COLLECTIVE AGREEMENT
BETWEEN
WINDSOR REGIONAL HOSPITAL
(The “Employer”)
AND
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
in respect of the Windsor Regional Cancer Centre Radiation Therapy (WRH-RT) Group
(The “Union”)
Expires: September 30, 2019
TABLE OF CONTENTS
ARTICLE 6 – NO STRIKES, NO LOCKOUTS
ARTICLE 8 – REPRESENTATION AND COMMITTEES
ARTICLE 9 – GRIEVANCE PROCEDURE
ARTICLE 10 – ARBITRATION PROCEDURE
ARTICLE 11 – ACCESS TO EMPLOYEE’S PERSONNEL FILES
ARTICLE 14 – LAYOFF AND RECALL
ARTICLE 15 – LEAVES OF ABSENCE
ARTICLE 16 – SICK LEAVE AND LONG TERM DISABILITY
ARTICLE 18 – OVERTIME AND PREMIUM PAY
ARTICLE 21 – HEALTH AND WELFARE BENEFITS
ARTICLE 23 – PROFESSIONAL DEVELOPMENT AND ADVANCEMENT
ARTICLE 25 -TECHNOLOGICAL CHANGE
SCHEDULE “A” HOURLY WAGE RATES
Re: Pay Equity Maintenance Agreement
Re: Creation of 0.8/0.9 FTE Positions
ARTICLE 1 – PURPOSE
1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and the Employees covered by this Agreement; to provide for ongoing means of communication between the Professional Institute of the Public Service of Canada (the Union) and the Employer 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.
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 such as steward, committee members, officers of the Union.
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 Employer recognizes the Professional Institute of the Public Service of Canada as the Bargaining Agent of all Radiation Therapists and Dosimetrists, working in the positions of Radiation Therapist, Clinical Education Leader, Dosimetrist and including the work assignment of Resource Therapist within the Radiation Therapy Treatment Program, employed by Windsor Regional Hospital, save and except supervisors, Student in training and persons covered by subsisting collective agreements
3.02 Professional Certification and Licensing Requirements
All Radiation Therapists and Dosimetrists, as a condition of their continued employment with the Centre, 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.
An Employee returning to work from a leave of absence must provide her Supervisor with evidence that her certification and licensing with CMRTO is in good standing prior to returning to work.
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 Centre will result in the Employee being deemed no longer qualified and the Employee shall be terminated from the employ of the Centre. 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, she 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 schedules the Employee to attend recertification training within her regularly scheduled working hours, the Employee shall suffer no loss of regular pay. Where the Hospital schedules 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 17.01.
(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 17.01.
(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 twelve (12) consecutive months, unless the parties agree to a longer term not to exceed twenty four 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 Employer extends a term appointment, as provided above, the Union shall be notified in writing at the time the Employer 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, (including cumulative consecutive terms adding up to twelve (12) months or more) shall be entitled to participate in the Employer’s benefit plans, as provided under Article 21which does not include sick leave and LTD coverage. It is understood and agreed that only if such Employees chooses to participate into these plans, she shall be entitled to receive save and except salary and vacation pay, an amount equal to a percentage-in-lieu payments (for holiday pay, SUB payments and pension) of 9% of her regular straight time hourly rate for all straight time hours paid.
It is understood that a term Employee who has worked less than 450 hours may be terminated for any reason during the period of her employment at the sole discretion of the Employer without recourse to the grievance or arbitration procedure.
In case of termination, a term Employee who has worked 450 hours and more, will be subject to the grievance or arbitration procedure, if the termination is for reasons that are arbitrary, discriminatory or in bad faith, or due to the Employee exercising a right under this Agreement.
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 12.01 (b). Upon the successful completion of the probationary period in a permanent position to which a term employee has been the successful applicant she shall then be credited with the appropriate seniority and service inclusive of the period of her prior term employment since her 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 Employer 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 Employer 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 Employer and shall remain solely with the Employer 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 Employer 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 Employer 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 Employer or its representatives which conflicts with the terms of this Collective Agreement.
ARTICLE 5 – NO DISCRIMINATION
5.01 The Employer and the Union agree that there will be no discrimination, intimidation, interference, restriction or coercion exercised or practiced by any of its representatives with respect to any Employee because of his membership activities on behalf of the Union, or non-membership in the Union, or by reason of exercising his rights under the Collective Agreement.
5.02 Both parties agree to abide by the provisions of Ontario’s Human Rights Code, as amended and any policies pertaining to harassment as established by the Employer.
5.03 Both parties agree that the Employer’s policy on harassment will apply.
ARTICLE 6 – NO STRIKES, NO LOCKOUTS
6.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The terms “strike” and “lockout” shall bear the meaning given them in Ontario’s Labour Relations Act.
ARTICLE 7 – UNION SECURITY
7.01 The Employer 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 first of the month following the date of hire.
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 Employer of any changes therein and such notification shall be the Employer’s exclusive authority to make the deduction specified.
7.04 In consideration of the deducting and forwarding of the Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising from the operation of this Article.
7.05 The amounts so deducted shall be remitted monthly to the Executive Secretary 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 Employer 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 Employer 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 Employer will provide each Employee with a T-4 Supplementary Slip showing the dues deducted in the previous year for Income Tax purposes, where such information is, or becomes, readily available through the Employer’s payroll system.
7.08 During the orientation process, the Employer will provide each new Employee with a copy of the current Collective Agreement.
7.09 The Union agrees there shall be no Union activity, solicitation for membership, or collection of Union dues on the Employer’s premises except with the written permission of the Employer 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 Employer will recognize representatives from among Employees in the bargaining unit for the purpose of dealing with Union business as provided under this Collective Agreement.
The Hospital will grant the Bargaining Unit President one (1) day (7.5 hours paid) off per month to attend to Union and bargaining unit business (apart from other union leaves under the collective agreement). Such day to be scheduled in advance with the manager and the parties will work together to schedule meetings that require the attendance of the Bargaining Unit President on such days where possible.
8.02 Union representatives and members of committees have their regular work to perform on behalf of the Employer. 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 Employer, 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 Employer shall be the sole responsibility of the Union.
8.03 Negotiating Committee
The Employer will recognize a Negotiating Committee of up to three (3) Union Representatives to negotiate renewal Agreements with the Employer.
Time spent absent from regular scheduled duties by the Negotiating Committee shall be without loss of remuneration during all negotiation meetings with the Employer, 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 Employer 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 two (2) Union Representatives and up to two (2) representatives appointed by the Employer. 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 two (2) 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 Employer shall be the sole responsibility of the Union. Upon mutual agreement, additional representatives of the parties 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, steward, 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 Employer.
8.06 If approval is obtained in advance from the designated Employer Representative, the Union may hold meetings on the Employer premises.
8.07 The Employer shall grant permission for access to its premises to a representative of PIPSC for the purposes of investigating grievances or attending Employer approved meetings. The PIPSC representative shall have access to the premises only by prior approval of the Employer.
8.08 The Union will inform the designated Employer Representatives 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 Employer and the Union arising out of this Agreement shall pass to and from the Union’s President or the designate or the Union’s PIPSC Staff Representative, and the designated Employer Representative.
8.10 Health and Safety
The Employer 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 Centre’s Joint Health and Safety Committee.
8.11 Modified Work Program
The Hospital and the Union agree to support the principle of prompt rehabilitation and return to work of injured workers. Further, the parties agree to comply with the return to work provisions as outlined in the Workplace Safety and Insurance Act (as amended from time to time). The process as outlined will apply to non-occupational injuries/illness in compliance with the obligations to accommodate employees under the Human Rights Code. Consequently, the following Modified Work Program will apply:
a) Once a claim is established with and approved by the Workplace Safety and Insurance Board or where an employee has a non-occupational related illness or injury, it will be monitored by the Hospital.
b) Where there is a reasonable possibility that the person may be able to return to work on modified duties, a Physical Demands Analysis will be completed for the injured worker’s job (unless it has been done for another case) and forwarded to the treating physician(s) along with a request to consider the worker as a candidate for modified work.
c) A Modified Work Plan (MWP) will be developed by the injured worker’s supervisor in consultation with the worker (with Union representation) and other qualified personnel as necessary, including the recommendations from the Employee’s Health Care Provider. The MWP will indicate the applicable restrictions and the expected length of rehabilitation. The MWP will be signed by the injured worker, his/her supervisor, and the Union Steward. There is a positive duty upon the worker to inform the Hospital if he or she is experiencing discomfort. It is understood that the Union Steward may accompany the worker to any meetings if the injured worker so desires.
d) If, during the course of rehabilitation, the worker is experiencing increased discomfort, the MWP will be adjusted or discontinued so as not to harm the worker. There is a positive duty upon the worker to inform the Hospital if he or she is experiencing discomfort.
e) It is understood that the Union Steward may accompany the worker to any meetings if the injured worker so desires.
f) The MWP will be monitored and will continue as required.
g) Specific elements of this Program may change from time to time to accommodate changing policies or legislation in which case the Union will be consulted.
ARTICLE 9 – GRIEVANCE 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 any stage of the grievance procedure, including the complaint stage, an employee is entitled to have a union representation.
9.03 Informal complaint resolution:
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 his/her immediate Supervisor/Manager within seven (7) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Employee. The Supervisor/Manager shall respond verbally within two (2) working days.
Failing settlement of the complaint (including no response) within seven (7) working days of discussion with her Supervisor/Manager, the complaint may then be taken up as a written grievance at Step No.1.
9.04 Grievance Process
Step No. 1
The Employee, through the Union, may submit a written grievance, signed by the Employee, to the Supervisor/Manager or designate. 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 Supervisor/Manager or designate shall deliver their decision in writing within seven (7) working days following the day on which the grievance was presented to her (or any longer period of time which may be mutually agreed). Failing settlement then:
Step No. 2
Within seven (7) working days following the date of the decision under Step No. 1, the grievance may be submitted to the Supervisor/Manager or designate. A meeting shall be arranged within seven (7) working days of the submission of the grievance to Step No. 2, unless extended by agreement of the parties, between the Hospital’s Management Representatives and up to two (2) Union representatives. It is understood that the grievor may attend this meeting. A decision of the Hospital shall be delivered in writing within seven (7) working days following the date of such meeting. Failing settlement (including no response) the matter may be submitted to Arbitration in accordance with Article 10;
Policy Grievance (Union grievance or Employer grievance)
A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) working 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 Employer, and the grievance process shall apply, with any necessary modifications, to the Union policy grievance or the Employer grievance, as the case may be. A Union grievance shall be signed by the Union President or designate and/or Union staff Representative.
Group Grievance
Where a number of Employees have identical grievances and each Employee would be entitled to grieve separately, they may present a group grievance, through the Union, in writing signed by each Employee who is grieving to the Supervisor/Manager or designate within fourteen (14) working days after the circumstances giving rise to the grievance were known or ought reasonably to have been known to the Employees. The grievance shall be 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.
9.05 Discipline/Termination of Employment
(a) At the time formal discipline is imposed, the Employee is entitled to be represented by a Union representative. Representation may be provided by teleconference. In the case of suspension or termination of employment, the Hospital shall notify the Employee of this right in advance. The Hospital also agrees, as a good labour relations practice, in most circumstances it will notify the local Union.
(b) The Hospital agrees that where an Employee is required to attend a meeting with the Hospital that may lead to disciplinary action, as a good labour relations practice, it will inform the Employee of the purpose of the meeting and their right to union representation.
(c) 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:
(i) Reasons which are arbitrary, discriminatory or in bad faith;
(ii) Exercising a right under this Agreement;
The Employer 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) working days after the effective date the of release. Such a grievance shall be treated as a special grievance as set out below in (e).
(d) The Employer agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed her probationary period without just cause.The Employer agrees to provide written reasons for the discipline/discharge to the Employee within seven (7) working days of the imposition of the discipline.
(e) 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) working days after the date the discharge or suspension is in effect. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
(i) confirming the Employer’s action in discipline/discharge 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.
9.06 The time limits set out in the Grievance Procedure are mandatory and failure to comply strictly with the time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned.
9.07 The parties may agree to waive or extend any of the time limits established in the grievance procedure.
9.08 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure within