COLLECTIVE AGREEMENT
BETWEEN:
VON CANADA, ONTARIO BRANCH, PEEL SITE
(the “EMPLOYER”)
-and-
ONTARIO FEDERATION OF HEALTH CARE WORKERS
(the “UNION”)
April 1, 2012 – March 31, 2015
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of Health
Care Workers
Expiry : 31 March, 2009
2
Table of Contents
Article 1 – Purpose
Article 2 – Recognition
Article 3 – Management Functions
Article 4 – Definition
Article 5 – No Discrimination
Article 6 – No Strike, No Lock out
Article 7 – Relationship – Union Security
Article 8 – Representatives and Committees
Article 9 – Orientation and Education Program
Article 10 – Grievance Procedure and Arbitration
Article 11 – Seniority
Article 12 – Job Postings
Article 13 – Layoff and Recall
Article 14 – Leave of Absence
Article 15 – Hours of Work and Scheduling
Article 16 – Premium Pay
Article 17 – Designated Holidays
Article 18 – Vacations
Article 19 – Nurse Files
Article 20 – Car/Mileage Allowance
Article 21 – Benefit Plans
Article 22 – Sick Leave
Article 23 – Wages
Article 24 – Miscellaneous
Article 25 – Termination and Renewal
Appendix “A” – Wages
Letter of Understanding “Shift Nursing”
Letter of Understanding “RPN Work Assignments”
Letter of Understanding “Pay Per Visit”
Letter of Understanding “Benefits”
3
3
3
3
4
4
4
5
6
6
8
10
11
12
15
16
18
18
21
21
22
23
24
24
26
27
28
31
32
33
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
3
ARTICLE 1 - PURPOSE
1.01
The general purpose of this Agreement is to establish mutually satisfactory employment
relations between the Employer, the Union and the Registered Practical Nurse (nurse)
concerned, to provide a means for the prompt settlement of disputes and to establish and
maintain mutually acceptable working conditions. It is recognized that the RPN’s wish to
work co-operatively with the Employer to provide the best possible community health
service.
ARTICLE 2 - RECOGNITION
2.01
The Employer recognizes the Ontario Federation of Health Care Workers as the exclusive
bargaining agent for all Registered and Graduate Practical Nurses employed in a nursing
capacity by VON Canada, Ontario Branch, Peel Site, save and except supervisors, persons
above the rank of supervisor, office and clerical staff.
ARTICLE 3 - MANAGEMENT FUNCTIONS
3.01
The Union recognizes that the Employer has retained and shall possess and exercise all
rights, functions, powers, privileges and authority that it possessed prior to the execution of
this Collective Agreement except those that are expressly and specifically relinquished or
restricted in this Collective Agreement.
3.02
The Employer retains the sole right to make, enforce and alter from time to time reasonable
rules and regulations to be observed by the Nurses, provided that such rules and regulations
shall not be inconsistent with the provisions of this Collective Agreement.
3.03
The Employer shall not exercise its management rights in such a way as to be in violation of
a specific provision of this Collective Agreement
ARTICLE 4 - DEFINITIONS
4.01
The following definitions shall be applied to this Agreement:
(a) “Union” means the Ontario Federation of Health Care Workers (OFHCW)
(b) “Employer” means the VON VON Canada, Ontario Branch, Peel Site.
(c) A full-time nurse is a nurse who is regularly scheduled to work the normal full-time
hours in this Collective Agreement.
(d) A part-time nurse is a nurse regularly scheduled to work less than the normal full-time
hours in this Collective Agreement.
(e) A casual relief nurse is one who is employed on a relief basis as and when required
by
the Employer.
(f) The terms Registered Practical Nurse, RPN and Nurse when used throughout this
Agreement shall mean persons employed by the Employer and covered by this
Agreement who are:
i. Registered Practical Nurses (RPN) registered by the College of Nurses of
Ontario in accordance with the Regulated Health Professions Act.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
4
ii. Graduate Practical Nurses with incomplete certification who are graduates of a
program acceptable to the College of Nurses or are completing registration
requirements. Registration must be completed within twelve months following the
date of hire. Where the graduate fails to complete such registration requirements,
she will be terminated and such termination shall not be subject of a grievance or
arbitration procedure.
ARTICLE 5 - NO DISCRIMINATION
5.01
The Employer and the Union agree that there will be no discrimination, interference,
intimidation, restriction or coercion exercised or practiced by any of their representatives with
respect to any Nurse because of her membership or non-membership in the Union or by
reason of exercising her rights under the Agreement.
5.02
The Union agrees that there will be no Union activity, solicitation for membership, or
collection of Union dues on Employer premises or during working hours except as
specifically provided for in this Agreement.
5.03
It is agreed that there will be no discrimination by either party or by any of the Nurses
covered by this Agreement on the basis of race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or
handicap as defined in the Human Rights Code.
5.04
The parties agree that sexual harassment by any person employed by the Employer will not
be tolerated in the workplace. Sexual harassment shall have the same meaning as under the
Human Rights Code.
ARTICLE 6 - NO STRIKE, NO LOCKOUT
6.01
The Union agrees that there will be no strikes and the Employer agrees that there will be no
lockouts so long as this Agreement continues to operate. The terms "strike" and "lockout"
shall bear the meaning in the Ontario Labour Relations Act.
ARTICLE 7-- RELATIONSHIP - UNION SECURITY
7.01
The Employer will deduct from the total monthly pay due to each Nurse a sum equal to the
regular monthly Union dues designated by the Union.
7.02
In the case of newly employed nurses, such deductions shall commence in the month
following their date of hire. There shall be no deduction from a part-time or casual Nurse in a
month in which the nurse does not work.
7.03
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 in writing at least one (1) month prior
to the effective date of such change and such notification shall be the Employer's conclusive
authority to make the deduction specified.
7.04
In consideration of the deduction and forwarding of Union dues by the Employer, the Union
agrees to indemnify and save harmless the Employer against any claims for liabilities arising
or resulting from the operation of this Article.
7.05
The amounts deducted under this Article shall be remitted by the 15th of each month to the
Union’s Provincial office. In remitting such dues, the Employer shall provide a list of Nurses
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
5
from whom deductions were made, including their social insurance numbers, phone
numbers and addresses. The Employer shall notify the Union in writing (with a copy to the
Certified Bargaining Unit) on a monthly basis of all new hires, discharges, layoffs and recalls.
7.06
The Employer agrees that an officer of the Union or a nurse representative shall be allowed
a reasonable period of time during the probationary period, not to exceed fifteen (15)
minutes, during regular working hours to acquaint newly employed nurses with the Union
during their orientation period. During such session, membership forms and a copy of the
Collective Agreement will be provided to the Nurse. Orientation sessions shall be scheduled
in advance by the Employer and may be arranged collectively or individually.
7.07
A copy of this Collective Agreement shall be issued by the Employer to each Nurse in the
employ of the Employer and to each Nurse employed during the term of this Agreement and
thereafter. The cost of printing the Collective Agreement in a mutually agreeable manner and
form will be shared equally by the Employer and the Union. The Union reserves the right to
the distribution of the Collective Agreement to its members.
7.08
a) Prior to imposing an oral or written reprimand, suspension or discharge on a
nurse, the employer will advise the nurse that she may have a Steward present
if she so desires. The onus will be on the nurse to notify the Union.
b) The employer will advise the Union Representative before discharging a
bargaining unit member.
ARTICLE 8 - REPRESENTATIVES AND COMMITTEES
8.01
The Employer will recognize a Union-Management Committee consisting of two (2) nurses,
elected or appointed by the Union and two (2) Employer representatives. Meetings shall be
held at the request of either party. Terms of reference will be mutually established by the
Committee. The parties agree that the purpose of the Union-Management Committee
includes but shall not be limited to:
i. Promoting and providing effective and meaningful communication of information
and ideas; making joint recommendations of matters of concern including the
quality
and quantity of nursing care;
ii. Dealing with issues of RPN skill utilization;
iii. Discussing and reviewing matters relating to orientation and education programs
8.02
a) The Employer will recognize a Negotiating Committee composed of two (2) nurses for
the purpose of meeting with the Employer to negotiate renewal agreements.
b) Nurses serving on this committee shall receive time off as required to attend
negotiating meetings. Time for preparation for negotiations shall be without pay and
the Union shall advise the Employer as far in advance as possible of the dates of
these meetings. Such days shall not be counted as Union leave days.
8.03
The Employer will recognize a Grievance Committee of two (2) nurses whose function will be
to dispose of any grievance brought before it under Article 10 of this Collective Agreement. It
is understood that the Employer shall pay these two (2) nurses and the grievor, at their
regular straight time hourly rate of pay, for time spent at grievance meetings up to but not
including arbitration hearings.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
6
8.04
The Employer will accept as a member of its Occupational Health and Safety Committee one
(1) Nurse appointed by the Union.
8.05
The Employer shall be required to pay nurses on the Negotiating Committee, up to but not
including conciliation.
8.06
The Union shall keep the Employer notified in writing of the names of the nurse
representatives, committee members and officers of the Local Union appointed or elected
under this Article as well as the effective dates of their respective appointments.
8.07
All references to Nurse representatives, Committee members and Officers in this Collective
Agreement shall be deemed to mean Nurse representatives, Committee members or
Officers of the Local Union employed by the Employer unless otherwise indicated.
ARTICLE 9 - ORIENTATION AND EDUCATION PROGRAM
9.01
The Employer recognizes the need for an Employer Orientation Program of such duration as
it may deem appropriate taking into consideration the needs of the Employer and the nurses
involved.
9.02
Nurses recalled from layoff under Article 13, and nurses whose probationary period has
been extended may be provided any orientation determined necessary by the Employer. A
request by such an Nurse for orientation shall not be unreasonably withheld.
9.03
Both the Employer and the Union recognize the joint responsibility and commitment to
provide and participate in educational programs. The Union supports the principle of its
members’ responsibility for their own professional development and the Employer shall
attempt where practical to provide nurses with opportunities to attend such programs during
regularly scheduled working hours.
9.04
Where courses are required as a condition of employment, the Employer shall cover the cost
of the fees of such courses, as are approved by the Employer.
9.05
When an Nurse is on duty and authorized to attend any educational programs within
EMPLOYER and during her regularly scheduled working hours, she shall suffer no loss of
regular pay.
9.06
Nurses may be required, as part of their regular duties, to supervise the activities of students
and will be informed of their responsibilities in relation to these students.
9.07
The Employer agrees to discuss the effect of technological change on the employment
status of the Nurses and to consider practical ways and means of minimizing the adverse
effect, if any, on the Nurses concerned.
ARTICLE 10 - GRIEVANCE PROCEDURE AND ARBITRATION
10.01
The Employer and the Union agree that it is important to adjust complaints and grievances
as quickly as possible. It is understood that a nurse has no grievance until she has first
discussed her complaint with her immediate supervisor and the matter has not been
resolved within five (5) days of the request to meet. In computing the days for taking any
action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
10.02
A formal grievance is defined as an alleged difference over the interpretation, application,
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
7
administration or alleged violation of this Collective Agreement including any question as to
whether a matter is arbitrable. All grievances shall be in writing and contain a statement of
facts giving rise to the grievance, the redress sought, an indication of the article(s) of this
Collective Agreement and must be filed within ten (10) days of the circumstances giving rise
to the grievance.
10.03
The following shall be the procedure for handling and processing grievances submitted by
the Nurse.
Step #1
The Nurse may submit a grievance in writing to her immediate supervisor who shall give
her decision in writing within five (5) days of receipt of the grievance.
Step # 2
If the grievance is not satisfactorily resolved at Step #1, the Nurse may submit the written
grievance to the Nursing Manager within five (5) days following the decision in Step #1.
The Nursing Manager shall give her decision in writing within ten (10) days of receipt of
the grievance.
Step#3
If the grievance is not satisfactorily resolved in Step #2, the employee may submit the
written grievance to the Executive Director or her designate within five (5) days following
the decision in Step #2. A meeting will be held between the Employer and the grievance
committee within ten (10) days of the referral. It is agreed that a staff representative of
the Union may be present at the meeting and that the Employer may have such counsel
and assistance as it may desire at the meeting. The Employer’s written decision will be
delivered within five (5) days of the meeting.
10.04
Discharge Grievance
A claim by an Nurse who has completed the probationary period that the Nurse has been
discharged or suspended without cause shall be treated as a grievance if a written statement
of such grievance is lodged by the Nurse with the Employer at Step #2 within seven calendar
days after the date the discharge or suspension is imposed. The parties recognize that the
discharge or discipline of an Nurse during their probationary period shall be subject to a
lesser standard of review than that for a seniority-rated nurse, given the purpose of a
probationary period.
10.05
Group Grievance
Where a number of nurses have identical grievances and each nurse would be entitled to grieve
separately they may present a group grievance in writing, signed by each nurse who
is grieving, to management within twenty-one days after the circumstances giving rise to the
grievance have occurred. 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 processing of
such grievance.
10.06
Policy Grievance
A grievance arising between the Employer and Union concerning the interpretation,
application, administration or alleged violation of this Collective Agreement may be
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
8
submitted in writing at Step #2 within ten (10) days following the circumstances giving rise to
the grievance. It is expressly understood, however, that the provisions of this Article may not
be used with respect to a grievance directly affecting a nurse or nurses which such nurse(s)
could have herself instituted and the regular grievance procedure shall not be thereby
bypassed.
10.07
Arbitration
Failing settlement of the grievance under the foregoing procedure, such grievance may be
submitted to arbitration. If no written request for arbitration is received within twelve (12)
days after the decision under Step #2 is given, the grievance shall be deemed to have been
abandoned. Where such a request is postmarked within ten (10) days after the decision
under Step #2, it will be deemed to have been received within the time limits.
The party referring the matter to arbitration shall name a nominee at the same time.
The recipient of this notice shall within ten (10) days, inform the other party of the name of its
nominee to the arbitration board. The two nominees so selected shall, within fourteen (14)
days of nomination of the second of them, select a mutually acceptable third person who
shall be chairperson. If one of them fails to nominate its nominee, or the two nominees fail to
agree upon a chairperson within the time limits, the appointment shall be made by the
Minister of Labour for Ontario upon request of either party
10.08
No matter may be submitted to arbitration, which has not been properly carried through all
requisite steps of the grievance and arbitration procedure.
10.09
Each party shall pay its own expenses including those for its nominee and witnesses and the
fees and expenses of the chairperson shall be borne equally by the parties.
10.10
The Arbitration Board shall not be empowered to alter, modify, add to or amend any part of
this Agreement, or to make any decision which is inconsistent with the provisions of this
Agreement.
10.11
No person may be appointed as an Arbitrator who has been involved in an attempt to
negotiate or settle a grievance.
10.12
The time limits and procedures set out in the Grievance and Arbitration provisions herein are
mandatory and failure to comply with such time limits and/or procedures except by the
written agreement of the parties shall result in the grievance being deemed to have been
abandoned.
10.13
An arbitration board may relieve against time limits where the Union can show that there are
reasonable grounds for the delay.
10.14
Whenever arbitration board is referred to in this Collective Agreement, the parties may
mutually agree in writing to substitute a single arbitrator for the arbitration board at the time
of reference to arbitration and the other provisions referring to arbitration board shall
appropriately apply.
ARTICLE 11 - SENIORITY
11.01
Seniority for full-time nurses shall be defined as length of continuous service with the
Employer since date of last hire. Seniority for part-time nurses shall be based on hours
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
9
worked accumulated since the date of last hire. It is recognized that seventeen hundred and
twenty-five (1725) hours worked equals one (1) year of full-time service.
11.02
The probationary period for newly hired full-time nurses shall be three (3) months or four
hundred and fifty (450) hours worked from date of last hire. For part-time and casual nurses,
it shall be the later of four (4) months or six hundred (600) hours worked. The probationary
period may extend by mutual agreement of the parties.
11.03
a) There shall be separate seniority lists for full-time and part-time nurses who have
completed their probationary period. A copy of the seniority lists shall be filed with the
Chief Steward of the Certified Bargaining Unit and posted in January and July of each
year. In the event of a proposed layoff, the Employer will supply the Chief Steward of
the Central Bargaining Unit and the Union with a current seniority list.
b) The hours worked by casual nurses will he recorded and accumulated for the purpose
of wage increments, vacation entitlement and job postings.
11.04
A nurse’s full seniority shall be retained in the event that she is transferred from full-time to
part-time or vice versa or in the event that she is transferred from casual to regular part-time
or vice versa. A nurse whose status is changed from full-time to part-time shall receive credit
for her full seniority on the basis of 1725 hours worked for each year of full-time seniority. A
nurse whose status is changed from part-time to full-time shall receive credit for her full
seniority on the basis of one year of seniority for each 1725 hours worked. Any time worked
in excess of an equivalent shall be pro-rated at the time of transfer.
11.05
a) Seniority shall be retained and accumulated when an Nurse is absent from work under
the following circumstances:
i)
on an approved leave of absence with pay;
ii) on an approved leave of absence without pay for a period of 30 days or less;
iii) in receipt of paid sick leave
iv) in receipt of WSIB benefits for any injury sustained while in the employ of the
VON Canada, Ontario Branch, Peel Site;
v) on pregnancy or paternal leave.
b) Seniority shall be retained but not accumulated when a nurse is absent from work
under the following circumstances:
i)
on an approved leave of absence without pay for a period of 30 consecutive days
or more;
ii) on unpaid sick leave;
iii) when on layoff of up to 24 months;
iv) in receipt of WSIB benefits under circumstances other than those mentioned in
11.05(a) (iv).
c)
A nurse shall lose all service and seniority and shall be deemed to be terminated if she:
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
10
i)
resigns or retires;
ii) is discharged and not reinstated under the grievance and/or arbitration
procedure;
iii)
fails to report for duty as scheduled unless there is a reasonable explanation
given to the Employer within three (3) days of her failure to report;
iv) fails to report for work as scheduled at the end of a leave of absence, vacation or
suspension unless there is a reasonable explanation given to the Employer
or utilizes a leave of absence for purposes other than that for which the
leave was granted;
v) fails, upon being notified of a recall, to signify her intention to return to work
within five (5) days after she has received her notice of recall mailed by
registered mail to her last known address according to the records of the
Employer and fails to report to work at such time as has been mutually
agreed upon by the parties unless there is a reasonable explanation given to
the Employer;
vi) laid off for more than 24 months;
vii) refuses to continue to work or return to work during an emergency which
seriously affects the Employers’ ability to provide adequate client care,
unless there is a reasonable explanation given to the Employer;
viii) has not worked for the Employer or provided availability for a period in excess of
four (4) months.
d) The Employer may permanently fill the position of an Nurse who is in receipt of WSIB
or on LTD in excess of twenty- four (24) months. In order to enable a Nurse to return
to work following a long-term illness or disability, job posting requirements may be
waived when the appropriate vacancy arises.
11.06
Position Outside the Bargaining Unit
Any nurse presently in the bargaining unit who elects to transfer to a position outside of the
bargaining unit, but remains in the employ of EMPLOYER, may be rehired into the
bargaining unit after the Employer has complied with the job posting and recall provisions. In
such event, the returning nurse shall be credited with the seniority which she held
immediately prior to transferring out of the bargaining unit for purposes of job opportunity,
lay-off and others non-monetary benefits and provisions. She shall retain her last date of hire
with the Employer for the calculation of salary and any monetary benefits.
ARTICLE 12 – JOB POSTINGS
12.01
When known at the time of posting, postings shall include hours of work, conditions and
anticipated available hours.
a) Where a permanent vacancy (including a new position) occurs in a classification in
the bargaining unit, the Employer will post a notice of such vacancy for seven (7)
calendar days and provided notice of such vacancies using the Employer’s email
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
11
system. Nurses shall submit written applications for the vacancy within the period
indicated on the notice.
b) Nurses shall be selected for posted positions on the basis of their skill, ability,
experience, qualifications, training and education established by the Employer.
Where these factors are relatively equal the most senior applicant shall be given
preference. A Nurse selected as a result of a job posting need not be considered for
a further vacancy for a period of six (6) months.
12.02
c)
Nurses are hired to work anywhere within the geographic area serviced by the
Branch. Notwithstanding this, the Employer will make every effort to assign nurses
to work in a primary area in which the Nurse is normally assigned
d)
Should there be no suitable applicants from within the bargaining unit, the Employer
may hire a nurse from outside the bargaining unit.
Where a temporary full time vacancy is expected to exceed one hundred and twenty (120)
calendar days in duration, the Employer will post a notice of such vacancy in accordance
with 12.01(a). Nurses from within the bargaining unit shall be given the first opportunity to fill
temporary full- time vacancies provided that they are qualified to perform the work in
question, in accordance with 12.01 b). The Employer will outline the conditions and duration
of such vacancies. Such temporary vacancy shall not exceed the time required to complete
the specific circumstances which gave rise to temporary vacancy unless the time period is
extended by mutual consent.
ARTICLE 13 - LAYOFF AND RECALL
13.01
(a)
A layoff shall be defined as a reduction of the number of employees in the
bargaining
unit. It is understood that reductions in normal hours of work due to fluctuations in
business volumes shall not be considered to be a layoff. In the event of a reduction
in the normal hours of work, part-time employees will have their scheduled hours
reduced prior to reducing the scheduled hours of work of full-time employees.
(b) Where the Employer intends to conduct a bargaining unit-wide layoff; it shall lay off
nurses in inverse order of seniority provided that the nurses who are entitled to
remain are qualified to perform the available work on the basis of their skill, ability,
experience, qualifications, training and education established by the Employer.
Observing the above-mentioned conditions, a senior nurse designated for layoff may
bump any Nurse with less seniority provided she has the requisite skills. If a full-time
or part-time nurse is laid off, she shall have the option of transferring to part-time or
casual status.
(c) In the event of a layoff within a specific area, the affected nurse(s) in that area shall
be laid off in the reverse order of seniority provided that the nurses who are entitled
to remain on the basis of seniority are qualified to perform the work available.
The affected nurse may accept the layoff, or accept another assignment in another
area (if available), or displace the least senior nurse in the area of the nurse’s
choosing, whose work she is qualified to perform, provided that the remaining
nurses in that area are qualified to perform the work available.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
12
Nurses utilizing the bumping process shall be entitled to displace a junior nurse.
Part-time nurses may only displace another part-time nurse nut a full-time nurse may
displace another full-time nurse or a part-time nurse.
(d) If a full time nurse is laid off, she shall have the option of transferring to part-time or
casual status.
(e) In the event of a proposed lay-off of a permanent or long term nature of full-time
nurses the Employer will, whenever possible, provide the Union with thirty (30) days
notice and will meet with the union to review the reasons causing the layoff.
(f)
Nurses who have been laid off will be required to return to work within seven (7)
days of receiving a notice of recall. Notice of recall will be by Registered Mail. The
seven (7) day period may be extended to fourteen (14) days if the nurse has
obtained an alternate job and must give (2) weeks notice to the other Employer.
13.02
For purposes of Article 11.05 c) iv) and 13.01 e), if a nurse on layoff advises the Employer in
writing that she will be away from home for a specified period of time at a particular location,
the Employer shall notify the nurse in writing of any recall at the alternative location.
13.03
The Employer will not lay-off full-time nurses solely for the purpose of transferring the work
of full-time to part-time nurses.
ARTICLE 14 – LEAVES OF ABSENCES
14.01
14.02
Written requests for personal leave of absence without pay for educational or personal
reasons will be considered on an individual basis by the Executive Director or her designate.
Such requests are to be submitted as far in advance as possible with a minimum notice of
four (4) weeks except in cases of emergency or if the Employer determines that service
needs and staffing requirements can accommodate a leave on shorter notice. A written reply
will be given as soon as possible. Such leave shall not be unreasonably withheld. Except in
unusual circumstances, a leave of absence other than for educational reasons will not be
granted until one year's continuous service has been completed.
Union Leave
(a) Subject to service needs and staffing requirements, leave of absence without pay to
attend Union business may be granted to nurses based on the following conditions:
(i) Requests for such leave-shall be made in writing by the Union to the Employer
giving as much notice as possible, with a minimum of ten (l 0) working days
advance notice. The Employer shall indicate in writing whether or not the request
has been approved.
(ii) Not more than two (2) nurses at any one time shall be allowed such leave.
(iii) Such leave shall not exceed more than twenty-five (25) cumulative days per
fiscal year.
(iv) Where such leave has been granted under subsection (i), the Employer shall
maintain the nurse’s salary and benefits. The local Union agrees to reimburse
the Employer in the amount of the daily rate of the nurse plus an amount for any
applicable subsidized benefits. The Employer will bill the local Union within a
reasonable period of time.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
13
14.03
Union Leave – Executive Board
A nurse who is elected to the Board of Directors of the Union shall be granted leave of
absence without pay to attend Board meetings, upon application in writing with a minimum of
seven (7) working days advance notice. Leave of absence under this provision shall be in
addition to the leave provided in Article 14.02 above. During such leave, the salary and
applicable benefits shall be maintained by the Employer and the Union agrees to reimburse
the Employer in the amount of the full cost of such salary and applicable benefits. Seniority
shall continue to accumulate during such leave.
14.04
Bereavement Leave
a)
Following the death of the nurse’s brother, sister, spouse, child, mother, father,
same sex partner, she shall be granted up to five (5) days off work. The nurse shall
receive her regular pay for each scheduled day of work missed to a maximum of five
(5) days within the period which extends from the date of the death up to and
including the day following the funeral, or five (5) calendar days following the death,
whichever is greater.
b)
Following the death of the nurse’s grandparent, grandchild, son-in-law, daughter-inlaw, mother-in-law, father-in-law, brother-in-law, sister-in-law, stepparent, stepchild,
legal guardian, fiancée, she shall be granted up to three (3) days off work. The nurse
shall receive her regular pay for each scheduled day of work missed to a maximum
of three (3) days within the period which extends from the date of the death up to
and including the day following the funeral, or three (3) calendar days following the
death, whichever is greater.
c) A nurse shall be granted one (1) day unpaid leave to attend the funeral of her aunt,
uncle, niece or nephew.
d)
14.05
Where extensive travel is required or in exceptional circumstances, additional unpaid
bereavement leave of up to two (2) days may be granted at the discretion of the
Executive Director or her designate.
Jury and Witness Duty
If an Nurse is require to serve as a juror in any court of law, or is required to attend as a
witness in a court proceeding in which the Crown is a party, or is required by subpoena to
attend a court of law or coroner's inquest in connection with a case arising from her duties
with the Employer, she shall not lose her regular pay because of such attendance provided
that she:
14.06
a)
notifies the Employer immediately after she has been notified that she will be
required to attend court or an inquest;
b)
presents proof of service requiring her attendance;
c)
deposits with the Employer the full amount of compensation received excluding
mileage, travel and meal allowances and an official receipt where available.
Pregnancy and Parental Leave
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
14
Pregnancy and parental leave of absence without pay will be granted in accordance with the
provisions of the Employment Standards Act as amended from time to time.
14.07 Pre-paid Leave Plan
The Employer agrees to introduce a pre-paid leave program, funded solely by the nurse,
subject to the following terms and conditions:
a)
The plan is available to nurses wishing to spread four (4) year's salary over a five
(5) year period, in accordance with Part LXV111 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 Nurse must make written application to the Executive Director or her
designate at least six (6) months prior to the intended commencement date of
the program (i.e. the salary deferral portion), stating the intended purpose of the
leave.
c)
Written applications will be reviewed by the Executive Director or her designate.
Leaves requested for the purpose of pursuing further formal nursing education
will be given priority. Applications for leaves requested for other purposes will be
given the next level of priority on the basis of seniority. A written approval or
denial with explanation will be forwarded to the applicant within four (4) weeks of
the application.
d)
The number of Nurses that may be absent at any one time shall not exceed two
(2) staff. The year for the purpose of the program shall be September 1st of one
year to August 31st of the following year or such other twelve-month period as
may be agreed upon by the Nurse, the local Union and the Employer.
e)
During the four (4) years of salary deferral, 20% of the Nurse’s gross earnings
will be deducted and held for her and will not be accessible to her 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 Nurse at the
commencement of the leave or in accordance with such other payment schedule
as may be agreed upon between the Employer and the nurse.
h)
All benefits shall be kept whole during the four (4) years of salary deferral and
the Nurse shall pay the required premiums. The Nurse may apply for a
continuance of benefits for the year of leave and must pay both portions through
the branch (i.e. Employer and Nurse deductions) during the year of leave. The
continuance of benefits must be approved by the benefits carrier.
i)
Participating Nurses must continue to contribute to the EMPLOYER Canada
Pension Plan based on their full salary (i.e. regular basic pay before the salary
hold back) during the four (4) years of salary deferral. During the year of leave,
the Nurse's pension will be held in suspense, i.e. no contributions can be made.
j)
Nurses will not be eligible to participate in the long-term disability plan during
year of leave.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
15
k)
During the year of leave, seniority will be maintained. Service for the purpose of
vacation and salary progression and other benefits will be retained but will not
accumulate during the period of leave.
l)
A nurse may withdraw from the plan at any time during the deferral portion
provided three (3) months' notice is given the Executive Director or her
designate. Deferred salary, plus accrued interest, if any, will be returned to the
Nurse one (1) month following expiry of notice.
m)
If the nurse terminates employment, the deferred salary held by the Employer
plus accrued interest, if any, will be returned to the Nurse within one (1) month.
In case of the Nurse's death, the funds will be paid to the Nurse's estate.
n)
The nurse will be reinstated to her former position unless the position has been
discontinued, in which case she shall be given a comparable job at the same rate
of pay.
o)
Final approval for entry into the pre-paid leave program will be subject to the
Nurse entering into a formal agreement with the Employer in order to authorize
the Employer to make the appropriate deductions from the Nurse’s pay. Such
agreement will include:
i)
A statement that the Nurse is entering the pre-paid leave program in
accordance with Article 14.07 of this Collective Agreement.
ii)
The period of salary deferral and the period for which the leave is
requested.
The letter of application from the Nurse to the Employer to enter the pre-paid leave program
will be appended to and form part of the written agreement.
ARTICLE 15 - HOURS OF WORK AND SCHEDULING
The following provisions are intended to designate normal hours of work on a daily tour and
normal hours of work over the Nurse schedule and shall not be construed to be a guarantee
of the hours of work to be performed on each tour or during each work schedule.
15.01
a)
b)
15.02
15.03
The regular hours of work for all full-time nurses shall be seven and one-half (7.5)
hours per day, exclusive of a one-half (1/2) hour unpaid meal period;
The regular hours of work for a full-time nurse shall be seventy-five (75) hours per
two week period.
Nurses shall be entitled to unpaid rest periods on the basis of fifteen (15) minutes during
each half shift. Nurses shall not take extra time or claim overtime without prior authorization
as a result of missing any rest period.
a)
The work schedule for full-time and part-time nurses will be posted two (2) weeks in
advance and shall cover a minimum of a four (4) week period. It is the responsibility
of each part-time and casual nurse to access her voice mailbox to determine if a
scheduled tour has been cancelled. In the event of a breakdown of the voice mail
system, the Employer will contact the nurse to advise her that a schedule tour has
been cancelled.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
16
b) The posted work schedule shall provide a minimum of sixteen (16) hours off
between
scheduled tours.
15.04
15.05
c)
A nurse shall not be scheduled to work more than seven (7) consecutive tours
unless otherwise mutually agreed by the Employer and the nurse concerned.
d)
Nurses will not be scheduled to work split tours in the Visiting Nursing Program
unless mutually agreed between the Employer and the nurse.
e)
A request for an exchange of shifts set out in the posted time schedule must be
submitted in writing and signed by the nurses requesting the exchange. It is
understood and agreed that such requests for exchange shall not result in any
premium payment and will not be unreasonably denied.
f)
The scheduling of nurses for evening and night tours shall be on a rotational basis
unless mutually agreed otherwise.
g)
The scheduling of nurses for weekends duty shall be on a rotational basis. The
Employer will schedule nurses to work weekends according to the following:
ii)
Nurses shall not normally be scheduled to work more than an average
of one (1) weekend in three (3), unless mutually agreed otherwise.
iii)
Subject to changes in staff levels are patient load, nurses may be
required to work an extra three (3) weekends per year. Nurses working
the extra weekend shall have the first refusal of cancellations should
the weekend caseload not require a full complement of staff.
h)
The Employer will post the weekend schedules for full-time nurses three (3) months
in advance and will inform the Nurse prior to making reasonable changes in the
schedules due to operational requirements which include alterations in the caseload
demand, illness, resignation or departure on leave.
a)
In order to accommodate the Christmas/New Year's scheduling, normal scheduling
provisions shall not operate during the period 15 December to 15 January.
b)
A nurse shall not be scheduled to work both Christmas Day and New Year's Day
unless mutually agreed.
c)
A nurse may at her request take three (3) consecutive days off over Christmas or
New Year's in alternating years.
a)
The work for part-time nurses shall be based on the postings. When a permanent
vacancy arises, the position shall be posted and filled in accordance with the
provisions of Article 12.
b)
All part-time nurses shall be available to work a minimum of three (3) tours per
week. Additional tours shall be offered to part-time nurses in accordance with their
seniority, subject to their requisite skills, geographic considerations and availability.
Such work shall include covering for absent full-time and part-time nurses.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
c)
d)
17
If the Employer cannot fill the shift with part-time nurses or it is not practical to do so
In the circumstances, the work shall be offered to a casual nurse provided the nurse
has the requisite skills.
The assignment of work for casual nurses will be done on an equitable basis.
15.06
It is understood that nurses on a flex-time schedule would adjust their work time within a
seventy-five (75) hour two (2) week period subject to it being mutually agreed upon by the
Nurse and their manager. Furthermore, the Employer will not change the hours of nurses on
a flex-time schedule by assigning additional visits or requiring nurses to take a particular day
or part of a day off without the nurse's consent.
15.07
A full-time nurse will be allotted one half (1/2) hour of paid time every two (2) months to be
used for coming into the VON offices to pick up required supplies. It is thre responsibility of
the nurse to ensure she picks up sufficient supplies for a two-month period. Additional
supplies required over and beyond the supplies obtained during the allotted office time will
be delivered to the nurse in her area during working hours.
15.08
In the event that there are reductions in normal daily hours of work due to fluctuations in
business volumes the Employer will schedule senior nurses to working full shifts in
accordance wit the following procedures:
a) If a senior nurse is assigned to work less than a full shift, she may, subject to reasonable
considerations of specific client needs and providing the granting of such work does not
impact on mandatory continuity standards, be assigned visits from the work list of the
least senior nurse scheduled to work that day.
b) If it is not possible to assign a senior nurse to work a full shift, the nurse will be paid for all
hours worked an may utilize compensatory time or vacation credits to provide a full days
pay or elect to take the time off without pay.
c) Full-time nurses who require additional hours within a pay period to reach a total of
seventy-five (750 hours will be offered any available additional hours, including new
referrals, weekend work and sick leave coverage, based on seniority prior to offering
such work to part-time employees subject to reasonable considerations of specific client
needs and providing the granting of such work does not impact on mandatory continuity
standands.
ARTICLE 16 - PREMIUM PAY
16.01
All time worked in excess of seventy-five (75) hours per pay period or a seven and one-half
(7.5) hour day shall be considered as overtime subject to the following conditions:
a) The nurse is pre-authorized by her Nurse Manager to work overtime.
b) Overtime for work assigned to the nurse by the Employer shall be banked an paid
out at the nurses request or taken as lieu time instead of overtime pay. Each hour of
overtime work will be equal to one and one-half (1.5) hours of bank lieu time. A
nurse shall be able to take banked lieu time off at such times as are mutually agreed
between the nurse and her immediate supervisor. Any banked lieu time in excess of
thirty-seven and one half (37.5) hours that is not taken by the end of the VON fiscal
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
18
year shall be paid out. Banked lieu time will be paid out at the rate of pay at which it
was earned.
Not withstanding the above, given the ability of the nurse to flex start and finish times
and length of work day according to client/caseload needs, nurses may choose to
work longer than seven and one half (7.5) hours per day and such choice shall not
be considered overtime.
c) Overtime premium shall not be duplicated for the same hours worked, nor shall
overtime be pyramided with any other premiums payable.
d) Time up to and including fifteen minutes shall not be counted.
16.02 Cancellation Pay
if a nurse's scheduled tour for visiting nursing is cancelled with less than fourteen (14)
hours notice in advance of the starting time of the scheduled day shift, and less than
four (4) hours notice in advance of the starting time for the scheduled evening shift
for visiting nursing, she shall receive four (4) hours pay at her regular straight time
hourly rate of pay. A cancellation of all or part of a single shift shall not be
considered as a layoff. In order to receive such cancellation pay, a nurse must agree
to perform any duties related to the Community Health Services Department as
assigned by the Employer. The nurse has a right to refuse such work assignment
but if she does, she forfeits her cancellation pay. This article does not apply to Shift
Duty Nursing.
16.04 Shift Premium
A nurse shall be paid a shift premium of eighty cents ($.80) per hour for all hours
worked between 4:30 p.m. and 7:00 a.m. The shift premium is not payable for hours
for which the nurse is being paid at a premium rate, nor shall there be any
pyramiding with respect to any other premiums payable under the provisions of the
Collective Agreement.
16.05
Weekend Premium
A nurse shall be paid a weekend premium of eighty cents ($.80) per hour for all hours
worked between 24:00 hours Friday and 24:00 hours Sunday. The weekend premium is not
payable for hours for which the nurse is being paid at a premium rate, nor shall there by any
pyramiding with respect to any other premiums payable under the provisions of the
Collective Agreement.
ARTICLE 17 - DESIGNATED HOLIDAYS
17.01
The following shall be designated holidays:
New Year's Day
Thanksgiving Day
Victoria Day
Family Day
Good Friday
Christmas Day
Civic Day
Boxing Day.
Canada Day
Labour Day
In addition to the above listed designated holidays, full-time nurses who have been
employed more than six months in a full-time capacity will be granted one (1) additional day
annually. This day is to be taken at a mutually agreeable time between January 1st and
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
19
December 31st in the same fiscal year with the exception of prime time vacation scheduling
periods defined in Article 18 - VACATIONS, sections b), c) and d).
17.02
a)
A nurse who is required to work on any designated holidays listed in Article 17.01
shall be paid at time and one-half (1 1/2) her regular straight time hourly rate of pay.
b) A full-time or regular part-time nurse who works half-time or more on a regular basis
will be entitled to a designate holiday off, or if she has worked on a designated
holiday, lieu day off with pay provided she works her scheduled workday on each of
the scheduled working days immediately preceding and following the actual
designated holiday.
Lieu days will be taken at such times as are mutually agreed between the nurse and
her manager. Lieu days must be taken prior to the next designated holiday, except
where there is less than thirty (30) days between holidays, in which case the lieu day
must be taken within thirty (30) days of the holiday.
c)
17.03
Part-time nurses who work half-time or more on a regular basis will be entitled to a
holiday pay for each of the designated holidays listed in 17.01 provided that they
have worked on twelve (12) of the preceding twenty-eight (28) days and providing
they meet the qualifying conditions in 17.02 b) i) and ii). Such holiday pay will be prorated to full-time hours worked over the preceding twenty-eight days.
If a holiday listed in Article 17.01 falls within the period a nurse is absent from duty on paid
sick leave or on vacation, such holiday shall not be charged against the sick leave credits or
the vacation time of the nurse.
ARTICLE 18 - VACATIONS
18.01
The vacation year shall be the calendar year.
18.02
Full-time nurses shall receive vacation with pay on the following basis:
a)
Nurse's who have completed less than one year of full-time continuous service with
VON as of December 31st in any year shall be entitled to a vacation on the basis of
1.25 days of each completed month of active service with VON. If the nurse leaves
before the end of the first calendar year, she shall receive 4%;
b)
Nurses who have completed one (1) or more years but less than three (3) years of
full-time continuous service with VON as of December 31st shall be entitled to a
vacation of fifteen (15) days on the basis of 1.25 days for each completed month of
active service in the year;
c)
Nurses who have completed three (3) or more years but less than fifteen (15) years
of full-time continuous service with VON as of December 31st shall be entitled to a
vacation of twenty (20) days on the basis of 1.667 days for each completed month of
active service in the year;
d)
Nurses who have completed fifteen (15) or more years but less than twenty-five (25)
years of full-time continuous service with VON as of December 31st shall be entitled
to a vacation of twenty-five (25) days on the basis of 2.083 days for each completed
month of active service in the year;
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
e)
f)
18.03
a)
20
Nurses who have completed twenty-five (25) or more years of full-time continuous
service with VON as of December 31st shall be entitled to a vacation of thirty (30)
days on the basis of 2.5 days for each completed month of active service in the year;
For the purpose of Article 18.02, “active service” shall include time on vacation or
short-term illness or less than one month, but shall exclude leaves of absence
without pay from VON for one month or more.
Part-time Vacation Entitlement:
Part-time nurses shall be entitled to vacation time on the following basis:
b)
18.04
ii)
Nurses who have completed less than one year of continuous service
with VON as of December 31st in any year shall be entitled to a vacation
on the basis of 1.25 days of each completed month of active service
with VON. If the nurse leaves before the end of the first calendar year,
she shall receive 4%;
iii)
Nurses who have completed one (1) or more years but less than three
(3) years of continuous service with VON as of December 31st shall be
entitled to a vacation of fifteen (15) days on the basis of 1.25 days for
each completed month of active service in the year;
iv)
Nurses who have completed three (3) or more years but less than
fifteen (15) years of continuous service with VON as of December 31st
shall be entitled to a vacation of twenty (20) days on the basis of 1.667
days for each completed month of active service in the year.
v)
Nurses who have completed fifteen (15) or more years but less than
twenty-five (25) years of continuous service with VON as of December
31st shall be entitled to a vacation of twenty-five (25) days on the basis
of 2.083 days for each completed month of active service in the year;
vi)
Nurses who have completed twenty-five (25) or more years of
continuous service with VON as of December 31st shall be entitled to a
vacation of thirty (30) days on the basis of 2.5 days for each completed
month of active service in the year;
vii)
For the purpose of Article 18.03, "active service" shall include time on
vacation or short-term illness of less than one month, but shall exclude
leaves of absence without pay from VON for one month or more.
Part-time and casual nurses shall be entitled to vacation pay in the amount of six (6)
per cent of their basic hourly rate. Vacation pay will be paid on each pay period. The
maximum time off that part-time nurses will be granted between June 15 and
September 15 is three (3) weeks.
For the purpose of vacation entitlement, service for those nurses whose status is changed
from part-time to full-time or vice versa shall mean the combined service as part-time and
full-time accumulated on a continuous basis. For the purpose of this article, 1725 hours
worked shall equal one year of full-time service.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
18.05
21
When a nurse’s employment is terminated by the Employer for any reason, full payment for
vacation earned, but not taken, will form part of such nurse's termination pay. If vacation has
been received by the nurse over and above the vacation she is entitled to pursuant to the
terms of this Agreement, there shall be deducted from the salary of the nurse or refunded to
the Employer by the nurse an amount equivalent to the pay for vacation received without
entitlement.
18.06
A nurse who resigns her employment with less than two (2) weeks notice shall be entitled to
only the vacation provided in the Employment Standards Act.
18.07
Vacation Scheduling
a)
The maximum number of Nurses granted time off at any one period will be
determined in advance by the Employer.
b)
Summer Vacation
i)
A greater number of vacation slots will be available during the period of June 15th
to September 15th than during the rest of the year.
ii) A maximum of three weeks vacation per Nurse will be granted during the period
of June 15th to September 15th, pending availability of vacation slots.
iii) Vacation requests must be submitted, in writing, by February 15th or by March
I5th. The first submission date requests will be confirmed by March 15th and the
second date will be confirmed by April 15th.
v) Confirmation will be determined based on:

submission date (February 15 or March 15)

seniority on submission date

available vacation slots

staff category
c)
March Break
i) Vacation requests for March break must be submitted in writing, by November
10th of
the previous year.
ii)
d)
Confirmation will be made by December 15th of the same year determined by the
rotating seniority list.
Christmas
Requests for vacation days during the Christmas Prime Time period (December 20
to January 5) will be considered subject to operations requirements and may be
granted on a rotating seniority basis provided the request is submitted by September
10th.
e)
Non-Prime Time vacation time (i.e., other than vacation time during summer, March
Break, Christmas and over designated holiday periods) may be requested, in writing,
from one week to one year prior to the time requested.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
f)
22
Each nurse is responsible for finding a suitable replacement for her scheduled
shift(s) on weekends, evenings or on-call if she elects to take vacation over her
scheduled time to work in the rotation.
g)
Vacation time is to be utilized in the calendar year in which it was earned. A
maximum of four (4) days may be carried into the new calendar year. Carried over
vacation days must be taken by the fiscal year-end (March 31).
h)
Vacations are not permitted during the probationary period.
ARTICLE 19 - NURSE FILES
19.01
Any letter of reprimand, suspension or other sanction will be removed from the record of a
nurse twelve (12) months following the receipt of such letter, suspension or other sanction
provided that such nurse's record has been discipline free for the immediately preceding
twelve (12) months during which she has worked.
19.02
When any type of evaluation, performance appraisal, progress report or assessment related
to job performance, nursing practice, or other employment related matters is completed
with respect to any nurse, it shall be reviewed with the nurse. A copy of the completed
performance appraisal will be provided to the nurse.
19.03
Upon written request and after having given reasonable notice, a nurse may review her
personnel file in the presence of her nurse manager or delegate and be provided with a copy
of any document contained therein. She may be accompanied by her local nurse
representative or executive member.
ARTICLE 20 – CAR/MILEAGE ALLOWANCE
20.01
Mileage Allowance
Full-time and part-time nurses who are required to use their own vehicles shall be paid a
mileage for kilometers driven. When a nurse drives a personally owned vehicle and is on
duty at the request of the Branch, payment will be made for mileage from the first client’s
home to the last client’s home. There will be no mileage paid from the Nurse's home to the
first client's home or from the last client's home.
Effective the beginning of the first full pay period following the date of ratification, Nurses
who use their own vehicles shall be paid at a rate of forty cents ($0.40) per kilometer.
ARTICLE 21 - BENEFIT PLANS
During the term of this Collective Agreement the Union shall supervise a vote of all bargaining unit members to
determine if the employee agree to transition to the VON Canada Flex Benefit Plans. Such vote will be
conducted prior to December 31, 2013. A representative of the Employer will be available to provide
information to the employees and answer questions with respect to the VON Canada Flex Benefit Plans. If the
employees decide to transition to the VON Canada Flex Benefit plans, the parties will meet to make the
necessary amendments to Article 21.
21.01
a)
All full-time nurses who are presently enrolled in the Employer's pension plan shall
maintain their enrolment in the Plan subject to its terms and conditions. New full-time
nurses employed but not yet eligible for membership in the Plan, shall, as a condition of
employment, enroll in the Plan when eligible in accordance with its terms and conditions.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
23
Part-time-and casual nurses may participate in the VON Canada Pension Plan in
accordance with its terms and conditions.
.
The Employer shall contribute towards the premium coverage of full-time participating
eligible nurses in the active employ of the Employer under the insurance plans set out below
subject to their respective terms and conditions including any enrolment requirements.
b)
21.02
21.03
a)
The Employer agrees to contribute fifty percent (50%) of the billed premium towards
coverage of eligible nurses in the active employ of the Employer under the Extended
Health Care Plan as provided under the VON National Group Benefits Plan. The
balance of the monthly premium is paid by the nurse through payroll deductions.
b)
VON agrees to pay one hundred (100) percent of the billed premium toward
coverage of eligible nurses in the active employ of the Employer for a group life
insurance plan providing two (2) times annual salary as well as accidental death and
dismemberment in the same amount.
c)
The Employer agrees to contribute fifty (50) percent of the billed premium towards
coverage of eligible nurses in the active employ of the Employer under the Dental
Plan as provided under the VON National Group Benefit Plan. The balance of the
monthly premium is paid by the nurse through payroll deduction.
d)
Full-time nurses and nurses working half-time or more on a regular basis are
required to participate in the National Long Term Disability Plan, subject to is terms
and conditions on the basis of one hundred (100) percent Nurse paid premiums.
e)
"Active employ" excludes absences without pay from VON in excess of thirty (30)
consecutive calendar days. A nurse on such leave of absence shall be responsible
for full payment of the premium for any subsidized Nurse benefits in which she is
entitled to participate for the period of absence in excess of thirty consecutive
calendar days. The nurse may arrange with the Employer to prepay the full premium
of any applicable subsidized benefit during the period of the leave to ensure her
continuing coverage. Failure to provide post-dated cheques will result in benefits
being cancelled.
f)
In case of unpaid leaves of absence because of pregnancy or parental leave or
when a n nurse is in receipt of Workers Compensation benefits, the Employer will
continue to pay its share of the subsidized Nurse benefits for a maximum of thirtyfive (35) weeks in case of pregnancy/parental benefits, unless the nurse indicates in
writing that she does not wish to continue her participation in the benefit plans, and
for a maximum of one (1) year in case of Workers’ Compensation benefits unless
the nurse does not pay her share of the contributions.
g)
In the event of a temporary lay-off, all health, life and dental benefits may continue
for six months, with the exception of long-term disability benefits. In this case the
employee would make arrangements for the payment of her portion of the benefits
premiums and VON would continue to pay the employer portion of the premiums. In
the event of a permanent lay-off, health, life and dental benefits, including long term
disability benefits, would cease as of the date of layoff. Temporary and permanent
layoff shall be defined as per the Employment Standards Act.
In lieu of the other benefits set out in this article, part-time and casual nurses shall receive an
amount equal to six (6) percent of their regular straight time hourly rate. It is understood and
agreed that holiday pay is included within the percentage in lieu of fringe benefits and that
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
24
vacation pay and pension plan participation are not included. Such amount shall not be
included in the base used for the purposes of calculating any premiums nor shall it be paid
on any overtime or premium hours worked.
21.04
Part-time and casual nurses, on a voluntary basis, may enroll in the VON Canada Pension
Plan when eligible in accordance with its terms and conditions. The Employer's and the
nurse’s share of the contribution shall be in proportion to the hours worked by the nurse.
ARTICLE 22- SICK LEAVE
22.01
Full and Permanent Part-Time Nurses
Sick leave is the granting of time off with pay for absences from regularly schedule hours
due to legitimate personal illness. A sick time occurrence is defined as a continuous period
of absence from work for the same reason with no return to work.
22.02
Sick Time Reimbursement
When a fulltime Nurse is absent from work due to a legitimate personal illness she shall not
lose her regular straight time earnings from regularly scheduled hours to the extent of her
credits in her sick back.
22.03
Reporting Absence From Work for Illness
All Nurses must call into the office via the answering service (when EMPLOYER office
closed) and report to their manager during the first day of illness.
22.04
Sick Bank Accumulation
All full-time Nurses earn 1.5 sick days per completed month of work and this is accumulated
in the Nurses sick bank. Maximum accumulation is six (6) months or 900 hours. Sick bank
hours, to be used for personal illness, are an Nurse’s insurance of continuous income during
long term illness. Accrued sick leave credits are a form of insurance and as such there will be
no cash payment for unused credits. Sick leave credits for permanent part-time Nurse’s who
work half time or more are accrued on a pro-rata basis. Nurses will receive a statement of
sick leave credits upon request
22.05
Nurses are expected to schedule medical and dental appointments of less than one day,
prior to, or following their regular scheduled working hours, or on days off. Where this is not
possible, Nurses will be allowed to flex their hours of work for that day in order to
accommodate their appointment, provided the needs of clients can be met and no premium
pay is incurred as a result of the flexed hours.
22.06
The sick leave credits accumulated by an Nurse who transfers from full-time or permanent
part-time to regular part-time or casual status shall be frozen. If the Nurse returns to full-time
or permanent (not regular) part-time, the credits shall be re-activated and may be used for
future personal illnesses.
22.06
A) Where a nurse’s scheduled vacation is interrupted due to serious illness which commenced
prior to and continues into the scheduled vacation period, the period of such illness shall be
considered sick leave.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
25
B) If an Nurse is hospitalized due to an accident or illness during scheduled vacation, the
Nurse may use sick leave credits to cover the hospitalization and post hospitalization periods
and displaced vacation shall be rescheduled.
22.07 Where medical or dental appointments of one day or more cannot be scheduled on the nurse’s
regular days off, such time may be considered as sick leave provided that:
h) Written submission of such request is provided in writing to the nurse's immediate
supervisor her designate at least one (1) week in advance unless in an emergency
ii)
Time paid will only be to the extent that sick credits are available to the nurse in
accordance with Article 22.
22.08 A nurse may be required to submit a physicians certificate with respect to any period of time she
may be absent from her duties on sick leave. If a physician’s certificate is required, the Employer
shall pay any fee for such certificate, which is not payable by the nurse’s health insurance plan.
ARTICLE 23 -WAGES
23.01
Previous Experience Credit
For the purposes of initial placement on the wage grid of either a newly hired full-time or
part-time nurse or for a nurse who is re-entering the bargaining unit, such nurse shall make a
claim in writing for recognition of recent related visiting nursing experience and recent
related nursing experience in licensed nursing homes, homes for the aged and hospitals
provided the nurse has medication and asepsis certificates at the time of application for
employment. The nurse shall co-operate with the Employer by providing verification of such
previous experience in writing from previous Employers during the probationary period. No
such review shall be conducted outside the probationary period. No credit shall be given for
experience of less than six (6) months duration, nor where the nurse has not been actively
nursing within the immediately preceding last three (3) years. The Employer shall assess the
applicability of the previous experience during the nurse's probationary period and where
such experience is acceptable, shall place the nurse at an appropriate level on the wage grid
to be effective upon completion of the probationary period. Such placement shall not exceed
the sixth level of the wage grid and shall be on the basis of one (1) increment for each year
of VON experience and one (1) increment for each year community nursing experience and
one (1) increment for each two (2) years of other nursing experience as described above in
this paragraph.
23.02
Each full-time nurse shall be advanced from her present level to the next level set out in the
wage grid on her anniversary date of employment. If a nurse's absence without pay exceeds
thirty (30) consecutive calendar days, her advancement date will be extended by the length
of such absence in excess of thirty (30) consecutive calendar days.
23.03
A part-time nurse shall advance from her present level to the next level set out on the wage
grid after she has worked 1725 hours.
23.04
A full-time nurse who is transferred to part-time status or vice-versa shall be placed at the
same step on the wage grid.
ARTICLE 24 - MISCELLANEOUS
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
24.01
24.02
26
Whenever the feminine pronoun is used in this Collective Agreement, it includes the
masculine pronoun where the context so requires. Where the singular is used, it may also be
deemed to mean plural where the context so requires.
Bulletin Board
The Employer will provide the Union bulletin board space in a conspicuous location in the
office for the purpose of posting notices regarding meetings and other Union business
matters. All such notices must be signed by a member of the Union Executive who is
employed by the Employer. All notices not signed by the Union may be removed.
24.03
Nurses are required to present their current Certificate of Registration to the Executive
Director or her designate by March 15th of each year. Failure to provide the certificate shall
result in suspension from duty.
24.04
The current pay period and method of payment shall be continued unless the parties agree
to an alternate method of payment.
24.05
Prior to effecting any changes in rules or policies, which affect nurses covered by this
Collective agreement, the Employer will discuss the changes with the Union at a
Union-Management Committee meeting and provide copies to the Union.
24.06
24.07
24.08
a)
The Employer shall determine and supply the nursing equipment the Employer
deems
necessary to enable the nurse to perform her duties.
b)
Where the nurse identifies that the nursing equipment is required to perform her
duties she shall contact her Nurse Manager to discuss the purchase and obtain
written approval.
c)
Once written approval for the purchase of the nursing equipment has been obtained,
the Employer will either purchase the required nursing equipment or reimburse the
nurse after submission of the receipt.
A spouse shall mean a person of either sex.
a)
The Employer shall assign work, duties and responsibilities to the nurses covered by
this Collective Agreement in accordance with the Regulated Health Professions Act.
b)
The Employer shall not allow any nurses not falling within the bargaining unit to
perform work normally performed by the nurses covered by this Agreement, except
for purposes of instruction, experimentation or when regular employees are not
readily available.
c)
The Employer shall not contract out any work normally performed by members of the
bargaining unit without prior discussion with the Union.
d)
The Employer shall not enter into any agreement with any trade union that restricts
or purports to restrict in any way the employment of, and assignment of work to,
nurses covered by this Collective Agreement without the prior discussion with the
Union.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
e)
24.09
27
In the event of a fundamental change in the work normally performed by the
members of the bargaining unit, it is agreed that the parties shall meet to discuss
these changes.
Technological change
a)
When the Employer introduces new equipment including computers into the
workplace, all nurses will be provided with the training as determined by the
Employer, necessary to familiarize the nurse with the equipment or program and
enable the nurse to perform her duties.
b)
When the nurses selected to be trained as a trainer or facilitator, all necessary
training as determined by the Employer will be paid time.
c)
Nurses attending at training will be advised in advance if the training is to be partially
or fully paid by the Employer. The Employer will discuss training needs with the
nurses and attempt to minimize the costs to the nurses whenever possible.
d)
It is recognized that the nurse has a responsibility to become educated in the basics
of computer literacy and that the Employer will discuss ways to assist the nurses
wherever possible.
ARTICLE 25 - TERMINATION AND RENEWAL
25.01
The Collective Agreement shall continue in effect until March 31, 2015 and shall remain in
effect from year to year thereafter unless either party gives the other party written notice of
termination or desire to amend the Agreement In accordance with Article 25.02 below.
25.02
Notice that amendments are required or that either party desires to amend or terminate this
Agreement, may only be given within a period of ninety (90) days prior to the expiration date
of this Agreement or to any anniversary of such expiration date.
25.03
All terms of the Collective Agreement shall become effective upon date of ratification by both
parties to the agreement unless specifically stated otherwise in the agreement. Salary rates
shall be effective on the dates and in the amounts stipulated in Appendix A.
DATED at Mississauga, Ontario this
FOR VON CANADA, ONTARIO BRANCH,
PEEL SITE
day of _______ 2014.
FOR ONTARIO FEDERATION OF
HEALTH CARE WORKERS
_______________________________
___________________________________
_______________________________
___________________________________
_______________________________
___________________________________
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
28
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
29
APPENDIX “A”
WAGE GRIDS
Level
1
2
3
4
5
6
7
April 1/11
1.75%
$19.06
$19.73
$20.42
$21.08
$21.73
$22.43
$23.14
Effective the beginning of the first full pay period following ratification – Increase wage
grid by 1.5%
Within six (6) weeks of the date of ratification by the union, all employees on staff on the
fate of ratification will receive the following lump sum payments, less statutory deductions:
Full-time (0.8 FTE and above) - $200.00
Part-time - $50.00
Casual - $50.00 (Provided the casual employee works at least seven and one-half (7.5) hours
per month in each of the previous six (6) months.
During the term of this Collective Agreement the parties shall meet to discuss the
implementation of a “Pay-Per-Visit” compensation model. Should an agreement be
reached to implement such a model the parties shall negotiate the appropriate amendments
to the Collective Agreement.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
30
LETTER OF UNDERSTANDING
BETWEEN
VON CANADA, ONTARIO BRANCH, PEEL SITE
-andONTARIO FEDERATION OF HEALTH CARE WORKERS
RE: SHIFT NURSING
Shift Nursing is a separate classification. Articles on Hours of Work, Scheduling, Vacation and
Compensation in the Collective Agreement, do not apply in the Shift Nursing Program. The following
terms and conditions shall apply:
1.
Definitions:
Full-time nurse: A full-time nurse is a nurse who is regularly scheduled to work the normal
full-time hours which range between seven (7) twelve hour shifts up to ten (10)
eight hour shifts, bi-weekly.
Part-time nurse: A part-time nurse is a nurse who is regularly scheduled to work less than the
normal full-time hours.
Casual nurse: A casual nurse is one who is employed on a relief basis as and when required by
the Employer.
2.
Hours of Work:
Hours of work for part-time and casual nurses will range from three (3) hours to twelve (12)
hours per shift and will be determined by client need.
3.
Mileage/Travel:
No mileage allowance or travel time will be paid when the nurse is scheduled for a single site
shift. Where a nurse is scheduled to work at more than one site she will be paid for a maximum of
one-half (1/2) hour travel time between sites. In addition she shall be paid mileage in accordance
with the provisions of Article 20.01 for all travel between sites.
4.
Nurses hired to work in the Shift Nursing Program or the Visiting Nursing Program who are not
full-time may apply to work in either program on a casual basis. The nurse will be required to
provide availability for the program and will be granted hours or shifts on the basis of availability.
Nurses will be paid at the shift nursing rate when working in the Shift Nursing Program and will be
paid at the visiting nursing rate when working in the Visiting Nursing Program.
5.
For assignments longer than two (2) weeks nurses in the Shift Nursing Program may be
expected to work alternate weekends.
6.
Shift Nursing seniority will be maintained separately from all other VON Nursing programs.
7.
Assignments will be made in order to provide continuity of care for the client. Clients will be
assigned a primary and a secondary nurse for each shift of the day (i.e., days, evenings, nights
or days and nights). Assignments will be offered on the basis of the nurse’s availability, skills,
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
31
experience, ability, and seniority in order to meet the client needs including continuity, language
and culture.
8.0
9.
Premium Pay:
(a)
All time worked in excess of seventy-five (75) hours in a two-week period, or, for shifts in
excess of seven and one half (7.5) hours, in excess of the employee’s prescheduled shift
for that day, shall be considered as overtime on the basis of time and one-half (1.5),
subject to the following conditions:
(i) the nurse is pre-authorized by her supervisor or designate to work overtime;
(ii) the overtime exceeds fifteen minutes.
(b)
Effective April 1, 2007, a shift premium of seventy-five ($0.75) per hour will be paid for all
hours worked between 8:00 pm and 8:00 am. The shift premium is not payable for
hours for which the nurse is being paid at a premium rate, nor shall there be any
pyramiding with respect to any other premiums payable under the provisions of the
Collective Agreement.
Cancellation:
a)
Nurses assigned to Shift Nursing may be cancelled up to two (2) hours in advance of
assigned hours of work without penalty. If a shift is cancelled less than two (2) hours
ahead of time, the Employer will pay the Nurse three (3) hours at her regular rate of pay
for the shift. A cancellation of all or part of a single shift shall not be considered a layoff.
In order to receive cancellation pay, a nurse must agree to perform any duties related to
the Community Health Services Department as assigned by the Employer. The nurse
has a right to refuse such work assignment but if she does, she forfeits her cancellation
pay.
b)
Effective April 1, 2008, Nurses assigned to Shift Nursing may be cancelled up to two (2)
hours in advance of assigned hours of work without penalty. If a shift is cancelled less
than two (2) hours ahead of time, the Employer will pay the Nurse four (4) hours at her
regular rate of pay for the shift. A cancellation of all or part of a single shift shall not be
considered a layoff. In order to receive cancellation pay, a nurse must agree to perform
any duties related to the Community Health Services Department as assigned by the
Employer. The nurse has a right to refuse such work assignment but if she does, she
forfeits her cancellation pay.
10. Report Pay:
a) A nurse who is called in or reports for a Shift Nursing tour as scheduled and is not required to
work shall, unless otherwise notified by the Employer, receive a minimum of three (3) hours
pay at her regular straight time hourly rate or she shall be required to perform any duties
related to the Community health Services Department as assigned by the Employer for a
minimum of three (3) hours. The nurse has a right to refuse such work assignment but if she
does, she forfeits her reporting pay.
b) Effective April 1, 2008, A nurse who is called in or reports for a Shift Nursing tour as
scheduled and is not required to work shall, unless otherwise notified by the Employer,
receive a minimum of four (4) hours pay at her regular straight time hourly rate or she shall
be required to perform any duties related to the Community health Services Department as
assigned by the Employer for a minimum of three four (4). The nurse has a right to refuse
such work assignment but if she does, she forfeits her reporting pay.
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
32
11.
Compensation:
(a)
Shift Nurses will be paid at the appropriate Level in the wage grid as set out in Appendix
A of the Collective Agreement.
(b)
Articles 23.01, 23.02, 23.03 and 23.04 shall apply to nurses working in and hired to work
in the Shift Nursing Program.
(c)
Nurses in the Shift Nursing program shall receive 6% in lieu of vacation and all benefits,
including holiday pay, and such amount shall not be included in the base for the purpose
of calculating overtime.
(d)
Part-time and casual nurses, on a voluntary basis, may enroll in the VON Canada
Pension Plan when eligible in accordance with its terms and conditions.
DATED at Mississauga, Ontario this
FOR VON CANADA, ONTARIO BRANCH,
PEEL SITE
day of ___________ 2014
FOR ONTARIO FEDERATION OF
HEALTH CARE WORKERS
_______________________________
___________________________________
_______________________________
___________________________________
_______________________________
___________________________________
Collective Agreement Between VON Canada, Ontario Branch, Peel Site and Ontario Federation of
Health Care Workers
Expiry : 31 March, 2015
33
LETTER OF UNDERSTANDING
Between
VON CANADA, ONTARIO BRANCH, PEEL SITE
-andONTARIO FEDERATION OF HEALTH CARE WORKERS
RE: RPN WORK ASSIGNMENTS
The parties agree that the Union-Management Committee referred to in Article 8.01 of the collective
agreement will be utilized on a monthly basis to review and discuss RPN work assignments,
caseload and skill utilization. The Employer agrees to share with the Committee any information and
statistics that is necessary for the Committee to fully discuss these issues.
DATED at Mississauga, Ontario this
FOR VON CANADA, ONTARIO BRANCH,
PEEL SITE
day of ___________ 2014
FOR ONTARIO FEDERATION OF
HEALTH CARE WORKERS
_______________________________
___________________________________
_______________________________
___________________________________
_______________________________
___________________________________