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Canadian Blood Services
Agreed
upon items for the Re-Negotiation of the
COLLECTIVE
AGREEMENT
BETWEEN
CANADIAN
BLOOD SERVICES
TORONTO
AND HAMILTON CENTRES
(hereinafter referred to as the "Employer")
AND
THE
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION
AND ITS'
LOCAL’S 5101 and 210
(hereinafter referred to as the "Union")
COMBINED
FULL-TIME AND PART-TIME
April 1,
2002 2005 to March 31,
2005 2007
New language is in
bold, deletions are struck through,
discussion points are in italics.
ARTICLE 2 ‑
DEFINITIONS
As used in this
Agreement:
Employer
2.01 The Employer shall
mean the Canadian Blood Services (C.B.S.), Toronto
and Hamilton Centres. (Agreed July 12, 2005)
Employer (New)
2.07 “Site” shall mean
either the Toronto Centre or the Hamilton Centre.
(Agreed July 12, 2005)
Employer (new)
3.01 The Employer
recognizes the Ontario Public Service Employees Union
as the sole bargaining agent for all employees
classified as Medical Laboratory Technologists, Senior
Technologists, and Charge Technologists employed by
Canadian Blood Services at the Toronto and Hamilton
Blood Centres, and any other positions recognized by
the Employer and the Union as of March 31, 2005.
(Agreed July 12, 2005)
Union
5.01 The Employer and
the Union agree that there shall be no discrimination,
interference, restriction or coercion exercised or
practiced by either party with respect to any employee
by reason of age, sex, sexual orientation, marital
status, race, creed, colour, political or religious
affiliation disability or illness, or other
facts not pertinent with respect to employment, or by
reason of her membership in or non‑membership in the
Union, or activities or lack of activities on behalf
of the Union or any of its affiliated organizations.
(Agreed May 30, 2005)
Employer
5.02 The Employer,
Union, and employees shall abide by the Ontario Human
Rights Code, the Occupational Health and Safety Act,
Workplace Safety and Insurance Act. (Agreed July
12, 2005)
Union
7.01 The Employer will
deduct from each employee in the bargaining unit an
amount equal to the regular monthly dues designated by
the Union commencing the date the employee is hired.
The amount of the regular monthly dues shall be as
certified to the Employer, in writing, by the Director
of Financial Administration of the Union from time to
time. The amounts so deducted shall be remitted by the
Employer to the Union's Director of Finance no later
than the 15th of the month following the month in
which deductions were made. (Agreed May 12, 2005)
Union
8.01 Grievance
Committee/Union Stewards
(a) The Employer agrees
to recognize a Grievance Committee at each site
composed of two (2) employees from the bargaining
unit, who shall be Union Stewards elected or appointed
from amongst employees in the bargaining unit, for the
purpose of handling grievances as provided for in this
Collective Agreement. (Agreed May 30, 2005)
Employer
8.02 Labour/Management
Committee
(a) The Employer
recognizes a Labour/Management Committee at each
site. The purpose of this Committee is to promote
and provide effective and meaningful communication of
information and ideas and to discuss matters of mutual
concern. Matters may be referred to the Committee by
the Local or by the Employer. (Agreed June 22, 2005)
Union
(b) The Committee at
each site shall be composed of two (2) employee
representatives of the bargaining unit except for
special mutually agreed circumstances. The Committee
may have alternates to replace a member from time to
time. The parties agree that there shall be equal
representation from the bargaining unit and from
management on this Committee. (Agreed June 22, 2005)
Employer
8.03 Negotiating
Committee
(a) The Employer
recognizes a Union Negotiating Committee
composed of three (3) employees from the bargaining
unit. The purpose of this Committee is to negotiate
with the Management Negotiating Committee the
Collective Agreement and renewals thereof
agrees to recognize a Union Negotiating committee
comprised of one (1) employee representative,
representing both full-time and part-time employees,
elected or appointed from amongst the bargaining unit
employees at each Blood Services Centre except the
Toronto Centre which will be entitled to two (2)
representatives. The Union shall notify the National
Human Resources Office, Employee Relations, in
writing, with a copy to each Human Resources
representative, of the names of the members of the
Union Negotiating Committee at the time of serving of
written notice, of the Union’s desire to commence
bargaining in accordance with Article 32 or no later
than eight (8) weeks prior to the commencement of
negotiations.
Such representatives
shall be granted leave of absence for the time off
required to exercise the duties of such appointment,
subject to operational requirements. Such leave of
absence shall not be unreasonably withheld.
(Agreed July 12, 2005)
(b) The Employer agrees
that the members of the Union Negotiating Committee
shall suffer no loss of earnings for time spent during
their regular scheduled working hours in attending
negotiation meetings with the Management Negotiating
Committee up to and including conciliation and
mediation; provided that the employee has
first obtained permission from a member of management
to leave her work station or assigned duties. Such
permission Attendance shall be subject to
operational requirements and will not be
unreasonably withheld. (Agreed July 12, 2005)
Employer
8.07 Attendance of
Management Staff in Committee Meetings
The number of
Management representatives, attending any of the above
named Committee meetings, shall be at the discretion
of the Centre Director or Laboratory Manager
Employer and shall not exceed four (4) persons
except for special mutually agreed circumstances.
(Agreed May 12, 2005)
Union
8.08 LOCAL TIME OFF
The Employer agrees
to provide paid time off for the Local President/Unit
steward or designee for the purpose of conducting
Union business related to the implementation and
administration of the Collective Agreement. The
Employer will pay up to four (4) hours monthly. This
time may not be carried over beyond the month in which
it is allocated.
For greater clarity
the purpose of this Presidential/Union Steward leave
is to conduct the affairs of the Local other than
those that are covered elsewhere in this Collective
Agreement. (Agreed July 12, 2005)
Employer
8.09 Professional
Practice Protocol
It is agreed by the
parties that it is important to have a mechanism to
address concerns relative to the practice of Medical
Laboratory Technology in a regulated environment,
concerns regarding current and/or new methods of
operations to ensure quality practices, and compliance
with GMP within the laboratory.
(a) Any
Technologists(s) may raise a concern regarding the
principles outlined in the preamble above by
submitting their concern in writing, to their Manager.
(b) The Manager
shall provide a response to the technologist(s) within
ten (10) working days (unless otherwise mutually
agreed).
(c) Where concern
remains at issue, it shall be submitted to the
Director, within seven (7) working days (unless
otherwise mutually agreed). Where no Director exists,
the concern may be addressed by 8.09 (e) below.
(d) The Director
shall provide a response to the technologist(s) within
ten (10) working days (unless otherwise mutually
agreed).
(e) Where a concern
remains at issue, the matter shall be submitted to the
Executive Director or the equivalent position if
otherwise created by the employer.
(f) The Executive
Director or equivalent shall provide the
technologist(s) with a final disposition on the issue
within fifteen (15) working days.
The parties agree
that this protocol, or any matter arising from this
protocol, shall not be subject of a grievance.
(Agreed June 22, 2005)
Employer
9.03 Complaint Stage
(b) Such complaint
shall be discussed by the employee with the Laboratory
Manager or her designate, within ten (10)
fifteen (15)
working days after the circumstances giving rise to it
have occurred or ought reasonably to have come to the
attention of the employee. (Agreed June 22, 2005)
Union
9.03 (c) Failing
settlement within seven (7) ten (10) working days, the
employee may convert her complaint into a written
grievance to be submitted within seven (7)
ten (10)
working days following the employee's receipt of the
decision of the Laboratory Manager or designate.
Processing of the grievance shall take place in the
following manner and sequence. (Agreed May 30, 2005)
Employer
9.05 Step 2
Within ten (10) working
days following the decision in Step 1, the employee(s)
may submit the grievance in writing to the Centre
Director Human Resources Manager or designate, who shall
reply in writing to the grievor(s) within ten (10)
working days following submission of the grievance.
During these ten (10) working days, either party may
request a meeting of the Grievance Committee to discuss
the grievance. If the decision of the Centre Director is
unsatisfactory to the grievor(s), it may be referred to
Arbitration under Article 10 of this Agreement. (Agreed
May 12, 2005)
Employer
13.01 When the Employer
determines that a vacancy exists, or when the Employer
creates a new position in the bargaining unit, such
vacancy shall be posted for a period of seven (7)
nine
(9) calendar days. Applications for such vacancies shall
be made in writing within the seven (7) day period
referenced herein. (Agreed May 30, 2005)
Union
13.12 (d) Employees will
return to their home position at the end of a Temporary
assignment. (Agreed May 12, 2005)
Union
14.01 In the event of an
intended layoff of a permanent or long term nature, the
Employer will:
(b) within two (2) weeks
of providing such notice the notice of layoff in (a)
above, meet with the Union through the Labour/Management
Committee to review the following: (Agreed May 30, 2005)
Employer
14.01 (b) (iii)
ways the
Employer may assist employees to find alternate
employment alternatives that might be resorted to in
order to minimize the number of employees to be laid
off. (Agreed July 12, 2005)
Employer (new)
14.01 (c) To facilitate
discussions of the above review, CBS will provide the
Union with staffing information and a copy of any
reorganization plans which impact on the bargaining
unit. Any agreement between the Employer and the Union
resulting from the above review concerning the method of
implementation will take precedent over the terms of
layoff in this Agreement. (Agreed July 12, 2005)
Employer
14.02 (a) Notice of
layoff shall be in accordance with the provisions of the
Employment Standards Act. The Employer shall provide
employees with ninety (90) days notice of layoff. Such
notice may be concurrent with the notice provided to the
Union contemplated by Article 14.01 (a). (Agreed July
12, 2005)
Employer (new)
14.02 (b) In the event
that an employee is laid off pursuant to Article 14.03,
insured benefits that the employee was participating in
immediately prior to the layoff, excluding LTD, may be
continued for a period of three (3) policy months
following the layoff. The employee must make
arrangements with the Employer for the prepayment of the
full cost of premiums (Employers and employees share) to
ensure continuing coverage. (Agreed July 12, 2005).
Employer
14.04 (b) It is
understood that the employee who bumps another employee
must have the required qualifications and be able to
perform the duties of the displaced employee’s job with
training provided by the Employer. Such training shall
not exceed the normal training that a new employee would
receive upon commencing her employment for that specific
job. (Agreed June 22, 2005)
Union
14.05 An employee who has
displaced an employee in a lower paying classification
shall be entitled to return to the position she held
prior to the displacement, should it become vacant
within twenty-four (24) months of the displacement,
provided the employee remains qualified and able to
perform the duties of her former position or equivalent
position under a new title. (Agreed May 30, 2005)
Employer (amended)
14.10 Severance
(a) Notice as
contemplated by Article 14.02, unless an employee is
voluntarily laid off subject to Article 14.12 below, in
which case no notice period shall apply.
(b) The choice of recall
rights as contemplated by Article 14.06 or, for
employees with greater than five (5) years service, a
severance payment equivalent to two (2) weeks pay for
each year of service to a maximum of twenty-six (26)
fifty-two (52) weeks. (Agreed, July 12, 2005)
Employer
14.12 Voluntary Layoff
Notwithstanding the
foregoing, concurrent with issuing layoff notification
to employees, the Employer shall consider requests from
employees in the affected section(s) to be laid off in
the following manner:
(a) The Employer will
canvass employees in the affected section(s) to
determine if any of those employees wish to voluntarily
terminate employment with the Employer. The Employer
will provide an irrevocable letter of intent to any
interested employee. Employees shall request to take
voluntary layoff by signing the irrevocable letter of
intent within fourteen (14) calendar days. The
irrevocable letter of intent will be in effect for
thirty (30) calendar days from the date of signing of
the letter.
(b) The Employer shall
first consider requests from employees who are eligible
to retire in accordance with the provisions and
requirements of the C.B.S. Pension Plan. Should the
Employer grant the request, subject to Article 14.12 (c)
below, the employee shall forfeit her right to notice
and shall be eligible for a severance payment as
contemplated by Article 14.10 (b) to (e).
(c) Should an
insufficient number of employees volunteer pursuant to
Article 14.12 (b) above, the Employer shall consider
requests from all other employees in the affected
section(s). Should the Employer grant the request,
subject to Article 14.12 (c) below, the employee shall
forfeit her right to notice and shall be eligible for a
severance payment as contemplated by Article 14.10 (b)
to (e).
(c) The Employer shall
grant layoff requests made by employees pursuant to
Article 14.12 (b) and (c) above in seniority order,
providing that operational requirements are maintained
to the satisfaction of the Employer.
(d) If the required
number of employees are not laid off pursuant to
Articles 14.12 (b) and (c) above, Article 14.03 shall
apply.
Employer (new, renumber
subsequent Articles)
16.04 Maternity /
Parental / Adoption Supplemental Employment Benefit (SEB)
The Employer will
implement a Supplemental Employment Benefits Plan
effective October 1, 2005. Employees commencing
maternity or parental/adoption leave on or after October
1, 2005 will receive the Supplementary Employment
Benefits if they meet eligibility requirements.
Maternity/Parental/Adoption Supplemental Employment
Benefit (SEB) shall only apply to Regular Full-time and
Regular Part-time employees.
Eligible employee shall
mean an employee who has completed at least thirteen
(13) weeks of employment prior to commencing her/his
maternity and/or parental/adoption leave, and who is in
receipt of Employment Insurance maternity or parental
benefits.
Employees on maternity or
parental/adoption leave as at October 1, 2005 will be
eligible to receive the SEB from Ocotber 1, 2005
onwards, subject to their continuing eligibility under
the Employment Insurance Act.
Maternity Supplemental
Employment Benefits
An employee, who is in
receipt of Employment Insurance (EI) maternity benefits
pursuant to the Employment Insurance Act, shall be paid
a SEB that is equivalent to the difference between the
gross weekly EI benefit the employee is eligible to
receive and seventy-five percent (75%) of the employee’s
gross weekly rate of pay. This SEB payment shall
commence following completion of the two (2) week EI
waiting period and upon submitted proof of receipt of EI
benefits. The SEB payment shall continue while the
employee is in receipt of EI maternity benefits for a
maximum of fifteen (15) weeks.
CBS will pay seventy-five
percent (75%) of the employee’s gross weekly rate of pay
for the two-week waiting period required for maternity
benefits under the Employment Insurance Act.
Parental/Adoption
Supplemental Employment Benefits
An employee, who is in
receipt of Employment Insurance (EI) parental benefits
pursuant to the Employment Insurance Act, shall be paid
a SEB that is equivalent to the difference between the
gross weekly EI benefit the employee is eligible to
receive and seventy-five percent (75%) of the employee’s
gross weekly rate of pay. This SEB payment shall
commence following completion of any required two (2)
week EI waiting period and upon submitted proof of
receipt of EI benefits. The SEB payment shall continue
while the employee is in receipt of EI parental benefits
for a maximum of ten (10) weeks.
If a two-week waiting
period is required for parental benefits under the
Employment Insurance Act, CBS will pay seventy-five
percent (75%) of the employee’s gross weekly rate of pay
for this waiting period.
In instances where two
employees share the parental/adoption leave and both are
in receipt of EI parental benefits, both employees shall
be eligible for the SEB to a maximum of ten (10) weeks
each.
SEB Payment Calculation
- SEB payments will be
based on the regular weekly rate of pay in the
employee’s home position.
- The regular
weekly rate of pay shall be determined by
multiplying the employee’s regular weekly work hours
by the regular hourly rate on the last day worked
prior to the commencement of the leave and excludes
overtime, premiums and allowances.
- Regular weekly
work hours for regular part-time employees shall be
determined by calculating the average regular hours
paid per week over the twenty (20) weeks preceding
the commencement of the leave.
- Salary changes with an
effective date during the leave will not result in an
adjustment to the SEB payment. (Agreed August 9, 2005)
Subsequent Articles to be
re-numbered in the new Collective Agreement.
Employer
16.04 Union Activity
Leave
Any member of the
bargaining unit who is attending Union activities, shall
upon making the request five (5) weeks in advance, be
granted a leave of absence without pay. The maximum time
off for Union activities shall not exceed fifteen (15)
working days per calendar year and no more than two (2)
employees may be absent from scheduled work at any one
time, provided that the two (2) employees are from
different sections as defined by Article 14.11.
This article is to be
applied on a site by site basis. (Agreed July 12, 2005)
Union
16.06 Educational Leave
(a) Leave of absence
without pay, for the purpose of further education
directly related to the technologist's employment may be
granted by the Employer subject to operational
requirements. Schedules may be arranged so as to allow
at any one time, no more than an aggregate of two (2)
technologists from the department but no more than one
(1) from any section. The technologist must apply in
writing to her immediate supervisor five (5) weeks in
advance and upon request shall provide evidence that she
is registered in the course.
This article is to be
applied on a site by site basis. (Agreed May 30, 2005)
Employer
16.07 Compassionate Bereavement Leave (Agreed May 12, 2005)
Compassionate
Bereavement
leave of absence without loss of regular pay shall be
granted to an employee upon her request:
(a) commencing on
in
conjunction with the day of the death or funeral, of the
employee's spouse (which includes common-law or same
gender relationship maintained for a period of at least
one year), child, stepchild, mother, father, brother,
sister, legal guardian, step-parents, grandparent,
grandchild, mother-in-law, father-in-law, son-in-law,
daughter-in-law or grandparent-in-law -- five (5)
consecutive working days. (Agreed May 12, 2005)
(b) commencing on
in
conjunction with the day of the death or funeral of the
employee's sister-in-law or brother-in-law, aunt or
uncle ‑‑ two (2) working days if such days fall on the
day the employee is scheduled to work. (Agreed May 12,
2005)
(c) Additional time off
with or without pay may be granted at management’s
discretion under extenuating circumstances. (Agreed May
30, 2005)
Employer
16.08 Compassionate Leave
(b) Additional time off
with or without pay may be granted at management’s
discretion under extenuating circumstances. (Agreed May
30, 2005)
(c) for the purpose of
attending to serious illness (serious illness shall mean
illness involving hospitalization in excess of 3
consecutive days or illness which a physician certifies
to be critical) in the employee's immediate family,
namely: spouse (which includes common-law or same gender
relationships maintained for a period of at least one
year), parent, child, in-laws, grandparents, brother and
sister, ‑‑ three (3) four (4) days per person per fiscal
year without loss of regular pay. Proof of a serious
illness shall be furnished by the employee as requested
by the Employer.
The Employer will not
unreasonably deny this leave. (Agreed July 12, 2005)
Employer (new)
16.13 Family Medical
Leave
a) The Employer shall
provide Family Medical Leave without pay to employees
for a period of up to eight (8) weeks within a 26 week
period to provide care and support to a specified family
member, specified under the Employment Standards Act,
who has a serious medical condition with a significant
risk of death occurring within that twenty-six (26) week
period in accordance with the provisions of the Act.
b) i) For full-time
employees seniority shall continue to accrue during
family medical leave however, the employee will not be
paid for named holidays occurring during such leaves of
absence. The employee shall continue to earn paid
vacation and sick leave credits for the entire duration
of the absence.
ii) In the case of
part-time employees seniority shall continue to accrue
during family medical leave. Weekly service and
seniority entitlement shall be calculated by adding up
the hours worked in the twenty (20) week period
immediately prior to the leave and dividing this total
by twenty (20). Upon return to employment, absence on
family medical leave shall be considered as service for
the purpose of entitlement to increased vacation pay and
annual increment. However, the employee will not be
entitled to pay-in-lieu of benefits and vacation pay nor
will she be paid for named holidays occurring during
such leaves of absence.
c) During the employee's
family medical leave, the employee may continue to
participate in the Pension Plan and staff benefit plans
she is enrolled in immediately prior to commencing her
leave. The employee shall give the Employer four (4)
weeks advance written notice, before her leave is to
commence, that she elects to continue with her benefits
during the absence.
d) When an employee
continues to participate in the insured benefit plans
and/or Pension Plan, the Employer shall continue to pay
its share of premiums for insured benefit plans and/or
pension contributions on behalf of the employee provided
that the employee continues to pay her share of premiums
applicable to insured benefit plans and/or pension
contributions. The employee shall either prepay her
share of premiums and/or pension contributions or
provide the Employer with post dated cheques prior to
the commencement of the leave.
e) An employee returning
from family medical leave shall be paid at the same step
in the salary scale attained prior to going on such
leave of absence. Should an anniversary increment fall
during such leave of absence, the employee shall receive
an anniversary increment upon return to employment.
f) Employees newly hired
to replace employees who are on approved family medical
leave may be released and such release shall not be the
subject of a grievance or arbitration. If retained by
the Employer, the employee shall be credited with
seniority from date of hire subject to successfully
completing her probationary period. (Agreed August 9,
2005)
Employer
18.06 Shift Premium
(a) An employee whose
work hours extend past 5 p.m. on any of her scheduled
work days shall be paid, in addition to her straight
time pay, a shift differential of one dollar and ten
cents ($1.10) twenty cents ($1.20) per hour for each
completed hour actually worked between five p.m. (5:00)
to midnight and one dollar and thirty five cents ($1.35)
forty-five cents ($1.45) per hour for each completed
hour actually worked between midnight and seven (7:00)
a.m.. (Agreed August 9, 2005)
Employer (new)
18.07 Premium Workdays
(a) Saturday Premium
Any Toronto site employee
who is scheduled to work and works on two consecutive
Saturdays shall be credited at straight time and paid a
premium of one-half (.5) times her basic hourly rate,
for all hours worked on the second Saturday. (Agreed
July 12, 2005)
(b) Sunday Premium
A Toronto site employee
who is scheduled to work and works a shift where any
hours fall between 00h01 Sunday and 23h59 Sunday shall
receive a premium of one dollar and forty five cents
($1.45) for each hour worked of that shift that falls
between 00h01 Sunday and 23h59 Sunday. (Agreed July 12,
2005)
Employer (new)
18.07 (b) Sunday Premium
A Toronto site employee
who is scheduled to work and works a shift where any
hours fall between 00h01 Sunday and 23h59 Sunday shall
receive a premium of one dollar and forty five cents
($1.45) fifty-five ($1.55) for each hour worked of that
shift that falls between 00h01 Sunday and 23h59 Sunday.
(Agreed, August 9, 2005)
(c) Weekend Premium –
Hamilton site
At the Hamilton site,
Articles 18.07 (a) and (b) above shall not apply and,
instead, a weekend premium of $1.50 cents per hour shall
be paid for each hour worked between 00h01 Saturday and
23h59 Sunday when the Saturday and/or Sunday is
scheduled as part of a Hamilton site employee’s regular
work week. Where a Hamilton site employee is receiving
1.5 times her/his regular rate of pay or more this
premium will not apply. (Agreed July 12, 2005)
Employer
18.07 (c) Weekend Premium
– Hamilton site
At the Hamilton site,
Articles 18.07 (a) and (b) above shall not apply and,
instead, a weekend premium of $1.50 cents
$1.55 per hour
shall be paid for each hour worked between 00h01
Saturday and 23h59 Sunday when the Saturday and/or
Sunday is scheduled as part of a Hamilton site
employee’s regular work week. Where a Hamilton site
employee is receiving 1.5 times her/his regular rate of
pay or more this premium will not apply. (Agreed, August
9, 2005)
Employer
18.08 (e) Where an
employee’s posted schedule is changed by Canadian Blood
Services without providing the employee with twenty-four
(24) hours notice of such change or less, without mutual
agreement of the employee, the employee shall receive
time and one-half (1.5) of her regular straight time
hourly rate for all hours worked on the affected shift.
(Agreed July 12, 2005)
Employer
18.11 On‑Call Pay
An employee assigned to
on-call duty shall receive on-call pay at the rate of
$2.50 per hour and $4.00 per hour on Sundays and paid
holidays for the period of scheduled on-call. On-call
pay shall cease when the employee in response to a
call-back works during the scheduled on-call period;
such work performed shall be paid in accordance with the
call-back provisions in Article 18.13
18.12 contained
herein. (Agreed May 12, 2005)
Employer
18.11 On‑Call Pay
An employee assigned to
on-call duty shall receive on-call pay at the rate of
$2.50 $2.75 per hour and $4.00 per hour on Sundays and
paid holidays for the period of scheduled on-call.
On-call pay shall cease when the employee in response to
a call-back works during the scheduled on-call period;
such work performed shall be paid in accordance with the
call-back provisions in Article 18.12 contained herein.
(Agreed, August 9, 2005)
Employer (new)
18.13 Effective date of
ratification, a premium of ninety cents ($0.90) per hour
shall be paid to employees assigned as On-The-Job
Trainers (excluding Preceptors). This premium shall not
apply to Senior and Charge Technologists.
Employer
19.01 List of Paid
Holidays
Employees shall receive
time off with pay on or for the following paid holidays:
| New Year's Day |
Labour Day
|
| Good
Friday |
Thanksgiving Day |
| Easter
Monday |
Remembrance Day |
| Victoria
Day |
Christmas Day |
| Canada
Day
|
Boxing
Day
|
| Civic Holiday |
|
1/2
the day before
Christmas Day
OR
1/2
the day before New
Year's Day
(Agreed May 12, 2005)
Employer
19.02 At the discretion
of the Employer and depending on operational
requirements, the half (1/2) day before Christmas Day
and the half (1/2) day before New Year's Day may be
combined into one (1) full paid holiday to be scheduled
by the Employer on either the day before Christmas or
the day before New Year's Day. In that case however, the
other day either before Christmas Day or New Year's Day
shall be scheduled as a regular working day. (Agreed May
30, 2005).
Subsequent sub-Articles
to be re-numbered.
Employer
19.04 Should any of the
paid holidays listed in Article 19.01 fall on a Saturday
or a Sunday, such paid holiday shall may be observed on
the working day immediately preceding or following the
Saturday or Sunday as designated by the Employer.
(Agreed July 12, 2005)
Employer
19.05 Paid Holiday
Falling on an Employee's Scheduled Day Off, Saturday, or
Sunday
Where a paid holiday
falls on or is observed on an employee's scheduled day
off, a Saturday, or a Sunday and she is not required to
work on that day, she will receive a day off with pay in
lieu within thirty (30) working days immediately before
or sixty (60) working days after the paid holiday. If
such day off with pay cannot be scheduled by the
Employer, the employee shall be paid for seven and
one-half (7.5) hours at her straight time hourly rate.
(Agreed July 12, 2005)
Employer
19.07 Holiday Premium
(a) Work on a Paid
Holiday
An employee who is
scheduled to work and works on a paid holiday or a lieu
day as contemplated by Article 19.05 shall receive, in
addition to holiday pay (7.5 hours or 3.75 hours, i.e.
1/2 day before Christmas Day and 1/2 day before New
Years Day) at straight time, a premium of one-half (.5)
times her straight time hourly rate for all hours worked
on that holiday. In addition, the employee shall receive
time off equivalent to the hours worked, at straight
time pay. Such time off shall be scheduled at a mutually
convenient date between the employee and her immediate
supervisor. However, if such mutually convenient date
cannot be scheduled within sixty (60) calendar days of
the occurrence of the paid holiday, the employee shall
be paid for such hours at straight time (in lieu of time
off). (Agreed July 12, 2005)
Employer (new)
20.01 Vacation Accrual
An employee shall accrue
vacation credits at the following rates:
(a) One and one-quarter
(1-1/4) days per month during the first four (4) years
of continuous service;
(b) One and two-thirds
(1-2/3) days per month after four (4) years of
continuous service;
(c) Two and one-twelfth
(2-1/12) days per month after ten (10) years of
continuous service;
(d) Two and one-quarter
(2-1/4) days per month after twenty (20) years of
continuous service.
(e) Two and one-half
(2-1/2) days per month after twenty-five (25) years of
continuous service.
(f) In addition to the
foregoing, after thirty (30) years of continuous
service, an employee shall be granted an additional five
(5) vacation days that shall be used, subject to Article
20.03 below, until such employee has completed
thirty-five (35) years of continuous service.
(g) In addition to the
foregoing, after thirty-five (35) years of continuous
service, an employee shall be granted an additional five
(5) vacation days that shall be used, subject to Article
20.03 below, until such employee ceases employment with
the Employer. (Agreed, August 9, 2005)
Employer
21.02 The employee must
observe all of the following regulations to obtain the
benefits available:
(b) Furnish medical
certificates as may be required by the Employer. The
Employer shall bear the full cost of the medical
certificates it requires. (Agreed July 12, 2005)
Employer (new)
25.01 Any employee who is
required to be away from the Centre on authorized
official business outside the boundaries of the City of
Toronto, as existed on November 1,1997, shall receive
meal allowances based on the following rates:
Breakfast: $ 6.50
6.95
Lunch: $ 9.75
10.75
Dinner: $l3.75
15.00
(Agreed, August 9, 2005)
Employer (new)
26.01(a) When an employee
is required to return to the Centre and to her home, as
a result of a call-back, the Employer shall pay for
transportation costs either by taxi or the employee's
own automobile up to a maximum of fifty dollars ($50.00)
per round trip or twenty-six ($0.26) per kilometer
thirty-nine cents ($0.39) per kilometer. The employee
shall provide a taxi receipt to the Employer as proof of
payment prior to being reimbursed for such expense.
(Agreed, August 9, 2005)
Employer (new)
26.01 (b) If an employee
is authorized by the Employer to use their vehicle for
CBS business, the employee shall receive compensation of
thirty-nine cents ($0.39) per kilometer and be
reimbursed for parking costs for such use only.
Notwithstanding the foregoing, the use of a personal
vehicle is not a requirement of employment. (Agreed,
August 9, 2005)
Employer
29.08
(c) The provisions of
article 18.07 shall not apply to other-than-full-time
employees. Part-time employees shall be paid a weekend
premium of $1.35 $1.55 per hour for all hours worked
between 12.01 a.m. Saturday and 11.59 p.m. Sunday, when
scheduled as part of the employee’s regular workweek.
(Agreed, August 9, 2005)
Employer
29.08 (d) The Employer
shall make every reasonable effort to schedule regular
part-time employees no less than thirty (30) hours in a
bi-weekly averaging period. (Agreed July 12, 2005)
Union
29.09 (a) In the case of
regular part-time, temporary part-time, and casual
employees, replace Article 18.08 Overtime with the
following:
(i) Regular part-time,
temporary part-time, and casual employees shall be paid
at the rate of time and one-half (1.5) of their straight
time hourly rate for all hours worked in excess of their
posted scheduled hours or seven and one half (7.5) hours
whichever is greater or if scheduled by the Employer to
work in excess of seventy-five (75) hours in a bi-weekly
period. (Agreed July 12, 2005)
(c) In the event
additional hours become available after the posting of
the schedule as per Article 18.08 (d), said hours are to
be offered in order of seniority to qualified part
timers who have indicated a desire to do so in writing.
Notwithstanding the aforementioned such will not be
considered overtime unless the provisions of Article
29.09(a) (i) apply. (Agreed July 12, 2005)
Employer (amended)
32.01 This Collective
Agreement shall be effective from April 1, 2002
2005, to
March 31, 2005 2007 and shall continue automatically
thereafter for annual periods of one (1) year each
unless, either party desires to modify or amend this
Agreement it shall give notice to the other party of its
election to do so within ninety (90) days prior to the
expiry date of this Agreement. (Agreed, August 9, 2005)
SCHEDULE "A"
April 1, 2005 – 3%, all
rates and ranges, unless otherwise specified below.
April 1, 2006 – A general
wage increase to all rates and all ranges equal to that
negotiated between the Participating Hospitals and the
Ontario Public Service Employees Union. Should there be
no central or coordinated negotiations between the
Participating Hospitals and the Ontario Public Service
Employees Union, the general wage increase will be equal
to the general wage increase negotiated between the
University Health Network and OPSEU Local 571.
Biomedical Technologists
– Hamilton Site
1%, retroactive to April
1, 2005
Date of signing -
Incumbent Biomedical Technologists shall be placed on
the first step of the Medical Laboratory Technologist
scale that represents an increase to their hourly rate,
and the date of signing shall become their anniversary
date for the purposes of advancement through the scale.
Biomedical Technologists
– Toronto Site
3%, retroactive to April
1, 2005
Date of signing -
Incumbent Biomedical Technologists shall be placed on
the first step of the Medical Laboratory Technologist
scale that represents an increase to their hourly rate,
and the date of signing shall become their anniversary
date for the purposes of advancement through the scale.
Equipment Specialists –
Toronto Site
1%, retroactive to April
1, 2005
Date of signing -
Incumbent Equipment Specialists shall be placed on the
first step of the Senior Technologist scale that
represents an increase to their hourly rate, and the
date of signing shall become their anniversary date for
the purposes of advancement through the scale.
Quality Assurance
Associates – Hamilton Site
The Quality Assistant
Associate wage scale shall be that established by the
Parties pursuant to the MoU re: Quality Systems
Associates, but shall be subject to the general wage
increases in Schedule “A” above.
The Employer shall
provide full retroactivity based of the foregoing base
rate adjustments on all earnings (exclusive of premium
and overtime) between April 1, 2002 and the date of
ratification for the term of the Collective Agreement.
(Agreed, August 9, 2005)
MEMORANDUM OF UNDERSTANDING
Between
CANADIAN BLOOD SERVICES
(hereafter referred to as “the Employer”)
and
THE ONTARIO PUBLIC
SERVICE EMPLOYEES UNION
And its Locals 5101 & 210
(hereafter referred to as
“the Union”)
re: Canadian Blood
Services Universal Benefits Plan
WITHOUT PREJUDICE OR
PRECEDENT
Whereas the parties are
interested in creating and maintaining a Universal
Benefits Plan which would apply to all eligible
employees at Canadian Blood Services, the Parties hereby
agree that:
#1 As of the 1st day of
October, 2005, the Universal Benefits Plan, as described
in the attached plan summary, shall replace the benefit
entitlements as described in the Article 22.01 – Staff
Benefits of the Collective Agreement. Eligibility to
participate in the benefits plan shall continue to be in
accordance with the Collective Agreement.
#2 Other-than-full-time
employees’ eligibility for participation in the
Universal Benefits Plan shall continue as per their
current eligibility for participation under the
Collective Agreement.
#3 The levels of coverage
of the Universal Benefits Plan shall not be reduced from
those levels in effect as of the date of signing of this
Memorandum of Understanding.
#4 The Employer shall
make any future enhancements to the Universal Benefits
Plan at its sole discretion.
#5 If the union no longer
wishes to participate in the Universal Benefits Plan, it
may indicate its withdraw from the Plan concurrent with
its notice to bargain as outlined in Article 32.01. The
Parties would then be free to negotiate levels of
benefit coverage; after which time Memorandum of
Understanding shall be null and void. The level of
benefits provided under the Universal Benefits Plan
shall remain in effect for the duration of this
Collective Agreement, the aforementioned notice period
and during the negotiation period for a renewal
Collective Agreement.
For the Purposes of this
Memorandum of Understanding:
“The Parties” shall mean
the Employer and the Union.
“Universal Benefits Plan”
shall mean the extended health care, dental, life
insurance, accidental death and dismemberment insurance,
long term disability and business travel accident
insurance plans provided to non-union employees (and as
amended by the attached plan description) as of the date
of signing of this Memorandum of Understanding.
An “eligible employee”
shall mean an employee who is entitled to participate in
the Universal Benefits Plan benefits plan, subject to
the rules and regulations of the plan.
An “other-than-full-time
employee” shall mean a regular part-time, temporary, or
casual employee.
“Collective Agreement”
shall mean the Collective Agreement between Canadian
Blood Services and the Ontario Public Service Employees
Union and its Locals 5101 & 210.
Signed this___________ day of
________________, 20____.
On Behalf of the Employer On Behalf of the Union
___________________________
______________________________
___________________________
______________________________
___________________________
______________________________
___________________________
______________________________
(Agreed, August 9, 2005)
Employer
Letter of Understanding
re: Layoff, Displacement and Recall
The Parties agree that,
effective March 31, 2005, Articles 14.03, 14.04, 14.06
and 14.12 will be applied on a site by site basis and
will be available to all employees at those sites,
except for those employees whose date of hire allows for
their coverage under the Memorandum of Understanding re:
Staff Benefits appended to the Hamilton Collective
Agreement (effective December 18, 2000 to March 31,
2003) who shall continue to be covered by that
Memorandum of Understanding.
For greater clarity, all
employees at the Toronto Centre will only be able to
exercise their rights under Articles 14.03, 14.04, 14.06
and 14.12 within the Toronto Centre, and all employees
at the Hamilton Centre will only be able to exercise
their rights under Articles 14.03, 14.04, 14.06 and
14.12 within the Hamilton Centre. (Agreed July 12, 2005)
Employer (new)
LoU re: Vacation
Should any employee have
between thirty (30) and thirty-five (35) years of
continuous service as of the date of ratification of the
Collective Agreement, Article 20.01 (f) shall apply to
such employee as of the date of ratification of the
Collective Agreement.
Should any employee have
in excess of thirty-five (35) years of continuous
service as of the date of ratification of the Collective
Agreement, Article 20.01 (g) shall apply to such
employee as of the date of ratification of the
Collective Agreement. (Agreed, August 9, 2005)
Employer amendments to
LoU merging Locals 5101 and 210 (new)
SECTION 2 RECOGNITION
2.3 The Employer will
likewise recognize the Union as the sole bargaining
agent of all employees classified as Medical Laboratory
Technologists, Senior Technologists, and Charge
Technologists at any future Canadian Blood Services
Consolidated Testing or Manufacturing site in either the
Greater Toronto Area, Oakville, Burlington, or the
regional municipality of Hamilton-Wentworth. (Agreed
July 12, 2005)
2.5 Should the transfer
of Donor Testing or Manufacturing from the Toronto
and/or the Hamilton Centre as contemplated by paragraph
2.3 be done in a manner consistent with this Letter of
Understanding, it is understood that the Union shall not
refer to arbitration or file any complaint or commence
any proceeding with respect to any matter which may
arise directly out of the transfer of Donor Testing or
Manufacturing from the Toronto and/or the Hamilton
Centre to a future site as contemplated by paragraph
2.3. In the event that a grievance is referred to
arbitration or a proceeding is commenced arising out of
aforementioned circumstances, then the Union shall
indemnify and save the employer harmless against any
costs relating to such filing and proceeding. (Agreed
July 12, 2005)
2.6 Should the Union
allege that the transfer of Donor Testing or
Manufacturing from the Toronto and/or the Hamilton
Centre as contemplated by paragraph 2.3 is done in a
manner that is inconsistent with this Letter of
Understanding, the dispute will be subject to Article 9
– Grievance Procedure of the Toronto Collective
Agreement. (Agreed July 12, 2005)
The parties hereby agree
that the foregoing items represent Articles of the
Collective Agreement that have been mutually agreed to
during negotiations held May 12, 2005, May 30, 2005,
June 21, 2005, June 22, 2005, July 12, 2005, July 13,
2005, August 8, 2005, and August 9, 2005 and that these
Articles shall be recommended for ratification by the
Parties to their respective principals.
Signed at Toronto this
9th day of August, 2005.
For the Employer
For the Union
___________________________
______________________________
___________________________
______________________________
___________________________
______________________________
___________________________
______________________________
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