Common use of Process of PDT Referral to Local Tables and Dispute Clause in Contracts

Process of PDT Referral to Local Tables and Dispute. [PDT] (a) The Employers group shall forward a copy of this agreement to the Executive Directors of all represented Employers and shall unanimously recommend that ratification of Parts 9 to 16 of the Consensus Agreement dated June 4, 2011 by each Employer. Each Union shall forward a copy to local Presidents and shall unanimously recommend ratification of Parts 9 to 16 of the Consensus Agreement dated June 4, 2011. (b) Where there is a dispute between local parties regarding the incorporation of the above Parts of this Consensus Agreement into a local collective agreement, the Employers group and Union group parties to the Consensus Agreement dated June 4, 2011 may each select one representative from their respective group to assist the local parties in resolving such dispute. (c) Where there is a dispute regarding language issues that are included in a collective agreement by virtue of the Consensus Agreement dated June 4, 2011 the provisions of the local collective agreement shall be used to resolve such disputes. (d) Where there is a dispute between the Employers group and Union group parties to the Consensus Agreement dated June 4, 2011 regarding the interpretation, application or alleged violation of its terms, and that dispute does not arise under a local collective agreement such that (iii) above applies to it, the dispute shall be referred to final and binding arbitration as follows: (2) A labour arbitrator will be selected by mutual agreement of the parties within 30 days of the dispute arising. If agreement cannot be reached then, within that 30 day period, either party may apply to the Ministry of Labour for the appointment of an arbitrator. This time limit may be extended by mutual agreement. (3) Where the parties agree, the arbitrator may act as a “mediator-arbitrator”. (4) The arbitrator will have the same powers and authority as set out in section 48 of the Ontario Labour Relations Act, 1995. The arbitrator will not have the authority to add to, modify or delete any part of the Consensus Agreement. The fees and expenses of the arbitrator shall be divided equally among the parties to the dispute. (5) If the parties are unable to agree on an arbitrator as per (iv) (1) above, the parties agree to appoint as arbitrator the person named by the Minister of Labour or his designate. For the purpose of this Article Consensus Agreement Articles are noted as “[PDT]”.

Process of PDT Referral to Local Tables and Dispute. [PDT] (a) The Employers group shall forward a copy of this agreement to the Executive Directors of all represented Employers and shall unanimously recommend that ratification of Parts 9 to 16 of the Consensus Agreement dated June 4, 2011 it be accepted by each Employer. Each Union shall forward a copy to their local Presidents and shall unanimously recommend ratification of Parts 9 to 16 of the Consensus Agreement dated June 4, 2011that it be accepted by each local union. The parties shall agree on a joint release date. (b) Each Employer and Local that opts into the agreement will unanimously recommend ratification of the terms agreed to above by their local principals. (c) Where there is a dispute between local parties regarding the incorporation of the above Parts any term(s) of this Consensus Agreement into a local collective agreement, the Employers group and Union group parties to the this Consensus Agreement dated June 4, 2011 may each select one representative from their respective group to assist the local parties in resolving such dispute. (cd) Where there is a dispute regarding language issues that are included in a collective agreement by virtue of the Consensus Agreement dated June 4, 2011 PDT agreement the provisions of the local collective agreement shall be used to resolve such disputes. (de) Where there is a dispute between the Employers group and Union group parties to the this Consensus Agreement dated June 4, 2011 regarding the interpretation, application or alleged violation of its terms, and that dispute does not arise under a local collective agreement such that Part (iiid) above applies to it, the dispute shall be referred to final and binding arbitration as follows: (2i) A labour arbitrator will be selected by mutual agreement of the parties within 30 days of the dispute arising. If agreement cannot be reached then, within that 30 day period, either party may apply to the Ministry of Labour for the appointment of an arbitrator. This time limit may be extended by mutual agreement. (3ii) Where the parties agree, the arbitrator may act as a “mediator-arbitrator”. (4iii) The arbitrator will have the same powers and authority as set out in section 48 of the Ontario Labour Relations Act, 1995. The arbitrator will not have the authority to add to, modify or delete any part of the this Consensus Agreement. The fees and expenses of the arbitrator shall be divided equally among the parties to the dispute. (5f) If the parties are unable to agree on an arbitrator as per (ive) (1i) above, the parties agree to appoint as arbitrator the person named by the Minister of Labour or his their designate. For LETTER OF UNDERSTANDING #1 – WORKLOAD The Employer and the purpose Union are committed to maintaining a workplace that demonstrates a sincere and continuing interest in the individual and collective well being of this Article Consensus Agreement Articles are noted as “[PDT]”all staff and recognizes the inherent worth of every employee. The Employer further recognizes that the issue of workload is a serious concern to bargaining unit members. The Employer and the Union recognize the responsibility to provide services through employees of Family and Children's Services Niagara in accordance with the Child and Family Services Act and to conform to current Ministry standards. It is also the responsibility of the Employer to manage the resources allocated to it by the Ministry of Children and Youth Services in order to establish and maintain an effective infrastructure to facilitate the employee's achievement of said standards. Further, the Employer and the Union recognize that workload can fluctuate and should therefore be reviewed on a regular basis, with the goal of fair, reasonable and equitable distribution of workload. Employees cannot refuse to accept a case based on workload issues. It is the goal of the Society to achieve the following caseload ranges: • Investigation and Assessment 8 -11 (monthly assignments). • Ongoing 14 – 18 (active cases). • Child In Care 15 – 18 (active cases). • Long Term Care 15 – 19 (active cases). • Resources Department - Xxxxxx Home Support 25 – 30 (active cases). • Kinship (pilot project) 18 – 21 (active cases) In order to monitor individual caseload ranges, the employer will conduct regular reviews of workloads. A report that identifies the number and type of files for each employee in that sector shall be sent to the Union on a monthly basis.

Process of PDT Referral to Local Tables and Dispute. [PDT] (a) The Employers group shall forward a copy of this agreement to the Executive Directors of all represented Employers and shall unanimously recommend that ratification of Parts 9 to 16 of the Consensus Agreement dated June 4, 2011 it be accepted by each Employer. Each Union shall forward a copy to their local Presidents and shall unanimously recommend that it be accepted by each local union. The parties shall agree on a joint release date. (b) Each Employer and Local that opts into the agreement will unanimously recommend ratification of the terms in Parts 9 to 16 of the Consensus Agreement dated June 4, 2011by their local principals. (bc) Where there is a dispute between local parties regarding the incorporation of the above Parts any term(s) of this Consensus Agreement into a local collective agreement, the Employers group and Union group parties to the this Consensus Agreement dated June 4, 2011 may each select one representative from their respective group to assist the local parties in resolving such dispute. (cd) Where there is a dispute regarding language issues that are included in a collective agreement by virtue of the Consensus Agreement dated June 4, 2011 PDT agreement the provisions of the local collective agreement shall be used to resolve such disputes. (de) Where there is a dispute between the Employers group and Union group parties to the this Consensus Agreement dated June 4, 2011 regarding the interpretation, application or alleged violation of its terms, and that dispute does not arise under a local collective agreement such that (iiiPart 16 d) above applies to it, the dispute shall be referred to final and binding arbitration as follows: (2i) A labour arbitrator will be selected by mutual agreement of the parties within 30 days of the dispute arising. If agreement cannot be reached then, within that 30 day period, either party may apply to the Ministry of Labour for the appointment of an arbitrator. This time limit may be extended by mutual agreement. (3ii) Where the parties agree, the arbitrator may act as a “mediator-arbitrator”. (4iii) The arbitrator will have the same powers and authority as set out in section 48 of the Ontario Labour Relations Act, 1995. The arbitrator will not have the authority to add to, modify or delete any part of the this Consensus Agreement. The fees and expenses of the arbitrator shall be divided equally among the parties to the dispute. (5f) If the parties are unable to agree on an arbitrator as per (ive) (1i) above, the parties agree to appoint as arbitrator the person named by the Minister of Labour or his their designate. For the purpose purposes of this Article article, Parts 9 to 16 of the Consensus Agreement Articles are noted as “[PDT]”.refer to the following: Part 9: Benefits Savings (Letter of Understanding # 5) Part 10: Wellness Strategy (Article 31:10) Part 11: Compensation & Benefits (Wage Schedule, Article 31:10, Article 31:03) Part 12: Workplace Safety and Insurance Act (Article 30:05) Part 13: Job Security (Article 21:03, Article 39) Part 14: Superior Provisions (Letter of Understanding # 6) Part 15: Recruitment & Retention – Mobility of Employees in the Child Welfare Sector (Article 38:01) Part 16: Process of PDT Referral to Local Tables and Dispute (Article 14:08)

Process of PDT Referral to Local Tables and Dispute. [PDT] (a) The Employers group shall forward a copy of this agreement to the Executive Directors of all represented Employers and shall unanimously recommend that ratification of Parts 9 to 16 of the Consensus Agreement dated June 4, 2011 it be accepted by each Employer. Each Union shall forward a copy to their local Presidents and shall unanimously recommend that it be accepted by each local union. The parties shall agree on a joint release date. b) Each Employer and Local that opts into the agreement will unanimously recommend ratification of the terms in Parts 9 to 16 of the Consensus Agreement dated June 4, 2011[TBD] above by their local principals. (bc) Where there is a dispute between local parties regarding the incorporation of the above Parts any term(s) of this Consensus Agreement into a local collective agreement, the Employers group and Union group parties to the this Consensus Agreement dated June 4, 2011 may each select one representative from their respective group to assist the local parties in resolving such dispute. (cd) Where there is a dispute regarding language issues that are included in a collective agreement by virtue of the Consensus Agreement dated June 4, 2011 PDT agreement the provisions of the local collective agreement shall be used to resolve such disputes. (de) Where there is a dispute between the Employers group and Union group parties to the this Consensus Agreement dated June 4, 2011 regarding the interpretation, application or alleged violation of its terms, and that dispute does not arise under a local collective agreement such that (iiiPart 17(d) above applies to it, the dispute shall be referred to final and binding arbitration as follows: (2i) A labour arbitrator will be selected by mutual agreement of the parties within 30 days of the dispute arising. If agreement cannot be reached then, within that 30 day period, either party may apply to the Ministry of Labour for the appointment of an arbitrator. This time limit may be extended by mutual agreement. (3ii) Where the parties agree, the arbitrator may act as a “mediator-arbitrator”. (4iii) The arbitrator will have the same powers and authority as set out in section 48 of the Ontario Labour Relations Act, 1995. The arbitrator will not have the authority to add to, modify or delete any part of the this Consensus Agreement. The fees and expenses of the arbitrator shall be divided equally among the parties to the dispute. (5f) If the parties are unable to agree on an arbitrator as per (ive) (1i) above, the parties agree to appoint as arbitrator the person named by the Minister of Labour or his their designate. For the purpose of this Article Consensus Agreement Articles are noted as “[PDT]”.

Process of PDT Referral to Local Tables and Dispute. [PDT] (a) The Employers group shall forward a copy of this agreement to the Chief Executive Directors Officers of all represented Employers and shall unanimously recommend that ratification of Parts 9 to 16 of the Consensus Agreement dated June 4, 2011 it be accepted by each Employer. Each Union shall forward a copy to their local Presidents and shall unanimously recommend ratification of Parts 9 to 16 of the Consensus Agreement dated June 4, 2011that it be accepted by each local union. The parties shall agree on a joint release date. (b) Each Employer and Local that opts into the agreement will unanimously recommend ratification of the terms in Parts 9.11; 13.09; 14.01; 14.05 (c) & (d); 15.04 (a) & (b); 27.03; 27.08 and Letters of Understanding numbers 7, 8, 10, 11 & 12 above by their local principals. (c) Where there is a dispute between local parties regarding the incorporation of the above Parts any term(s) of this Consensus Agreement into a local collective agreement, the Employers group and Union group parties to the this Consensus Agreement dated June 4, 2011 may each select one representative from their respective group to assist the local parties in resolving such dispute. (cd) Where there is a dispute regarding language issues that are included in a collective agreement Collective Agreement by virtue of the Consensus Agreement dated June 4, 2011 PDT agreement the provisions of the local collective agreement Collective Agreement shall be used to resolve such disputes. (de) Where there is a dispute between the Employers group and Union group parties to the this Consensus Agreement dated June 4, 2011 regarding the interpretation, application or alleged violation of its terms, and that dispute does not arise under a local collective agreement Collective Agreement such that (iiiPart 16(d) above applies to it, the dispute shall be referred to final and binding arbitration as follows: (2) i. A labour arbitrator will be selected by mutual agreement of the parties within 30 days of the dispute arising. If agreement cannot be reached then, within that 30 day period, either party may apply to the Ministry of Labour for the appointment of an arbitrator. This time limit may be extended by mutual agreement. (3) ii. Where the parties agree, the arbitrator may act as a “mediator-mediator- arbitrator”. (4) iii. The arbitrator will have the same powers and authority as set out in section 48 of the Ontario Labour Relations Act, 1995. The arbitrator will not have the authority to add to, modify or delete any part of the this Consensus Agreement. The fees and expenses of the arbitrator shall be divided equally among the parties to the dispute. (5) . If the parties are unable to agree on an arbitrator as per (ive) (1and i) above, the parties agree to appoint as arbitrator the person named by the Minister of Labour or his their designate. For the purpose of this Article Consensus Agreement Articles are noted as “[PDT]”.