SUN-RT Collective Agreement (Anglais)

(Anglais seulement)

 

TABLE OF CONTENTS

ARTICLE 1 – PURPOSE 1
ARTICLE 2 – DEFINITIONS 2
ARTICLE 3 – RECOGNITION 3
ARTICLE 4 – MANAGEMENT RIGHTS 3
ARTICLE 5 – NO DISCRIMINATION 4
ARTICLE 6 – NO STRIKES, NO LOCKOUTS 4
ARTICLE 7 – UNION SECURITY 4
ARTICLE 8 – REPRESENTATION AND COMMITTEES 5
ARTICLE 9 – GRIEVANCE AND ARBITRATION PROCEDURE 7
ARTICLE 10 – ACCESS TO EMPLOYEE’S PERSONNEL FILES 11
ARTICLE 11 – SENIORITY 11
ARTICLE 12 – JOB POSTING 14
ARTICLE 13 – LAYOFF AND RECALL 15
ARTICLE 14 – LEAVES OF ABSENCE 17
ARTICLE 15 – SICK LEAVE 23
ARTICLE 16 – HOURS OF WORK 25
ARTICLE 17 – OVERTIME 26
ARTICLE 18 – PAID HOLIDAYS 28
ARTICLE 19 – VACATIONS 30
ARTICLE 20 – HEALTH AND WELFARE BENEFITS 32
ARTICLE 21 – PROFESSIONAL DEVELOPMENT AND ADVANCEMENT 36
ARTICLE 22 – COMPENSATION 37
ARTICLE 23 -TECHNOLOGICAL CHANGE 39
ARTICLE 24 – GENERAL 40
ARTICLE 25 – DURATION 40
SIGNATURE PAGE 40
LETTER OF UNDERSTANDING – SERVICE PREMIUM 42
LETTER OF UNDERSTANDING –EDUCATION COMMITTEE
LETTER OF UNDERSTANDING-AREA OF ASSIGNMENT
LETTER OF UNDERSTANDING-LIABILITY INSURANCE
LETTER OF UNDERSTANDING-STATUTORY HOLIDAYS
SCHEDULE “A” HOURLY WAGE RATES

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ARTICLE 1 – PURPOSE

1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Sunnybrook Health Sciences Centre (the Hospital) and the Employees covered by this Agreement; to provide for ongoing means of communication between the Professional Institute of the Public Service of Canada (the Union) and the Hospital and the prompt disposition of grievances and the final settlement of disputes; to establish and maintain mutually satisfactory remuneration, hours of work and other conditions of employment in accordance with the provisions of this Agreement; and to work together to secure the best possible care and health protection for patients.

The parties recognize that it is in their mutual interest to build positive relationships, which create and maintain a harmonious and positive labour relations working environment within the Hospital.

1.02 Plural or Masculine Terms May Apply

Wherever the singular or feminine is used in this Agreement it shall be considered as if the plural or masculine has been used where the context so requires.

ARTICLE 2 – DEFINITIONS

2.01 “Employee” shall include only such persons coming within the scope of the bargaining unit described in Article 3.01.

2.02 “Union representative” means a member of the bargaining unit duly appointed by the Union in accordance with its by-laws and regulations.

2.03 For the purposes of this Agreement the term “Supervisor” means a person who exercises managerial functions and who is excluded from the bargaining unit.

ARTICLE 3 – RECOGNITION

3.01 The Hospital recognizes the Professional Institute of the Public Service of Canada as the Bargaining Agent of all Radiation Therapists, Dosimetrists, Radiation Therapist Clinical Coordinators, Clinical Education Director/Clinical Coordinator and Clinical Educator employed by the Hospital, in the City of Toronto, save and except Manager Radiation Therapy, Education and Research, Student Radiation Therapists, Supervisors and persons above the rank of Supervisor.

3.02 Professional Certification and Licensing Requirements

All Radiation Therapists, Dosimetrists and Clinical Coordinators, Clinical Education Director/Clinical Coordinator and Clinical Educator, as a condition of their continued employment with the Hospital, are required to present to their Department Head within a period of not more than thirty (30) calendar days following their birthday each year their proof of current certification and licensing with the College of Medical Radiation Technologists of Ontario (CMRTO). Such time will be extended for satisfactory reasons where the CMRTO permits the Employee’s certificate to remain in effect.

If the Employee’s Certificate of Registration is suspended by the College of Medical

Radiation Technologists of Ontario for non-payment of the annual fee, the Employee will be placed on non-disciplinary suspension without pay. If the Employee presents evidence that her Certificate of Registration has been reinstated, she shall be reinstated to her position effective upon presenting such evidence. Failure to provide evidence within 90 calendar days of the Employee being placed on non-disciplinary suspension by the Hospital will result in the Employee being deemed no longer qualified and the Employee shall be terminated from the employ of the Hospital. Such termination shall not be the subject of a grievance or arbitration.

Where an Employee is in a position other than in a Radiation Therapist position with duties and responsibilities, which are subject to the Regulated Health Professions Act, they shall be treated in a manner consistent with this Article.

The parties agree that current CPR certification is mandatory for all employees. Where the Hospital authorizes the Employee to attend recertification training within her regularly scheduled working hours, the Employee shall suffer no loss of regular pay. Where the Hospital requires the Employee to attend this training outside of her regularly scheduled working hours, the Employee shall be paid for all time spent in attendance at her regular straight time rate of pay. If an Employee allows her certification to lapse, the Employee must obtain recertification on her own time and at her own expense.

3.03 Categories of Employees

(a) A full-time Employee is one who is regularly scheduled to work the normal full time hours of work as defined under Article 16.01.

(b) A part-time Employee is one who is regularly scheduled to work less than the normal full time hours of work as defined under Article 16.01.

Part-time employees are classified under two categories:

(i) A regular part-time employee who normally is regularly scheduled to work twenty-one (21) hours or more per week.

(ii) A part-time employee who normally is regularly scheduled to work less than twenty-one (21) hours per week.

(c) A term Employee is one who is appointed to a position or vacancy for a specified term or duration. Term Employees may be hired for a specific purpose, for either a definite or an indefinite term, as follows:

(i) to replace an Employee who is absent from work, whether because of a personal leave of absence, sick leave, pregnancy leave or otherwise, in which case the period of term employment shall not exceed the absentee’s leave, or twelve (12) months, whichever is the shorter period; or

(ii) to perform a special non-recurring task or project, in which case the period of term employment shall not exceed twenty-four (24) consecutive months.

The Union shall be notified in writing of all term appointments expected to be twelve (12) months or longer.

Upon the written consent of the Union, the period of term employment specified in (i) or (ii), above, may be extended for an additional period.

In the event that the Hospital extends a term appointment, as provided above, the Union shall be notified in writing at the time the Hospital decides that such an extension will be necessary.

A full-time term Employee who has been appointed for a period of twelve (12) months or longer, shall be entitled to participate in the Hospital’s benefit plans, as provided under Article 20. It is understood and agreed that such Employees shall not be entitled to receive percentage-in-lieu-of-benefits payments.

It is understood that a term Employee may be terminated for any reason during the period of her employment at the sole discretion of the Hospital without recourse to the grievance or arbitration procedure.

In the event that a term Employee is appointed to a permanent position, she shall be considered as a probationary Employee as provided under Article 11.01 (b). Upon the successful completion of the probationary period in a permanent position to which a temporary employee has been the successful applicant, she shall then be credited with the appropriate seniority and service inclusive of the period of her prior temporary employment since their most recent date of hire.

(d) A casual Employee is an Employee who is employed on a casual or ad hoc, as needed basis. Casual Employees are not entitled to accrue seniority or service and shall not be eligible to participate in the Hospital benefit plans or receive any in lieu of benefits payment. It is understood that a casual Employee may be terminated for any reason during the period of their employment at the sole discretion of the Hospital without recourse to the grievance or arbitration procedure.

ARTICLE 4 – MANAGEMENT RIGHTS

4.01 The Union recognizes that the management of its operations and the direction of the working forces are fixed exclusively in the Hospital and shall remain solely with the Hospital except as specifically limited by the provisions of this Agreement and without restricting the foregoing, the Union acknowledges that it is the exclusive function of the Hospital to:

(a) maintain order, discipline and efficiency;

(b) hire, assign, retire, discharge, direct, demote, promote, classify, transfer, lay off, recall and suspend or otherwise discipline Employees who have completed their probationary period, for just cause, provided that any such action contrary to the provisions of the Agreement may be subject to a grievance and dealt with as provided herein;

(c) determine, in the interest of efficient operation and highest standard of service, including research and education, job rating or classification, the hours of work, work assignments, methods of doing the work and the working establishment for the service;

(d) generally to manage the operation that the Hospital is engaged in and without restricting the generality of the foregoing, to determine the number of personnel required, the services to be performed, and the methods, procedures and equipment in connection therewith;

(e) make, enforce and alter from time to time reasonable rules and regulations to be observed by the Employees.

4.02 These rights shall not be exercised in a manner inconsistent with the provisions of this Agreement.

4.03 No Employee shall be required or permitted to make a written or verbal agreement with the Hospital or its representatives which conflicts with the terms of this Collective Agreement.

ARTICLE 5 – NO DISCRIMINATION

5.01 The Hospital and the Union agree that there will be no discrimination, intimidation, interference, restriction or coercion exercised or practised by any of its representatives with respect to any Employee because of her membership activities on behalf of the Union, or non-membership in the Union, or by reason of exercising her rights under the Collective Agreement.

5.02 Both parties agree to abide by the provisions of the Ontario Human Rights Code, as amended.

5.03 Both parties agree that the Hospital policy on harassment will apply.

ARTICLE 6 – NO STRIKES, NO LOCKOUTS

6.01 The Union agrees there will be no strikes and the Hospital agrees there will be no lockouts during the term of this Agreement. The terms “strike” and “lockout” shall bear the meaning given them in the Ontario Labour Relations Act.

ARTICLE 7 – UNION SECURITY

7.01 The Hospital will deduct from each Employee covered by this Agreement, an amount equal to the regular monthly Union dues designated by the Union.

7.02 Such dues shall be deducted monthly and in the case of new Employees, such deductions shall commence on the Employee’s first pay following the hire date.

7.03 The amount of the regular monthly dues shall be those authorized by the Union and the Executive Secretary of the Union shall notify the Hospital of any changes therein and such notification shall be the Hospital’s exclusive authority to make the deduction specified.

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

7.05 The amounts so deducted shall be remitted monthly to the Section Head, Membership Services of the Union, no later than the end of the month following the month in which the dues were deducted. In remitting such dues, the Hospital shall provide a list of Employees from whom deductions were made, including deletions (indicating terminations) and additions from the preceding month and their social insurance numbers. A copy of this list will be sent to the local Union representative, if any.

7.06 The Hospital agrees that an officer of the Union or Union representative shall be allowed up to fifteen (15) minutes during regular working hours to interview newly hired Employees, to discuss Union business, during the new Employee’s first month of employment. During such interview, membership forms may be provided to the Employee.

7.07 The Hospital will provide each Employee with a T-4 Supplementary Slip showing the dues deducted in the previous year for Income Tax purposes, where such information is, or becomes, readily available through the Hospital’s payroll system.

7.08 The Hospital agrees to make the current copy of the collective agreement in effect between the parties available on the Hospital’s intranet (sunnynet.ca).

7.09 The Union agrees there shall be no Union activity, solicitation for membership, or collection of Union dues on the Hospital’s premises except with the written permission of the Hospital or as specifically provided for in this Agreement.

ARTICLE 8 – REPRESENTATION AND COMMITTEES

8.01 The Union may elect, appoint or otherwise select and the Hospital will recognize four (4) representatives at the Hospital from among Employees in the bargaining unit for the purpose of dealing with Union business as provided under this Collective Agreement.

8.02 Union representatives and members of committees have their regular work to perform on behalf of the Hospital. If it is necessary for a representative member to deal with grievances or other Union business connected with this Agreement during their scheduled hours of work, they shall not leave their work area without first obtaining the permission of the Supervisor or alternate. When resuming their regular work, they shall again report to the Supervisor or alternate. In accordance with this understanding, a local Union representative shall suffer no loss of regular wages for regularly scheduled working hours lost due to attendance at meetings related to the resolution of a grievance with the Hospital, up to but not including arbitration. It is understood that any travel expenses, which may be incurred as a result of Union representatives attending grievance meetings or any other proceedings, related to the grievance with the Hospital shall be the sole responsibility of the Union.

8.03 Negotiating Committee

The Hospital will recognize a Negotiating Committee of up to three (3) Employees to negotiate renewal Agreements with the Hospital.

Time spent absent from regular scheduled duties by the Negotiating Committee shall be without loss of remuneration during all negotiation meetings with the Hospital, up to but not including arbitration. It is understood that any travel expenses, which may be incurred as a result of Union representatives attending any meetings with the Hospital pertaining to negotiations including conciliation, mediation and arbitration, shall be the sole responsibility of the Union.

8.04 Labour-Management Committee

The parties agree to appoint a joint Labour-Management Committee of up to three (3) Employees appointed by the Union and up to three (3) representatives appointed by the Hospital. The members of the Labour-Management Committee may meet from time to time to discuss matters of mutual concern and interest between the parties during the term of this Agreement, at such times as the parties may mutually agree.

It is understood that this committee shall not have the authority to discuss or resolve any grievance or matter or issue which is properly the subject matter of negotiations of the Collective Agreement.

The duties of the Chairperson and Secretary shall alternate between the parties. Agenda items will be exchanged in writing at least one (1) calendar weeks prior to the meeting. A record shall be maintained of matters referred to the Committee and the recommended disposition, if any, unless agreed to the contrary. Copies of the record shall be provided to Committee members.

Employee representatives attending such Labour-Management Committee meetings shall be paid for wages lost from regularly scheduled working hours. It is understood that any travel expenses, which may be incurred as a result of Union representatives attending meetings with the Hospital, shall be the sole responsibility of the Union. The Union’s Staff Representative and a representative from the Hospital’s Human Resources Department may also attend such meetings as may be requested, provided that prior notice has been given to the other party.

8.05 All reference to Union representatives, committee members and officers in this Agreement shall be deemed to mean Union representatives, committee members or officers of the Union who are Employees of the Hospital.

8.06 If approval is obtained in advance from the designated Hospital Representative at the Hospital, the Union may hold meetings on the Hospital premises.

8.07 The Hospital shall grant permission for access to its premises to a representative of PIPSC for the purposes of investigating grievances or attending Hospital approved meetings. The PIPSC representative shall have access to the premises only by prior approval of the Hospital.

8.08 The Union will inform the Hospital’s Director, Labour and Employee Relations and designated Hospital Representatives at the Hospital of the names of the Union representatives and/or committee members and officers of the Union and the effective date of their appointments.

8.09 All correspondence between the Hospital and the Union arising out of this Agreement shall pass to and from the Union’s Hospital contact or the Union’s PIPSC Staff Representative, and the designated Hospital Representative at the Hospital.

8.10 Health and Safety

The Hospital and the Union agree to abide by the provisions of the Occupational Health and Safety Act. The Union shall have the right to appoint one member of the bargaining unit to the Hospital’s Joint Health and Safety Committee.

The Hospital agrees to provide the Employee with a copy of the relevant WSIB form at the same time as it is sent to the Board.

8.11 Modified Work

The Hospital will notify the Union’s Occupational Health and Safety representative of the names of all Employees who go off work due to a work related injury or when an Employee goes on Long Term Disability (LTD).

When it has been medically determined that an Employee is unable to return to the full duties of her position due to a disability that is expected to exceed four (4) weeks, the Hospital will notify and meet with a representative of the Union to discuss the circumstances surrounding the employee’s return to suitable work. An Employee may request the presence of a union representative at return-to-work discussions.

The Hospital, with the Employee’s consent, will inform the Union within seventy-two (72) hours of Occupational Health receiving an incident report from any Employee who has been assaulted while performing her work of such assault.

The Hospital will consider requests for reimbursement for damages incurred to the Employee’s personal property such as eyeglasses and clothing as a result of being assaulted during the course of her employment. It is understood that the Employee will first seek compensation for such damages from WSIB.

The parties acknowledge the Hospital’s policies on the duty to accommodate.

ARTICLE 9 – GRIEVANCE AND ARBITRATION PROCEDURE

9.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

9.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, an Employee is entitled to be represented by a local Hospital Union representative, if available. Representation may be provided via teleconference.

9.03 It is the mutual desire of the parties hereto that complaints of Employees shall be adjusted as quickly as possible, and it is understood that an Employee has no grievance until she has first given her immediate Supervisor the opportunity of responding to the complaint. Such complaint shall be discussed with her immediate Supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Employee.

Failing settlement of the complaint within nine (9) calendar days of being so discussed with the immediate Supervisor, it may then be taken up as a written grievance at Step No. 1, within nine (9) calendar days following the date on which the Employee has been advised of the Supervisor’s decision, or failing any reply it may then be taken up as a written grievance at Step No. 1 within a period of fourteen (14) calendar days following the initial complaint.

Step No. 1

The Employee, with the assistance of a Union representative, if available, may submit a written grievance, signed by her, to the Manager. The nature of the grievance, the remedy sought and the section or sections of the Agreement, which are alleged, to have been violated shall be set out in the grievance. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Manager will deliver their decision in writing within nine (9) calendar days following the day on which the grievance was presented to her (or any longer period which may be mutually agreed). Failing settlement, the next step in the grievance procedure may be taken.

Step No. 2

Within nine (9) calendar days following the decision under Step No. 1, the Employee, with the assistance of a Union representative, if available, may submit the written grievance to the Hospital’s designated Hospital Representative for Step 2. A meeting will then be held, within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties, between the Hospital’s Management Representatives and up to two (2) Institute steward and/or representatives. It is understood that the Grievor may attend this meeting. A decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.

9.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days from the time that the circumstances giving rise to the complaint or grievance were known or should have been known to the Union or the Hospital, and the grievance process shall apply, with any necessary modifications, to the Union policy grievance or the Hospital grievance, as the case may be. A member of the Hospital’s Union Executive and/or a Union Staff Representative shall sign a Union policy grievance.

9.05 Where a number of Employees in the Hospital have identical grievances and each Employee would be entitled to grieve separately, they may present a group grievance in writing signed by each Employee who is grieving to the Manager responsible for their department, or alternate, within fourteen (14) calendar days after the circumstances giving rise to the grievance were known or ought reasonably to have been known to the Employees. The grievance shall then be treated, as being initiated at Step No. 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.

9.06 The release of a probationary Employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary Employee is released for:

(a) reasons which are arbitrary, discriminatory or in bad faith;

(b) exercising a right under this Agreement.

The Hospital agrees to provide written reasons for the release of a probationary Employee within seven (7) days of such release.

A claim by the Union that a probationary Employee has been unjustly released shall be treated as a grievance, provided the Employee is entitled to grieve, if a written statement of such grievance is lodged by the Employee with the designated Hospital Representative at Step No. 2 within seven (7) days after the date the release is affected. Such a grievance shall be treated as a special grievance as set out below.

The Hospital agrees to provide written reasons within seven (7) calendar days to the affected Employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed her

probationary period, without just cause.

A claim by the Union that an Employee, who has completed her probationary period, has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the designated Hospital Representative at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:

(i) confirming the Hospital’s action in dismissing the Employee; or

(ii) reinstating the Employee with or without loss of seniority and with or without full compensation for the time lost; or

(iii) by any other arrangement which may be deemed just and equitable.

9.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within fourteen (14) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned.

9.08 Either party may notify the other party in writing of its desire to submit the grievance to arbitration. Upon receipt of the notice, the other party shall acknowledge receipt in writing. Both parties shall then endeavour to select an impartial arbitrator to hear and resolve the grievance. Should the parties be unable to agree on an arbitrator within fourteen (14) calendar days after receipt of the request, either party may then request the Ministry of Labour for the Province of Ontario to appoint a sole arbitrator.

9.09 Upon mutual agreement of the parties in writing, an Arbitration Board composed of one nominee from each party and a Chairperson appointed by the nominees may be substituted for a sole arbitrator. The time limits and procedures set out in Clauses 9.06 and 9.07 shall apply to the appointment of nominees and the Chairperson. Each party will pay the fees and expenses, if any, of its own nominee and shall share equally the fees and expenses, if any, of the Chairperson.

9.10 The arbitrator shall hear and determine the grievance. The decision of the arbitrator shall be final and binding upon the parties and upon the Employee(s) affected by it.

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

9.12 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement

9.13 Each of the parties hereto will share equally the fees and expenses, if any, of the arbitrator.

9.14 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned.

9.15 The parties may agree to waive or extend any of the time limits established in the grievance and arbitration procedures.

9.16 No matter may be submitted to arbitration, which has not been properly carried through the grievance procedure within the times specified, provided that the parties may extend the time limits in the grievance procedure by mutual agreement in writing. Where a response is not given by a party within the specified time limit in the grievance procedure, the other party may submit the grievance to the next step of the grievance procedure.

9.17 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the Employees.

9.18 Paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any step of the Grievance or Arbitration Procedures where the reference is calendar days.

ARTICLE 10 – ACCESS TO EMPLOYEE’S PERSONNEL FILES

10.01 A copy of any completed evaluation, which is to be placed