YHC Collective Agreement (Anglais) – PIPSC

A1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Institute, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement, and to ensure that all reasonable measures are provided for the safety and occupational health of the employees.

A1.02 The parties to this Agreement share a desire to promote the well-being and increased efficiency of the employees to the end that the people of the Yukon will be well and effectively served. Accordingly, the parties are determined to establish, within the framework provided by law, an effective working relationship at all levels in which members of the bargaining units are employed.

A1.03 The provisions of this Agreement apply to all parties; the Institute, the employees, and the Employer.

ARTICLE A-2 RECOGNITION AND SCOPE

A2.01 The Employer recognizes the Institute as the sole and exclusive bargaining agent for employees in the bargaining unit as certified by the Canada Labour Relations Board under File No. 555-3921, on March 18, 1996, and employees in position subsequently included in the bargaining unit either by mutual consent of the parties or by an order of the Canada Industrial Relations Board.

A2.02 Except as qualified or excluded under the provisions dealing exclusively with part time, term or casual employees, this Agreement applies to all employees who are employed within the scope of the bargaining unit for which the Institute is the certified bargaining agent as recognized in paragraph A2.01.

A2.03 Any changes which the parties agree are necessary in this Agreement may be made by mutual agreement at any time during this Agreement. Any such changes that are agreed to by the parties shall be recorded in writing, signed by the authorized officials of the parties, and appended to this Agreement. For this purpose, the authorized official of the Institute is the National President or a delegated staff representative employed, or authorized in writing, by the Institute.

A2.04 All letters of understanding and other joint documents related to the interpretation or application of this Agreement must be signed by the authorized officials of the parties.

A2.05 No employee shall be required or permitted to enter into any verbal or written agreement, which is in conflict with this Agreement, with the Employer.

ARTICLE A-3 MANAGEMENT RIGHTS

A3.01 Except to the extent provided herein, this Agreement in no way restricts the authority of the Employer to operate and manage the Hospital.

A3.02 The parties, in administering this Agreement, shall act reasonably, fairly, in good faith, and in a manner consistent with the Collective Agreement as a whole.

ARTICLE A-4 NO STRIKE OR LOCKOUT

A4.01 During the term of this Agreement, the Institute and its members will not declare, authorize or participate in a strike against the Employer and the Employer will not lock out the employees.

ARTICLE A-5 INTERPRETATION OF AGREEMENT

A5.01 Wherever the singular and the feminine are used in this Agreement, the same shall be construed as meaning the plural, or the masculine or the neuter where the context so admits or requires and the converse shall hold as applicable.

A5.02 In this Agreement, “may” shall be regarded as permissive, “shall” and “will” as imperative, and “should” as informative only.

A5.03 For the purpose of this Agreement:

a) “Bargaining unit” means the unit of employees for which the Institute is recognized as the bargaining agent as specified in paragraph A2.01 of Article A-2.

b) “Employee” means a member of the bargaining unit covered by this Agreement.

c) “Employer” means the Yukon Hospital Corporation.

d) “Headquarters area” means an area within 16 kms, by road, of an employee’s work place or within Whitehorse city limits.

e) “Institute” means the Professional Institute of the Public Service of Canada.

f) “Local representative” means an employee who has been elected or appointed as a steward or who is selected by the Institute to represent employees in collective bargaining, joint consultation, on committees and at meetings with the Employer;

g) “Staff representative” means an agent of the Institute, other than an employee, having the authority to represent employees in the bargaining unit in matters related to their employment.

A5.04 For the purposes of this Agreement, “continuous employment” means uninterrupted employment with the Employer. In respect of an employee who is recalled from a layoff, her cumulative periods of employment both before and after the layoff are deemed to be continuous provided that the employee is recalled within one (1) year of layoff.

A5.05

a) For the purposes of this Agreement, “spouse” means a lawful husband or wife, or a person living in common-law relationship with the employee of the same or opposite sex.

b) A common-law relationship will be deemed to exist when, for a continuous period of at least one year, an employee has lived with a person in a relationship of some permanence as a couple, lives and intends to live with that person as a couple, and signs a statutory declaration to this effect.

c) It is agreed that a common-law spouse of the same or opposite sex will be covered by any benefits provided for in the Agreement to the extent that such benefits provide coverage for a spouse of the same or opposite sex.

ARTICLE A-6 DEDUCTION OF MEMBERSHIP DUES

A6.01 “Membership Dues” means the dues established pursuant to the constitution of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy.

A6.02 The Employer shall, as a condition of employment, deduct an amount equal to the amount of the membership dues from the pay of all employees in the bargaining unit. The Employer shall, subject only to Section 70.(2) of the Canada Labour Code, have the employee complete a form authorizing this deduction.

A6.03 The Institute shall, in accordance with paragraph A6.02, inform the Employer in writing of the authorized monthly deduction to be checked off for each employee, and supply the appropriate authorization form to the Employer. The amounts specified shall continue to be the amounts deducted until changed by further written notice to the Employer by the Institute. The Institute shall provide the Employer with a reasonable notice period to implement any changes in deductions.

A6.04 Where an employee does not have sufficient earnings in respect of any pay period to permit deductions, the Employer shall not be obliged to make such deductions.

A6.05 The amounts deducted in accordance with paragraph A6.02 shall be remitted to the Institute within a reasonable period of time after deductions are made, and shall be accompanied by particulars identifying each employee and the deductions made.

A6.06 The Institute agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Employer.

A6.07 The Employer shall include on the T4 slip issued to the employee, the amount of the deductions paid to the Institute by the Employer in the previous taxation year.

A6.08 No trade union, as defined in Section 3.(1) of the Canada Labour Code, other than the Institute, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

ARTICLE A-7 EMPLOYEE REPRESENTATIVES

APPOINTMENT OF LOCAL REPRESENTATIVES

A7.01 The Employer acknowledges the right of the Institute to appoint or otherwise select employees as local representatives. The Institute will provide the Employer with a written list of its local representatives. The Employer will be provided with an update of the written list when changes are made.

COLLECTIVE BARGAINING

A7.02 The Employer will grant leave without pay to a maximum of four (4) employees from Whitehorse General Hospital, one (1) employee from Watson Lake Community Hospital, and one (1) from the Dawson City Community Hospital acting as local representatives of the Institute, to attend meetings preparatory to collective bargaining and collective bargaining meetings on behalf of the Institute. The Employer will continue fringe benefit contributions and the employee will continue to earn normal credits.

A7.03 Subject to suitable written arrangements between the Employer and the Institute for recovery of payment, the Employer shall continue to pay the employees during the period of leave without pay under paragraph A7.02. Employees wishing to avail themselves of this provision will record the time spent in the meetings in accordance with the aforementioned written arrangements.

INFORMAL RESOLUTION OF DIFFERENCES

A7.04 A local representative assisting an employee(s) in relation to an issue being dealt with in the informal process for resolution of differences will not suffer any loss of earnings as a result, provided that the local representative does not have to leave his/her headquarters area.

GRIEVANCE INVESTIGATIONS AND HEARINGS

A7.05

a) A local representative representing a grievor in relation to a grievance will, where operational requirements permit, be given reasonable time off with pay for the purpose of discussing the matter with the grievor when the meeting takes place in his/her headquarters area during normal working hours; and when it takes place outside his/her headquarters area, reasonable time off with pay for up to one (1) hour and thereafter reasonable leave without pay.

b) A local representative representing a grievor in relation to a grievance will be given reasonable time off with pay for the purpose of attending the grievance hearing with the Employer when the meeting takes place during normal working hours or, if during non-working hours, the local representative will be paid up to a maximum of two (2) hours at his/her straight time rate of pay for time attending the grievance hearing. Where the meeting takes place outside the representative’s headquarters area, any expenses incurred by the representative arising out of his/her attendance at the meeting shall not be borne by the Employer.

A7.06 Prior to having a local representative attend at a meeting which is outside his/her headquarters area, as contemplated in Clauses A7.05 (a) and (b), the parties shall endeavour to arrange for the meeting to take place through the use of technology (such as a video conference or telephone conference) whereby the local representative would not have to leave his/her headquarters area.

MEETINGS WITH THE EMPLOYER

A7.07 The Employer will grant leave with pay for up to four employees, acting as local representatives, for the purpose of attending meetings with the Employer on behalf of the Institute.

A7.08 Employees acting as local representatives at meetings of any committee established in accordance with this Agreement shall be protected against any loss of regular pay by reason of attendance at such meetings. If the meeting takes place outside of scheduled working hours, employees will be paid at the straight time rate for all time spent at these meetings and for reasonable travel time when distance travelled, one way, from the employee’s place of residence to the meeting in his/her headquarters area exceeds 16 kilometres.

INSTITUTE EXECUTIVE MEETINGS, CONVENTIONS, AND ANNUAL GENERAL MEETINGS

A7.09 The Employer will grant leave without pay for up to four employees to attend executive meetings, conventions, and annual general meetings of the Institute. Upon request of the employee, and with the agreement of the employee to reimburse the Employer in advance, for periods of union leave in excess of one month, the Employer will continue fringe benefit contributions.

TRAINING COURSES

A7.10

a) The Employer will grant leave without pay to employees who act as local representatives to undertake training related to the duties of a representative.

b) The Employer will grant leave with pay to local representatives to attend training courses sponsored by the Employer, concerning employer/employee relations.

ELECTED OFFICE

A7.11 An employee who is elected to a full time paid position with the Institute shall be granted leave of absence without pay for the term of office. It is the responsibility of the employee to maintain professional qualifications during the period of leave.

ADVANCE NOTICE

A7.12 Requests for leave under this Article shall be submitted as far in advance as possible

A7.13

a) Whenever possible, local representative shall request the permission of their immediate supervisor before leaving their workplace to investigate employee complaints of an urgent nature, to meet with the Employer for the purpose of dealing with a grievance, or to attend a meeting called by the Employer. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to their supervisor before resuming duties.

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Collective Agreement Between Yukon Hospital Corporation and The Professional Institute of the Public Service of Canada

Alternate Format

INDEX OF SECTIONS

PART A EMPLOYER – INSTITUTE RELATIONS

ARTICLE A-1 PURPOSE OF AGREEMENT