or appointed from amongst employees in the bargaining unit, who have completed their probationary period.
(b) Nothing in this provision is intended to preclude the Union Negotiating Committee from having the assistance of any representatives of the Union when negotiating with the Employer.
(c) Circle of Care will pay the home service workers on the union negotiating committee at one hundred (100) per cent of their normal wage rates for time spent at meetings called jointly for purposes of discussing the union contract by the union and management committees, up to the point of conciliation, from then onwards payment shall be fifty (50) percent paid by Employer and fifty (50) percent by the union.

7.04 Labour-Management Committee
(a) A Labour-Management Committee comprised of Union and Employer representatives shall be established for the purpose of discussing and addressing workplace matters of concern to either party. This Committee shall not deal with matters that are the current subject matter of a grievance or subject matter related to collective bargaining which might alter or modify the Collective Agreement.
The Union shall normally be represented by the Union Representative and up to three (3) Stewards. The Committee shall meet once every three (3) months, at the request of either party. Agenda items shall be shared one (1) week in advance of the meeting date. Stewards that attend such a meeting will be compensated at their regular rate of pay including reimbursement for travel, if applicable.

ARTICLE 8 – GRIEVANCE PROCEDURE

8.01 (a) For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties relating to the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable.

(b) For the purposes of the grievance and arbitration provisions of this Collective Agreement, “working day” means a weekday, Monday, to Friday, other than a statutory holiday.

8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Collective Agreement which are alleged to have been violated.

8.03 (a) 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 a Union Steward.

In the case of all discipline, the Employer shall notify the employee of their right in advance.

It is the responsibility of the employee’s supervisor to inform them of that right and of the names and phone numbers of the Stewards. If they desire, the employee will call a Steward of their choice, and request their presence during the grievance meeting. They will then notify the supervisor of their selection. The supervisor will schedule a meeting at a mutually appropriate time.

Should the employee’s Steward of choice not be available within twenty-four (24) hours of a request to attend a disciplinary meeting relating to the suspension or discharge of the employee or within three (3) days of a request to attend any other disciplinary meeting, the employee shall select an alternate Steward who is available to meet as requested.

(b) Where the Employer suspends or discharges an employee, the Employer shall notify the Union of such suspension or discharge in writing, within three (3) days. The time limits for filing a grievance shall commence with the notice to the Union.

(c) Circle of Care agrees to reimburse a Steward in attendance at a grievance meeting at their regular hourly wages and travel reimbursement, if applicable, for the time spent at the meeting and they shall continue to accrue seniority and service as a result of attending these meetings.

8.04 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 they have first given their immediate supervisor the opportunity of adjusting their complaint.

Early Resolution
Such complaint shall be discussed between the employee and their immediate supervisor within five (5) days after the circumstances giving rise to the complaint or ought reasonably to have come to the attention of the employee.

Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following their immediate supervisor’s decision in the following manner and sequence:

8.05 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows:

Step 1
A Union steward shall submit the signed, written grievance, to the immediate supervisor or designate. The grievor may accompany the Union Steward. The immediate supervisor or designate will deliver their decision in writing within five (5) days following the day on which the written grievance was presented to them. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then:

Step 2
Within five (5) days following the written decision in the immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department. A meeting will then be held between the Human Resources Department and the Union Steward(s) or Grievance Committee, who may be accompanied by the Union Representatives, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties.

The decision of the Employer shall be delivered in writing to the Union Steward and Union Representative within ten (10) days following the date of such meeting.

8.06 Policy Grievance
A grievance or complaint arising directly between the Employer and the Union
concerning the interpretation, application or alleged violation of the Agreement must be originated at Step 2 within five (5) working days following the circumstances giving rise to the grievance. Failing settlement under Step 2 within five (5) working days, the grievance may be submitted to arbitration in accordance with Article 9. However, it is expressly understood that the provisions of this Article may not be used by the Union to institute a grievance or complaint directly affecting an employee which they could have instituted themself and the regular grievance procedure shall not be thereby by-passed.

Employer Grievance
Where the grievance is an Employer grievance, it shall be filed in writing with the Union and the Union shall give its reply within five (5) working days following receipt of the grievance.

Group Grievance
Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, to the Employer or designee within ten (10) days after the circumstances given rise to the grievance have occurred, or ought reasonably to have come to the attention of the Union. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance.

8.07 Discharge Grievance
If an employee, who has completed their probationary period, claims that they have been unjustly discharged, such claim must be submitted in the form of a signed grievance by the Union Steward at step 2 of the grievance procedure to the Employer within five (5) days following the date the discharge is effective, or ought reasonably to have come to the attention of the union. The grievor may accompany the Union Steward.

Such grievance may be settled under the Grievance and Arbitration procedure
by:
(a) confirming the Employer’s action in discharging the employee, or
(b) reinstating the employee with up to full wages, seniority, service, and any other damages that would make the employee whole.
(c) any other arrangement which may be deemed just and equitable.

8.08 (a) Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under step 2 is given, the grievance shall be deemed to have been abandoned.

Timelines may be extended by mutual agreement of the parties.
(b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding
(a) above, the parties may, upon mutual agreement, engage the services of a mediator/arbitrator 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/arbitrator.

8.09 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, the Union and the employee(s).

8.10 Grievance Mediation
(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within five (5) working days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.
(b) Grievance mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties.
(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.
(d) The parties shall agree on a mediator.
(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party.
(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.
(g) The Mediator will have the authority to meet separately with either party.
(h) If no settlement is reached within five (5) working days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to at Arbitration.
(i) The Union and Employer will share the cost of the Mediator, if any.

ARTICLE 9 – ARBITRATION

9.01 If the Employer or the Union requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party within ten ( 1 0) working days of receipt of the answer to the grievance at Step 2, or within ten (10) workings days of the expiration of the time limit provided under Step 2 if no answer is provided, or within ten (10) working days of the completion of mediation where no settlement has been reached. Where no written request for arbitration is received within the time limits set out herein, the grievance shall be deemed to have been settled and not eligible for arbitration.

9.02 A written request that a grievance be submitted to arbitration shall include the names of three (3) choices for the arbitrator. If the party receiving the request accepts one of the proposed arbitrators, that arbitrator will be contacted within ten (10) working days to arrange dates for the arbitration. When the party receiving the request rejects all three (3) names, that party will respond with three (3) more choices within ten (10) working days. If agreement is not reached, either party may apply to the Ontario Ministry of Labour to appoint an arbitrator within ten (10) working days of the rejection.

9.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance prior to their appointment.

9.04 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.

9.05 The Arbitrator shall hear and determine the difference between the parties and the decision of the Arbitrator shall be final and binding upon the parties hereto and the employees.

9.06 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement, nor alter, modify or amend any part of the Agreement.

9.07 The parties will jointly bear the fees and expenses of the Arbitrator.

9.08 The time limits set out in this Article may be extended by mutual agreement of the parties in writing.

ARTICLE 10 – SENIORITY

10.01 Probationary Period

A new employee will be considered on probation until after they have completed 480 hours of actual work in the bargaining unit. It being understood further probationary period of thirty (30) working days will be established if the Employer is not in receipt of the police and Medical reports. Notwithstanding anything in this Agreement, probationary employees shall have no seniority standing and the Employer may suspend, discharge or otherwise discipline a probationary employee at any time during the employee’s probationary period and such action by the Employer should not be subject to the grievance and arbitration procedures and does not constitute a difference between the parties. During the probationary period, the probationary employee shall have no right whatsoever under this Agreement.

10.02 Upon successful completion of such probationary period, the employee’s name will be placed on the appropriate seniority list and credit shall be given for the number of days of work actually completed by the employee with the Employer since the date of last hire.

10.03 Seniority Lists
The Employer shall provide the Union electronic copies of the Seniority Lists sorted by full-time, part-time, classification and seniority within the classification. The seniority list shall be posted on a bulletin board provided by the employer. Lists shall be provided on a tri-annual basis, January, May and October. Such lists will be emailed to all Stewards. Seniority as posted shall be deemed to be final and not subject to complaint unless such complaint is made within thirty (30) calendar days from the date of posting. New employees appearing on the list for the first time have thirty (30) calendar days to challenge their position on the list.

10.04 Definition of Seniority
Employees will accumulate seniority on the basis of their continuing service and shall have seniority dating from the last day of hire except as otherwise provided herein. Seniority shall be recognized by classification except as otherwise provided herein.

10.05 Transfer of Service and Seniority
An employee whose status is changed from full-time to part-time shall receive credit for their full service and seniority in accordance with Article 10. An employee whose status is changed from part-time to full-time shall receive credit for seniority and service on the basis of one (1) year equals 1500 hours worked, and will be enrolled in the employee benefit plans subject to meeting any waiting periods or other requirements of those plans.

10.06 Loss of Seniority
An Employee shall lose all service and seniority and shall be deemed to have been terminated if she:
(a) resigns;
(b) is discharged and not reinstated through the grievance and arbitration procedure;
(c) fails to report for a scheduled work assignment without notifying the Employer of such absence and providing a reason satisfactory to the Employer for such absence or is absent from a scheduled assignment without permission of the Employer;
(d) has been laid off for the lesser of eighteen (18) calendar months or length of their seniority;
(e) is absent due to illness or disability (including absences for which Workers’ Compensation Benefits are received) which absence continues for the lesser of eighteen (18) calendar months or period equivalent to the employee’s length of seniority at the time of the illness or disability commenced; or

(f) fails to return to work upon the expiration of a leave of absence or utilizes a leave of absence for any purpose other than that for which it was granted; or
(g) has been unavailable to work a shift for a period of one (1) months within their stated availability, except when on an approved leave of absence, or extreme circumstances. The Employee shall be contacted by mail (courier or registered) at their address on record, to determine their continued employment with the Employer. Should no written response be received within one (1) week, the employee shall forfeit their seniority and be terminated from their employment with the Employer. If the Employer receives confirmation that the employee will maintain their employment another letter will be sent to the employee confirming this.                                                                                    The parties will abide by the Ontario Human Rights Code.

ARTICLE 11- LAY-OFF AND RECALL

11.01 In the event of a lay-off, the Employer agrees that employees shall be laid off in the reverse order of their seniority within classification. The employees shall be recalled to work in order of their seniority in classification.

11.02 Employees on lay-off are entitled to apply for any job vacancies arising out of a job posting.

11.03 It shall be the duty of the employee to notify the Employer promptly of any change in their address. If any employee should fail to do so, the Employer will not be responsible for failure of any communication to reach the employee.

11.04 Notice of Lay-off

(a) In the event of a proposed layoff at the Employer of a permanent or longterm nature, the Employer shall:

(i) provide the Union with as much notice as possible with written notice of the proposed layoff or elimination of position, and

(ii) provide the affected employee(s), if any, no less than one (1 ) week’s written notice of layoff or pay in lieu thereof for each year of service.

(b) An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed.

In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Employer shall not act in an arbitrary manner.

(c) 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.

(d) Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff.

ARTICLE 12-JOB POSTING AND PROMOTIONS

12.01 The Employer agrees to post all permanent vacancies within the bargaining unit for a period of at least five (5) consecutive working days. The term permanent vacancies used in this Agreement shall be deemed to mean a vacancy which the Employer desires to fill and arises as a result of:

( 1) The death, discharge, retirement or quit of an employee; or

(2) The creation of a new bargaining unit job by the company.

In the event that no qualified applicants from within the bargaining unit apply, the company shall be able to fill this permanent vacancy as it sees fit. In all cases of filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit), the following factors shall be considered:

(a) length of continuous service;

(b) professional qualifications, training, experience, education, knowledge, skill and ability to perform the normal requirements of the job;

(c) reliability.

Where qualifications and factors (b) and (c) are relatively equal in the judgment of the Employer, factor (a) shall govern.

12.02 The name and contact information of a successful applicant will be provided to the Union Representative and Chief Steward via email within fifteen (15) days of hire.

ARTICLE 13-WAGES

13.01 The Employer agrees to pay and the Union agrees to accept the schedule of wage rates attached hereto as Appendix “A”  which forms part of this Agreement.

13.02 On or before an Employee’s pay day, the Employer shall provide the Employee with a pay statement that clearly states: the pay period for 15 which the wages are being paid; the employee’s hourly wage rate; the hours worked; the gross amount of earnings; the amount and purpose of each deduction; and the net amount of earnings. Each pay statement shall include the calendar year-to-date totals for hours worked, gross earnings, deductions, and net earnings.

ARTICLE 14 – LEAVE OF ABSENCE

14.01 Bereavement Leave
(a) An employee who notifies the Employer as soon as possible following the death shall be granted up to four (4) consecutive days off, without loss of their regular pay for their scheduled hours in conjunction with the death of a member of their immediate family. “Immediate family” means, parent, brother, sister, spouse, (including common law and same sex spouse), son, daughter, son-in-law, daughter-in-law, motherin-law, father-in-law, brother in-law, sister-in-law, grandparent, grandchild, guardian or step-parent or stepchild.
An employee shall be granted one (1) day bereavement leave without loss of their regular pay on the death of their aunt or uncle, niece or nephew.

(b) Where an employee does not qualify under the above noted condition, the Employer, may, nonetheless, grant a paid bereavement leave or an unpaid leave of absence.

(c) In the event of a delayed interment, one (1) day of a paid bereavement leave may be reserved by the employee to attend the burial services with pay.

14.02 Education Leave
(a) If required by the Employer, an employee shall be entitled to a leave of absence with pay and without loss of seniority and benefits to take prescribed training courses.

(b) A leave of absence, without pay, to take further training courses or seminars related to the employee’s work with the Employer may be granted upon written application by the employee to their immediate supervisor. It is understood and agreed that the Employer will, wherever practicable in accordance with its scheduling requirements, arrange the scheduled work assignments of employees attending such training courses or seminars to permit such attendance.

(c) Where an employee is required by the Employer to attend in service training, the time spent will be deemed to be time worked.

(d) Where employees are required by the Employer to take courses for the purposes of upgrading or acquiring new skills and qualifications, the Employer shall pay the full costs associated with such courses.

(e) Notwithstanding the provisions of the clause, where the Employer offers courses, workshops or lectures for which the attendance of employees is not required, attendance at such courses, workshops or lectures will be considered voluntary and attendance shall be without pay.

14.03 Jury and Witness Duty
An employee who has successfully completed their probationary period and who is required, and reports for jury duty in any court of law, or is required by subpoena to attend at a court of law or coroner’s inquest in connection with a matter arising out of the employee’s duties with the Employer, shall do so without loss of pay provided that the employee was scheduled to work and would otherwise have worked but for such attendance, provided that the employee:

(a) notifies the Employer immediately upon the employee’s notification that they will be required to attend at court or at the inquest;

(b) presents proof of service requiring the employee’s attendance; and

(c) deposits with the Employer the full amount of compensation received for such jury duty of attendance (excluding mileage, travelling and meal allowances) and an official receipt thereof.

14.04 Union Leave

A leave of absence for Union business may be granted without loss of pay and without loss of seniority provided that such leave does not interfere with the continuance of efficient operations of the Employer and does not interfere with the proper care of the Employer’s clients. Employees on an approved union leave will be paid by the Employer who will, in turn, be reimbursed by the Union for the amount paid to the Employees. Such leave shall be subject to the following conditions:

(a) not more than six (6) employees are to be absent on such leave at any given time; and

(b) a request must be made in writing and approved by the Employer at least twenty-one (21) days prior to the commencement of the function for which the leave is requested.

(c) no one such leave of absence shall extend beyond five (5) consecutive days (Monday to Friday).

(d) Full-time Union Officers

Upon application by the Union, in writing, the Employer will give reasonable consideration to a request for leave of absence, without pay, to an employee elected or appointed to full time Union Office. It is understood that no more than one (1) employee in the bargaining unit may be on such leave at the same time. Such leave, if granted, shall be for a period of four (4) calendar years from the date of appointment, unless extended for a further specific period by agreement of the parties. Seniority and service shall accumulate during such leave to the maximum provided, if any, under the provisions of the Collective Agreement. It will become the responsibility of the employee for full payment of any applicable benefits in which the employee is participating during such leave of absence. The Employer agrees to consider additional requests for Union Leave and such Leave shall be approved or not approved at the Employer’s sole discretion.

14.05 Personal Leave
An employee who has successfully completed the probationary period may apply for a leave of absence without pay for legitimate personal reasons and provided that the employee can be spared having due regard to the proper and efficient operation of the Employer and the needs of the Employer’s clients, the Employer may grant or withhold any application for leave of absence depending upon the circumstances. Application for such leave should be made in writing to the Employer as far in advance as possible, but in any event at least two weeks prior to the commencement of the leave. The application must clearly state the reason for the leave of absence and the anticipated duration of such absence. The leave of absence for thirty (30) calendar days or less will not affect an employee’s seniority. If the Employer grants a leave of absence in excess of thirty (30) calendar days the employee’s seniority will be preserved but will cease to accumulate beyond that thirty days.

14.06 Pregnancy Leave

(a) Pregnancy leave without pay will be in accordance with the provisions
of the Employment Standards Act.

An employee who is eligible for pregnancy leave under the provisions of the Employment Standards Act may upon written request to the Employer not later than four (4) weeks following the actual date of their delivery, apply for an extension of their maternity leave.

(b) During any authorized pregnancy leave, the employee will be responsible for the employee portion of subsidized employee benefits in which they are participating. The employee may arrange with the Employer to prepay the employee portion of the premium of the subsidized employee benefits for the entire period of the leave to ensure coverage.

(c) An employee who intends to resume their employment following their pregnancy leave shall advise the Employer of their intention at least two (2) weeks before their expected date of return. On their return to work they shall be reinstated to their position or provided with alternative work of a comparable nature at not less than their wages at the time the pregnancy leave began. An employee shall continue to accrue seniority while on pregnancy leave.

14.07 Parental Leave
(a) 1. An employee who has been employed by their Employer for at least thirteen weeks and who is the parent of a child is entitled to a leave of absence without pay following,
(a) the birth of the child; or
(b) the coming of the child in to the custody, care and control of a parent for the first time.
2. The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time.
3. The employee must give the Employer at least two weeks written notice of the date the leave is to begin.
4. Subsection 14.07 (a) (4) does not apply in the case of an employee who is the parent of a child and who stops working because the child comes into the custody, care and control of a parent for the first time sooner than expected.
5. The parental leave of an employee described in subsection (1) begins on the day the employee stops working.
6. An employee described in subsection (5) must give the Employer written notice that the employee wishes to take leave within two weeks after the employee stops working.

(b) 1. An employee who has given notice to begin pregnancy leave or parental leave may change the notice,
(a) to an earlier date if the employee gives the Employer at least two weeks written notice before the earlier date; or
(b) to a later date if the employee gives the Employer at least two weeks written notice before the date leave was to begin.
2. An employee who has given notice to end leave may change the notice,
(a) to an earlier date if the employee gives the Employer at least four weeks written notice before the date leave was to end.
(b) to a later date if the employee gives the Employer at least four weeks written notice before the date leave was to end.

(c) 1. During pregnancy leave or parental leave, an employee continues to participate in each type of benefit plan described in subsection (2) that is related to their employment unless they elect in writing not to do so.
2. For the purpose of subsection (1) the types of plans are pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any other types of benefit plans that are prescribed in the Employment Standards Act.
3. During an employee’s pregnancy leave or parental leave, the Employer shall continue to make the Employer’s contributions for any plan described in subsection (2) unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s contributions, if any.
4. Seniority continues to accrue during pregnancy leave or parental leave.

(d) 1. The Employer of any employee who has taken pregnancy leave or parental leave shall reinstate the employee when the leave ends to the position the employee most recently held with the Employer, if it still exists, or to a comparable position, if it does not.
2. If the Employer’s operations were suspended or discontinued while the employee was on leave and have not resumed when the leave ends, the Employer shall reinstate the employee, when the operations resume, in accordance with the Employer’s seniority system or practice, if any.
3. The Employer shall pay a reinstated employee wages that are at least equal to the greater of,
(a) the wages the employee was most recently paid by the Employer; or
(b) the wages that the employee would be earning had the employee worked throughout the leave.
(e) The Employer shall not intimidate, discipline, suspend, lay off, dismiss or impose a penalty on an employee because the employee is or will become eligible to take, intends to take or takes pregnancy leave or parental leave.

ARTICLE 15 – INJURY AND DISABILITY

15.01 Workers Safety and Insurance Board Injury
In the case of an accident or injury for which an employee will be compensated by the WSIB, the Employer agrees to pay the employee for the entire period of work for which they were scheduled on the day of the accident or injury.

15.02 The employee acknowledges their obligations, and the Employer acknowledges its obligations, regarding an early and safe return to work of a sick or injured employee under applicable legislation including but not limited to the Workplace Safety and Insurance Act, as amended from time to time

ARTICLE 16 – HEALTH AND SAFETY

16.01 Accident Prevention – Health and Safety Committee
(a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in order to prevent accidents, injury and illness.

(b) Recognizing its responsibilities under the Occupational Health and Safety Act, R.S.O. 1990, Ch 0.1 and as amended from time to time, the Employer agrees to accept as a member of the Accident Prevention – Health and Safety Committee at least one (1) representative selected or appointed by the Union from amongst bargaining unit employees.

(c) Meetings shall be held every fourth (4th) month or more frequently at the call of the chair if required. The Committee shall maintain minutes of all meetings and make the same available for review.

(d) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one (1) calendar year from the date of appointment, which may be renewed for further periods of one (1) year. Time off for such representative(s) to attend meetings of the Accident Prevention – Health and Safety Committee in accordance with the foregoing shall be granted and any representative(s) attending such meeting during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance.

(e) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices.

ARTICLE 17- MISCELLANEOUS

17.01 Personnel File

An employee shall have the right to review their personnel file following reasonable verbal notice to the employee’s immediate supervisor.

Any warning letter, suspension or other sanction will be removed from the employee’s personnel file twelve (12) months following the date of such letter, suspension or other sanction provided that the employee’s record has been discipline free for such twelve ( 12) month period. If any employee is off on a unanticipated LOA for more than 1 month, the 12 month period will be extended for the length of the leave.

17.02 Printing Costs

The Employer and the Union will share equally in the costs of printing of the Collective Agreement in a form mutually agreed upon.

17.03 Union Bulletin Board

The Employer will supply a Bulletin Board for Union purposes. All postings must be approved by the Human Resources or their designate prior to posting.

ARTICLE 18 – HOLIDAYS
18.01 The Employer recognizes the following as paid holidays for all employees:
New Years Day Civic Holiday (first Monday in August)
Family Day Labour Day
Good Friday Thanksgiving Day
Victoria Day Christmas Day
Canada Day Boxing Day
Float Holiday* *as described in 18.08

18.02 To be eligible for holiday pay, an employee must have completed their probationary period and must have completed their scheduled work assignment immediately prior to and immediately following the holiday unless reasonable cause for not doing so is shown.

18.03 An employee will not be disqualified from receiving holiday pay if they are absent on any such qualifying day if their absence is due to a bona fide illness which is proven by medical certificate. If an employee is scheduled to work on a statutory holiday and they are off due to illness, the employer will require a medical certificate to be paid for the holiday.

18.04 An employee who does not report for a scheduled work assignment without reasonable cause on a holiday after having been requested to do so by the Employer shall lose their entitlement to holiday pay.

18.05 Where an employee is eligible to be paid for a paid holiday, the employee shall be paid the average of the employee’s daily earnings, exclusive of overtime and travel time, and inclusive of vacation taken and paid in respect of the immediately proceeding period of four (4) weeks divided by twenty (20). To be clear, there shall be no pyramiding of vacation pay and holiday pay.

18.06 Where an employee qualifies for statutory holiday pay in accordance with the provisions of the Agreement, the employee shall receive credit for seniority on the basis of an average of the service hours worked during the four (4) weeks preceding the holiday.

18.07 When a paid holiday falls during an employee’s vacation, they shall, at the option of the employee, either be paid for the holiday in addition to their scheduled vacation, or, may take an extra day off at time mutually agreeable to the employee and the Employer.

18.08 All Employees will be entitled to one (1) float holiday per year, subject to appropriate notice and the approval of the responsible supervisor. Such holiday cannot be taken to extend any other holiday which falls on a Friday or Monday, nor can it be carried over into the following year. Employee will be entitled to one (1) float holiday per year after one year of continuous service. Full time employees are entitled to one (1) day or a maximum of seven (7) paid hours off.

18.09 If an employee is required to work on any paid holiday, they shall be paid for the holiday (provided they otherwise qualify) and in addition will receive one and one-half (1.5) times their regular hourly rate of pay for all hours worked on the holiday. If one (1) of the above named holidays occurs on an employee’s regular day off or during their vacation period, the employee will receive an additional day off in lieu thereof or a day’s pay. These options will be the right of the employees.

18.10 Should an employee who is not scheduled to work, and who otherwise qualifies for holiday pay, be required to work on a holiday, such an employee shall be paid for the holiday, and on written request, shall be entitled to take an alternative day off with pay. The alternate day shall be taken no more than three (3) months after the paid holiday or if the Employer and the employee agree, no more than twelve (12) months after the public holiday.

18.11 Statutory Holiday Scheduling
In respect of the process for scheduling statutory holidays, the Employer will:

Employees are required to work 50% of all statutory holidays.

Selection Criteria: Requests will be considered based on seniority, skills, continuity of care and demographics

Any and all requests for statutory holidays off work must be submitted at least 10 weeks in advance of the holiday.

Selection Criteria: Requests will be considered based on the number of statutory holidays not worked, seniority, skills, continuity of care and demographics.

If additional employees are required to work on a given statutory holiday, Circle of Care will assign shifts as necessary, from an employee roster based upon reverse seniority by classification.

Recognizing that the Employer operates a continuous operation, if an
employee who is normally scheduled to work on the day of a statutory holiday does not wish to work on that statutory holiday, the employee must request the day off at least ten (10) weeks in advance of the holiday. All such requests will be considered and, if accepted based upon seniority and client needs, will be communicated to the employee at least six weeks prior to the statutory holiday. Seniority employees shall be entitled to time off work on at least five statutory holidays, if requested, within a twelve-month period.

All employees with twenty (20) years of seniority or more will not be required to work on Statutory Holidays. If any employee with more than twenty (20) years of seniority chooses to work any of the holidays and be available for work on Statutory Holidays, they can inform the Employer of their decision.

ARTICLE 19 – VACATION

19.01 All employees shall be entitled to vacation time and vacation pay based on length of continued service calculated as of the 1st day of September each year members will be notified as to their change in entitlement for vacation. An employee who on that date has served with the Employer as shown below shall receive the following vacation benefits:

(a) an employee with one (1) or more years but less than three (3) years shall receive two (2) weeks vacation with vacation pay equal to four percent (4%);

(b) an employee with three (3) or more years but less than eight (8) years shall receive three (3) weeks vacation with vacation pay equal to six percent (6%); and

(c) employees with eight (8) or more years but less than fifteen (15) years shall receive four (4) weeks vacation with vacation pay equal to eight percent (8%);

(d) employees with fifteen (15) or more years but less than twenty-five (25) years shall receive five (5) weeks vacation with vacation pay equal to ten percent (10%);

(e) Employees who achieve twenty-five (25) years of service shall receive a one time vacation bonus week during their twenty-fifth year of service. The vacation bonus week can be taken as paid vacation time off or a special bonus payment, without time off. The employee must notify the Employer in writing if they are requesting the special bonus payment when they submit their vacation request.

19.02 Employees who have less than one (1) year of continuous service with the Employer on the 1st day of September of each year shall receive one (1) day vacation for each full month of service up to ten (10) days vacation and be paid the equivalent of four percent (4%) wages, provided that no employee is entitled to take vacation time until after the completion of six (6) months of continuous employment with the Employer.

19.03 Vacation may be taken at any time during the vacation year (between January 1 and December 31). Vacation shall not be accumulated from year to year and shall not be carried over to the next vacation year. Employees shall be given preference with respect to vacation periods in accordance with seniority, subject to the Employer’s requirements as to sufficient availability of staff to meet the needs of the Employer’s clients.

19.04 An employee shall submit their vacation request in writing to the Employer as far in advance of their vacation as possible but it is agreed that during desired vacation times (Christmas period and July/August) requests shall be submitted no less than eight weeks prior to the intended vacation.

Employees will be notified, in writing, of their approval or denial of their vacation requests no later than three (3) weeks from the cutoff date of receipt of the written request by the employee’s supervisor.

The vacation period shall be from January 1 to December 31 in each year. Insofar as it is practical to do so, having regard to the necessity of maintaining the efficient operation of the Employer, vacation requests will be considered as follows, effective November 1, 2017:
– Request for vacation in the January to March period shall be submitted in writing by November 1st
– Requests for the April to June period shall be submitted in writing by February 1st
– Requests for the July to September period shall be submitted in writing by May 1st.
– Requests for the October to December period shall be submitted in writing by August 1st.

Advance requests will not be considered prior to the cut-off date.

19.05 An employee whose scheduled vacation is interrupted due to serious illness requiring the employee to be admitted to a hospital as an in-patient shall, upon furnishing satisfactory proof of the period of hospitalization, be considered on sick leave and not vacation during the relevant time. However, if an employee has exhausted their sick leave credits, the days of illness shall be without pay. The portion of the employee’s vacation which is deemed to be sick leave will not be counted against the employee’s vacation entitlement in accordance with this Article.

19.06 Home Service Workers may receive their accrued vacation pay if a written request is received four (4) weeks prior to their vacation. The balance of the vacation pay will be paid during the first pay period in September.

ARTICLE 20 – HOURS OF WORK

20.01 The Employer shall use its best efforts to schedule the number of hours requested by an employee in a day or in a week based upon the following factors:

(a) an employee’s stated availability preferences;

(b) the total number of hours of service required by the Employer;

20.02 The Employer shall provide eating periods of at least one-half (1/2) hour at such intervals as will result in no employee working longer than five (5) consecutive hours without an eating break.

20.02 Where there is a change to Daylight Savings from Standard Time or vice versa, an employee shall be paid for their actual hours worked at their straight time hourly rate.

20.04 30-Hour and 15-Hour Guaranteed Regular Work Week Program
The 30-hour Guaranteed Regular Work Week program will ensure that you will receive at least 30 hours every week subject to the terms described below. You will be paid for no less than 60 hours over a two (2) week pay period.

The 15-hour Guaranteed Regular Work Week program will ensure that you will receive at least 15 hours every week subject to the terms described below. You will be paid for no less than 30 hours over a two (2) week pay period.

1. Stated Availability:

(a) In order to qualify for the 30-hour Guaranteed Regular Work Week program, you are required to be available for no less than 40 hours every week.

(b) In order to qualify for the 15-hour Guaranteed Regular Work Week program, you are required to be available for no less than 24 hours every week.

2. Work Assignments:
In order to qualify for the Guaranteed Regular Work Week, you will be required to:
• Accept assignments during your stated availability.
• Travel within your regular geographic area.

3. Suitable Alternative Work:
Should sufficient work not be available in your area, you may be required, within reason, to work outside of your regular geographic area, and/or perform suitable alternative work as assigned by the Care Coordinator and paid in accordance with your full-time guarantee.

4. Losing the Guaranteed Regular Work Week Status:
In the event of “Non-Availability” during a two-week pay period, the guaranteed status will automatically be cancelled for the pay period.

Non-Availability is defined as:
• Refusing to work during your stated availability.
• Failing to report to work assignments.
• Absence due to an unapproved leave in excess of one (1) month (4 weeks).
• Unable to be contacted to received assignment

5. Inability to perform regular duties and/or hours:
In the event of a work-related or non-work-related injury or illness, resulting in your inability to perform regular duties and/or hours, your guaranteed status will be temporarily cancelled until such time as you are able to return to regular hours and duties.
6. Cancellation of the Guaranteed Regular Work Week Program:
Three (3) unapproved “Non-availabilities” for work in a twelve (12) month period may result in a permanent loss of the guarantee, subject to review by the Manager, as per the terms of the Collective Agreement, Article 10.06.

The intent of this program is not to cap the hours. All hours of work will be scheduled as per Article 20.

20.05 The Employer will endeavour to replace clients that were removed as soon as possible in accordance with seniority.

20.06 The employer will endeavour to schedule clients within the employees working area.

20.07 New hires (hired after April 1, 2017) will be required to be available to work every other weekend.

a) Weekend Time Slots (Saturday and Sunday)
i) Regular (7 am to 3 pm)
ii) Afternoon/Evenings (3 pm to 11 pm)
iii) Overnights (11 pm to 7 am)
Employee must provide a minimum of eight (8) hours of availability over two

(2) weekend days, every other weekend. Failure to provide such availability will result in a breech of employment contract and may result in disciplinary action.

20.08 Overtime
Overtime at the rate of one and one-half (1.5) times an employee’s equivalent hourly rate will be paid for all assignments exceeding forty-four (44) hours in a week. There shall be no pyramiding of overtime payments. Time off work due to holidays which are paid in accordance with Article 18 will be considered as time worked for the purposes of calculating overtime.

20.09 Employees who report for any scheduled work assignments will be guaranteed the number of hours specified in the assignment except when such work is not available due to conditions beyond the control of the Employer. For example, power failures, weather conditions or transit disruptions, etc.

20.10 Not Seen Not Found
In the event an employee’s assignment is cancelled after their arrival at a client’s residence due to an error on the part of the employer, client absence, or client refusal to see the worker, the Employer will compensate the worker as follows:

(a) For a scheduled visit that is three (3) hours or less, the worker will be compensated for the visit in full (100% paid visit)

(b) For a scheduled visit that is from three (3) hours to six (6) hours, the worker will be compensated for three (3) hours

(c) For a scheduled visit that is more than six (6) hours, the worker will be compensated at 50% of the visit, up to a maximum of four (4) hours

Scenario A – the worker is scheduled for an eight (8) hours visit, they get compensated for four (4) hours.

In all cases, the Employer will endeavor to replace any loss of hours within two (2) weeks of the not seen, not found (NSNF) visit.

20.11 If an employee completes their assigned duties, they will be compensated for the duration of their scheduled visit given office approval.

ARTICLE 21 – SICK LEAVE

21.01 Each full time worker will be entitled to 51 hours of sick leave per calendar year not to exceed an accumulation of 200 hours earned sick time at any time, which can be used in the case of illness or injury (except illness or injury for which Workers Compensation is or could be received) as time off with pay.

21.02 After an employee has exhausted their sick leave credits any excess days of illness or injury for which an employee is unable to work shall be without pay. When an employee’s sick leave credits have been exhausted, an employee with the guidance of the Employer may apply for E.I. benefits. When an employee’s sick leave credits and E.I. have been exhausted, at the request of the employee, and subject to the approval of the Program Supervisor, annual vacation may be substituted for unpaid sick days.

21.03 An employee who is scheduled to work and is unable to do so due to illness or injury, shall notify the Employer at least three (3) hours before the first scheduled visit of the workday.

ARTICLE 22 – REIMBURSEMENT FOR TRAVEL

22.01 Where an employee performs two (2) or more assignments in one day and the employee requires public transportation to travel between the assignments (one or more TTC bus or subway stop, referred to herein as a “Commute”), the employee shall be reimbursed on a monthly basis by the Employer as per the minimum TTC rate schedule for a cash fare for each Commute up to the equivalent of sixty-five percent (65%) of the costs of a monthly TTC pass payable in arrears regardless of whether the worker uses public transportation or their own car. If an employee is hired to work in York region the reimbursement will be based on the TTC rates for transit.

Travel Between Regions
If the travel distance between clients is one (1) kilometre or more from one client to another client in a different region, the employee will be compensated for travel for both regions.

22.02 Cab Fare
Cab fare will be reimbursed when the home service worker travels from the nearest T.T.C. stop to the client’s residence, if time distance and/or weather conditions warrant, subject to supervisory approval. A receipt is mandatory.

ARTICLE 23 – BENEFITS

23.01 Health and Welfare Benefits
In 2006, SEIU Local 1 joined with SEIU Local 2 to establish the SEIU Locals 1 & 2 Benefit Trust Fund, a multi-employer trust fund to provide Health and Welfare Benefits for SEIU members. The SEIU Locals 1 & 2 Benefit Trust Fund (hereinafter referred to as the “Trust”) is administered by Global Benefits (hereinafter referred to as the “Administrator”), 88 St. Regis Crescent South, Toronto, Ontario M3J 1Y8.

23.02 Eligibility
(a) Current full-time employees (as of January 1, 2022) shall be eligible for the Health and Welfare Benefits if they completed 1300 hours of work in the prior calendar year.

(b) As a one-time occurrence, current employees (as of January 1, 2022) that do not qualify for benefits under Article 23.02 (a) will become eligible for the Health and Welfare Benefits if they complete 650 hours of work within the first six (6) months of the calendar year 2022. For the sake of clarity, provided the employee has completed 650 hours of work in the first six (6) months and is working on average of twenty-five (25) hours per week, the employee does not have to wait until the end of the six (6) month period to be eligible for benefits.

(c) New employees (hired after January 1, 2022) will become eligible for the Health and Welfare Benefits if they complete 650 hours of work within their first six (6) months of employment. For the sake of clarity, provided the employee has completed 650 hours of work in their first six (6) months of employment, and is working on average of twenty-five (25) hours per week, the employee does not have to wait until the end of the six (6) month period to be eligible for benefits.

(d) To maintain their eligibility for the Health and Welfare Benefits, employees must maintain their full-time status in accordance with Article 3.03 (a).

(e) Employees that do not qualify for the Health and Welfare Benefits can gain or regain their eligibility for the Health and Welfare Benefits by completing 1300 hours of work within a calendar year. For the sake of clarity, provided the employee completes 1300 hours of work in the calendar year, the employee does not have to wait until the end of the calendar year in order to be eligible for benefits.

(f) Participation in the group benefits plan is mandatory for full-time employees.

23.03 Leaves of Absence and Layoff
Enrollment and Employer remittances will be maintained where required under statute and in accordance with any statutory terms.

If permitted by the Trust/Administrator, a full-time employee who is not otherwise eligible to continue Health and Welfare Benefit for the calendar year and who is on a non-statutory leave of absence (i.e., a nonESA-leave or a leave relating to a workplace injury under the Workplace Safety and Insurance Act), or temporary layoff may remain enrolled in the Trust and be eligible for the Health and Welfare Benefits for the calendar month during which the layoff occurs or leave commences and the month following, provided the employee prepays the employee’s payments in Article 23.04 below.

Thereafter and for the balance of the period of approved non-statutory leave or recall period in respect of a layoff, and if permitted by the Trust/Administrator, such employee may remain enrolled in the Trust and be eligible for the Health and Welfare Benefits, provided the employee pre-pays the total payment (i.e., the employee deduction and Employer remittance) as required to be under Article 23.04 on terms to 30 be agreed with the Administrator.

An employee on pregnancy or parental leave that wishes to continue their benefit coverage shall make arrangements with the Trust/Administrator to pay the employee share of the benefit premiums while on leave in order for benefit coverage to continue. Otherwise, the employee can notify the Employer and the Trust/Administrator in writing that the employee will not continue to pay their own share of the premiums. In this case, the Employer is not required to submit remittances on behalf of the employee.

23.04 Remittances and Reports

(a) The Employer shall remit $26.50 plus 8% Retail Sales Tax each pay period to the Trust for each eligible employee. In addition, the Employer agrees to make deductions from each eligible employee on each pay period an amount as directed by the Union. Forty-five (45) days’ notice of any change in such amount sill be provided by the Union to the Employer. Remittances and deductions are to be made using the Administrator’s website portal.

(b) The Employer shall pay these amounts to the Trust no later than fifteen (15) days following the last pay period of each month.

(c) Subject to any statutory restrictions, the Employer agrees to obtain from the Employee and provide remittance reports, which will include the following information:

• Employee name
• Hourly rate
• Employee Social Insurance Number
• Number of hours worked
• The amount of each employee’s gross wages
• Specifics regarding employee deductions (if applicable)

(d) The Employer shall forward completed enrolment forms to the Plan Administrator with the monthly remittance reports.

23.05 Late Payment Penalty
It is agreed that the Trust shall be empowered to charge interest at the rate of one percent (1%) per month on the failure of the Company to make payment within sixty (60) days of the due date to the benefit fund as required by this Agreement.

23.06 Dispute
Any dispute as to entitlement to the Health and Welfare Benefits is between the employee and the Trust/Administrator.

The Employer’s obligation in relation to the Health and Welfare benefits is limited to the collection and payment of remittances and deductions on behalf of eligible employees and the submission of remittance reports and enrollments.

23.07 Changes to Employee Status
The Employer will notify the Trust of any changes to employee status, such as from full-time to part-time and vice versa. Notice will also be provided within three (3) working days when an employee is terminated, resigns or otherwise ceases to be an employee of the Employer.

23.08 Trust Fund Information/Forms for Employees
Contact information for the Administrator and copies of the Trust forms will be posted in a location accessible to all employees.

23.09 Funeral Supplement
In the event of the death of an active Employee, a $1,000 funeral supplement shall be paid to the beneficiary assigned by the Employee. It is the responsibility of the Employee to designate a beneficiary for this benefit to be paid.

The employer will provide a form for new hires at time of orientation for that Employee to designate a beneficiary for the Funeral Supplement. The employer will send out a form for all current employees by mail to be filled out by that Employee to designate a beneficiary for the Funeral Supplement.

ARTICLE 24 – GROUP RRSP MATCHING PLAN

24.01 The Employer shall take the necessary steps to establish a Group RRSP Plan for full-time and part-time bargaining unit employees. Enrolment in the Group RRSP is voluntary. However, employees are not eligible to enroll in the Group RRSP Plan until they have acquired twelve (12) months seniority as of December 31st, in the contribution year. The Group RRSP Plan will provide for an Employer matching contribution of up to three hundred dollars ($300) per year for full-time employees and one hundred and fifty dollars ($150.00) for part-time. Employees may contribute to the Group RRSP Plan in amounts greater than the one hundred and fifty dollars ($150.00) or three hundred dollars ($300) annually, at their discretion and as permitted by law.

Note: Incremental changes will take place on the Pay Day following the pay in which the qualifying date of each Level change.

The Employer shall pay all employees a shift premium of $0.50 per hour for all hours worked between 6pm and 7am on weekdays, and for all hours worked on a Saturday or Sunday.