Return to Work (a) The parties recognize the duty of reasonable accommodation for individuals under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit the Employer and the Union to discharge that duty. To that end, the Home and the Union agree to cooperate in complying with the Ontario Human Rights Code.
(b) The Home and the Union agree to ongoing and timely communication by all participants. For the purposes of expediting communication the Home and the Union agree that participants will use electronic communication where available.
(c) If an employee becomes disabled, including WSIB, with the result that she is unable to perform the regular functions of her position, the Employer may determine a special classification and salary, with the hope of providing an opportunity for continued employment. Positions established under this article will not constitute new classifications and shall lapse upon the termination, resignation, or retirement of the employee in question.
(d) Prior to any disabled employee returning to work from a disability including WSIB to a modified/light/alternate work program, the Employer will notify and meet with members of the bargaining unit executive to consult on a back to work program for the worker. Any agreement resulting from these discussions which conflicts with the collective agreement shall, subject to agreement by the Union, prevail over any provision of this agreement in the event of a conflict. Nothing in this language obligates the Employer to establish a modified/ light/alternative work program, except as required by law.
HOURS OF WORK & OVERTIME Section 15.1 This Article is intended to define the normal hours of work per day or per week in effect at the time of execution of this Agreement. Nothing contained herein shall be construed as preventing the Employer from restructuring the normal workday or workweek as necessary to promote efficiency or improve services, or from establishing the work schedules of employees. However, nothing in this Section shall relieve the Employer of its duty to bargain the affects of such decisions on employee wages, hours, terms and other conditions of employment. This Article shall be used as the basis for computing overtime for employees who are not exempt from the overtime provisions of the Fair Labor Standards Act and shall not be construed as a guarantee of hours of work per day or per week.
Section 15.2 Employees may take one paid fifteen (15) minute break for every four (4) hour block worked. Employees may combine breaks to take up to one (1) sixty (60) minute paid break. Employees may not leave campus on their paid breaks.
Section 15.3 Bargaining unit employees who are not exempt from the provisions of the Fair Labor Standards Act will be paid one and one-half times their normal hourly rate for all hours actually worked in excess of forty (40) hours per work week. All overtime shall have prior supervisory approval, except when it is necessary for a nurse to remain on duty to protect patient safety. Only hours actually worked are counted for the purpose of computing an employee's eligibility for overtime pay. There shall be no pyramiding of hours or pay.
Section 15.4 The Board serves individuals 24 hours per day, 7 days per week. To meet this need for service to our individuals evening and weekend hours may be required of any bargaining unit employee. The Employer will establish the standard work day as beginning at 6:00 a.m. and ending at 5:59 a.m. and starting and ending times for each shift in each department. Supervisors will establish daily workschedules.
Section 15.5 Absent an emergency situation, management will notify the Union in the event management intends to institute a long-term change in the present shift times for nurses. Following notification and upon request by the Union, management will meet with the Union to discuss the reason for the change and possible alternatives.
Normal Work Day The normal work day shall be eight (8) hours and the normal work week shall be forty (40) hours, Monday through Friday, provided however that nothing herein shall be construed as guaranteeing any EMPLOYEE eight (8) hours of work per day or forty (40) hours per week. A single shift shall consist of eight (8) hours of continuous employment, except for unpaid lunch period, between the hours of 7:00 a.m. and 6:00 p.m.
HOURS OF WORK AND OVERTIME 16.01 Employees will be scheduled to work not more than twenty-four (24) hours in any one pay week, excluding summer months (May, June, July, August). It is understood the scheduling of employees is the responsibility of the Employer.
16.02 Employees who receive less than twenty-four (24) hours’ notice of the cancellation of their regularly scheduled shift, or who show up for a scheduled shift and no work is available, will receive a minimum of three (3) hours pay, except for those
16.03 Employees covered by this collective agreement shall be paid in accordance with the applicable Employment Standards legislation for public holidays.
16.04 For the purposes of this agreement, the public holidays will be:
16.05 The night shift shall be defined as the shift where the majority of hours fall between the hours of 2:00 a.m. and 6:00 a.m. Employees working the night shift will be paid an additional fifty cents ($0.50) per hour for the duration of the shift.
16.06 All employees covered by this agreement will be allocated one shift based on availability and seniority. Further shifts, including regularly scheduled shifts which are posted after the schedule has been established, will be allocated by seniority, it being understood that an employee may drop another regularly scheduled shift for this purpose.
(a) Summer employment will be granted to such employees who have notified, in writing, the Operations Manager, by April 1 of their availability for summer (May, June, July, August) employment.
(b) Employment starting the following September and January will be granted to such employees who have notified, in writing, the Operations Manager, by August 1 and December 1 respectively of their availability for employment in that semester.
(c) Employees shall be allowed to remove a regularly scheduled shift from their schedule if they notify their respective supervisor/ manager, in writing, at least five (5) calendar days in advance of the start of the shift in question.
Work Hours Except in emergencies, the standard work week of full-time unit employees shall normally consist of five (5) days of eight (8) hours each, exclusive of lunch hour. Each employee shall be assigned regular starting and ending times, which shall not be changed without prior notice. Should an employee be required to work during his/her lunch hour, the length of such interruption shall be counted as time worked unless other arrangements are made with his/her supervisor.
Work Week The work week will begin at 12:00 a.m. on Sunday and end at 11:59 p.m. the following Saturday.
Overtime Work A. Overtime pay is to be paid at the rate of one and one- half (1½) times the basic hourly straight-time rate.
B. Overtime shall be paid to employees for work performed only after eight (8) hours on duty in any one (1) service day or forty (40) hours in any one (1) service week. Nothing in this Section shall be construed by the parties or any reviewing authority to deny the payment of overtime to employees for time worked outside of their regularly scheduled work week at the request of the Employer.
C. Penalty overtime pay is to be paid at the rate of two
Normal Work Week The normal work week shall be thirty-seven and one-half (37 1/2) hours, and the normal daily hours of work shall be seven and one-half (7 1/2) hours, exclusive of a meal period. The normal work week shall be Monday through Friday and the normal workday shall be scheduled between 7:00 a.m. and 6:00 p.m.
