Common use of Staff Mobility Dispute Resolution Mechanism Clause in Contracts

Staff Mobility Dispute Resolution Mechanism. This dispute resolution mechanism shall not be utilized to resolve disputes which could be addressed through the grievance arbitration procedure(s) set out in the applicable collective agreement. Should a dispute(s) arise between a signatory Union(s) and a signatory employer(s) regarding the application, interpretation or alleged violation of this Memorandum of Understanding, the parties concerned shall meet within 20 calendar days and attempt to resolve the dispute(s) through discussion. Should the dispute remain unresolved after such meetings, any party to the dispute may within a further 10 calendar days refer the matter(s) to arbitration. The parties to the dispute shall select a mutually agreed Arbitrator within 10 calendar days following such referral to arbitration. Should the parties fail to agree upon an Arbitrator, either party may forward a request to the Manitoba Labour board. The above time limits may be extended by mutual agreement and shall be confirmed in writing. The Arbitrator shall set his/her own procedures for hearing the dispute and may accept any evidence he/she deems appropriate. The decision of the Arbitrator shall be final and binding upon the parties to the dispute. Any costs incurred by either of the parties to the dispute, preceding or during arbitration proceedings, shall be borne by the parties incurring such costs, but cost of the Arbitrator shall be borne by the parties in equal share. Signed this day of , 2019. FOR THE MISERICORDIA HEALTH FOR THE OPERATING ENGINEERS CENTRE: OF MANITOBA, LOCAL 987: MEMORANDUM OF UNDERSTANDING between Concordia Hospital Health Sciences Centre Misericordia Health Centre Seven Oaks General Hospital Deer Lodge Centre Inc. Salvation Army Grace General Hospital - and the - International Union of Operating Engineers, Local 987 RE: IMPLEMENTATION OF STAFF MOBILITY Implementation and Interpretation of the "Memorandum of Understanding Regarding Staff Mobility Within the Nine Facilities of the WRHA System” (hereinafter referred to as "Staff Mobility Agreement"). This Memorandum is attached to and forms part of this Collective Agreement. Where a conflict exists between this Memorandum and the Staff Mobility Agreement, the terms of this Memorandum will supercede those of the aforementioned Memorandum. The parties agree to implement and interpret the Staff Mobility Agreement as follows:

Staff Mobility Dispute Resolution Mechanism. This dispute resolution mechanism shall not be utilized to resolve disputes which could be addressed through the grievance arbitration procedure(s) set out in the applicable collective agreement. Should a dispute(s) arise between a signatory Union(s) and a signatory employer(sEmployer(s) regarding the application, interpretation or alleged violation of this Memorandum memorandum of Understandingunderstanding, the parties concerned shall meet within 20 twenty (20) calendar days and attempt to resolve the dispute(s) through discussion. Should the dispute remain unresolved after such meetings, any party to the dispute may within a further 10 ten (10) calendar days refer the matter(s) to arbitration. The parties to the dispute shall select a mutually agreed Arbitrator arbitrator within 10 ten (10) calendar days following such referral to arbitration. Should the parties fail to agree upon an Arbitratorarbitrator, either party may forward a request to the Manitoba Labour boardBoard. The above time limits may be extended by mutual agreement and shall be confirmed in writing. The Arbitrator arbitrator shall set his/her own procedures for hearing the dispute and may accept any evidence he/she deems appropriate. The decision of the Arbitrator arbitrator shall be final and binding upon the parties to the dispute. Any costs incurred by either of the parties to the dispute, preceding or during arbitration proceedings, shall be borne by the parties incurring such costs, but cost of the Arbitrator arbitrator shall be borne by the parties in equal shareshares. Signed this day of , 20192010. FOR THE MISERICORDIA WRHA – HEALTH SCIENCES CENTRE SITE FOR THE OPERATING ENGINEERS CENTRE: CANADIAN UNION OF MANITOBAPUBLIC EMPLOYEES, LOCAL 987: 1550 NC:cbc/cope 491 8-Apr-10 MEMORANDUM OF UNDERSTANDING between Concordia Hospital INTERPRETATION 09-14-B BETWEEN CUPE Local 500 and Riverview Health Centre CUPE Local 1550 and WRHA – Health Sciences Centre Misericordia Health Centre Site CUPE Local 1599 and WRHA – Grace Hospital Site CUPE Local 1973 and Concordia Hospital CUPE Local 2509 and Seven Oaks General Hospital Deer Lodge CUPE Local 4641 and WRHA – Nutrition and Food Services – Regional Distribution Facility RE: STAFF MOBILITY APPLICABLE TO THE CUPE FACILITIES WITHIN WRHA It is agreed that should it be necessary to transfer employees with programs from one facility to another in accordance with the provisions of Article 5A, the Employer shall endeavour to the greatest degree possible, to transfer such employee into a position which is within .2 of the EFT of the position occupied by the employee at the sending facility. It is further agreed that should it be necessary to temporarily transfer employees from one facility to another due to extreme or emergency circumstances, in accordance with Article 5B as much notice as possible shall be provided to such employee. Should the temporary transfer be required during the course of a scheduled shift, travel time from the sending to the receiving facility shall be considered time worked. If personal transportation is not available, transportation will be provided. It is further agreed that periods of orientation in Article 5A (iii) and 5B (v) shall be considered time worked. Signed this day of , 2010. FOR WRHA – HEALTH SCIENCES CENTRE SITE FOR CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1550 NC:cbc/cope 491 8-Apr-10 LETTER OF UNDERSTANDING 09-14-C BETWEEN CUPE Local 500 and Riverview Health Centre Inc. Salvation Army CUPE Local 1550 and WRHA – Health Sciences Centre Site CUPE Local 1599 and WRHA – Grace Hospital Site CUPE Local 1973 and Concordia Hospital CUPE Local 2509 and Seven Oaks General Hospital - CUPE Local 4641 and the - International Union of Operating Engineers, Local 987 WRHA – Nutrition and Food Services – Regional Distribution Facility RE: IMPLEMENTATION PURPOSE OF IMPLEMENTING STAFF MOBILITY Implementation and Interpretation of the "Memorandum of Understanding Regarding Staff Mobility Within the Nine Facilities of the WRHA System” (hereinafter referred to as "Staff Mobility Agreement"). This Memorandum is attached to and forms part of this Collective Agreement. Where a conflict exists between this Memorandum and the Staff Mobility Agreement, the terms of this Memorandum will supercede those of the aforementioned Memorandum. The parties agree to implement and interpret that for the purposes of implementing the Letter of Understanding Re: Staff Mobility Agreement as followsand the Memorandum of Interpretation Re: Staff Mobility, the following shall apply:

Staff Mobility Dispute Resolution Mechanism. This dispute resolution mechanism shall not be utilized to resolve disputes which could be addressed through the grievance arbitration procedure(s) set out in the applicable collective agreement. Should a dispute(s) arise between a signatory Union(s) and a signatory employer(s) regarding the application, interpretation or alleged violation of this Memorandum of Understanding, the parties concerned shall meet within 20 calendar days and attempt to resolve the dispute(s) through discussion. Should the dispute remain unresolved after such meetings, any party to the dispute may within a further 10 calendar days refer the matter(s) to arbitration. The parties to the dispute shall select a mutually agreed Arbitrator within 10 calendar days following such referral to arbitration. Should the parties fail to agree upon an Arbitrator, either party may forward a request to the Manitoba Labour board. The above time limits may be extended by mutual agreement and shall be confirmed in writing. The Arbitrator shall set his/her own procedures for hearing the dispute and may accept any evidence he/she deems appropriate. The decision of the Arbitrator shall be final and binding upon the parties to the dispute. Any costs incurred by either of the parties to the dispute, preceding or during arbitration proceedings, shall be borne by the parties incurring such costs, but the cost of the Arbitrator shall be borne by the parties in equal share. Signed this day of SIGNED THIS DAY OF , 2019. FOR THE MISERICORDIA WINNIPEG REGIONAL HEALTH FOR THE INTERNATIONAL UNION OF AUTHORITY OPERATING ENGINEERS CENTRE: OF MANITOBAENGINEERS, LOCAL 987: 987 (Grace General Hospital site) MEMORANDUM OF UNDERSTANDING between UNDERSTANDING‌ Between Concordia Hospital Deer Lodge Centre Health Sciences Centre Misericordia Health Centre Seven Oaks General Hospital Deer Lodge Centre Inc. Salvation Army Grace General Hospital - and the - International Union of Operating EngineersINTERNATIONAL UNION OF OPERATING ENGINEERS, Local LOCAL 987 RE: IMPLEMENTATION OF STAFF MOBILITY Implementation and Interpretation of the "Memorandum of Understanding Regarding Staff Mobility Within the Nine Facilities of the WRHA System” (hereinafter referred to as "Staff Mobility Agreement"). ) This Memorandum is attached to and forms part of this Collective Agreement. Where a conflict exists between this Memorandum and the Staff Mobility Agreement, the terms of this Memorandum will supercede those of the aforementioned Memorandum. The parties agree to implement and interpret the Staff Mobility Agreement as follows:

Staff Mobility Dispute Resolution Mechanism. This dispute resolution mechanism shall not be utilized to resolve disputes which could be addressed through the grievance arbitration procedure(s) set out in the applicable collective agreement. Should a dispute(s) arise between a signatory Union(s) and a signatory employer(s) regarding the application, interpretation or alleged violation of this Memorandum of Understanding, the parties concerned shall meet within 20 calendar days and attempt to resolve the dispute(s) through discussion. Should the dispute remain unresolved after such meetings, any party to the dispute may within a further 10 calendar days refer the matter(s) to arbitration. The parties to the dispute shall select a mutually agreed Arbitrator within 10 calendar days following such referral to arbitration. Should the parties fail to agree upon an Arbitrator, either party may forward a request to the Manitoba Labour board. The above time limits may be extended by mutual agreement and shall be confirmed in writing. The Arbitrator shall set his/her own procedures for hearing the dispute and may accept any evidence he/she deems appropriate. The decision of the Arbitrator shall be final and binding upon the parties to the dispute. Any costs incurred by either of the parties to the dispute, preceding or during arbitration proceedings, shall be borne by the parties incurring such costs, but cost of the Arbitrator shall be borne by the parties in equal share. Signed this day of _, 2019. FOR THE MISERICORDIA HEALTH FOR THE 2019 SEVEN OAKS GENERAL HOSPITAL INTERNATIONAL UNION OF OPERATING ENGINEERS CENTRE: OF MANITOBAENGINEERS, LOCAL 987: 987 MEMORANDUM OF UNDERSTANDING between Concordia Hospital Health Sciences Centre Misericordia Health Centre Seven Oaks General Hospital Deer Lodge Centre Inc. Salvation Army Grace General Hospital - AGREEMENT Between SEVEN OAKS GENERAL HOSPITAL and the - International Union of Operating EngineersINTERNATIONAL UNION OF OPERATING ENGINEERS, Local LOCAL 987 "A" RE: IMPLEMENTATION OF STAFF MOBILITY Implementation and Interpretation of the "Memorandum of Understanding Regarding Staff Mobility Within the Nine Facilities of the WRHA System” (hereinafter referred to as "Staff Mobility Agreement"). This Memorandum is attached to and forms part of this Collective Agreement. Where a conflict exists between this Memorandum and the Staff Mobility Agreement, the terms of this Memorandum will supercede those of the aforementioned Memorandum. JOINT MARKET ADJUSTMENT FUND The The parties agree to implement establish a Joint Market Adjustment Task Force, the purpose of which shall be to determine what if any classifications warrant a market adjustment based on demonstrable recruitment, retention patterns or wage differentials. Market Adjustments are to apply to "Trades" classifications only (not all Classifications). Criteria: - Any adjustment(s) shall be based on demonstrable "recruitment / retention" criteria - ie: adjustment(s) applicable to only those Classifications for which it has been demonstrated that there have been "recruitment / retention" challenges; and interpret - Any adjustment(s) are to apply only to those Classifications for which top of scale rate of pay is below the Staff Mobility Agreement top of scale wage rate for the average wage rate of the Classification counterpart(s) within the reference group of Employers. - No Classification shall receive a wage rate which exceeds the average wage rate of the Classification counterpart(s) within the reference group of Employers for the same effective date(s). Membership on the task force will consist of three (3) representatives from the LRS / Employers and three (3) representatives from IUOE. Additional representatives may be invited to attend as determined by the committee to provide necessary information. The Joint Task Force shall meet on January 17, 2014 in order to determine process. Thereafter, meetings will occur the second Tuesday of each month, at a time and location that is mutually agreed, up until October 1, 2014 where the Market Adjustments will be concluded, or earlier, if the decisions on the allocation of funds have been concluded prior to that date. A "Market Adjustment Fund" will be allocated as follows: October 1, 2014 - $80,000.00 October 1, 2015 - $80,000.00 Any market rate adjustments will be effective, on or after the effective dates listed above, as mutually agreed upon by the Joint Task Force. Costs associated with this Task Force will be borne as follows:

Staff Mobility Dispute Resolution Mechanism. This dispute resolution mechanism shall not be utilized to resolve disputes which could be addressed through the grievance arbitration procedure(s) set out in the applicable collective agreement. Should a dispute(s) arise between a signatory Union(s) and a signatory employer(s) regarding the application, interpretation or alleged violation of this Memorandum of Understanding, the parties concerned shall meet within 20 calendar days and attempt to resolve the dispute(s) through discussion. Should the dispute remain unresolved after such meetings, any party to the dispute may within a further 10 calendar days refer the matter(s) to arbitration. The parties to the dispute shall select a mutually agreed Arbitrator within 10 calendar days following such referral to arbitration. Should the parties fail to agree upon an Arbitrator, either party may forward a request to the Manitoba Labour board. The above time limits may be extended by mutual agreement and shall be confirmed in writing. The Arbitrator shall set his/her own procedures for hearing the dispute and may accept any evidence he/she deems appropriate. The decision of the Arbitrator shall be final and binding upon the parties to the dispute. Any costs incurred by either of the parties to the dispute, preceding or during arbitration proceedings, shall be borne by the parties incurring such costs, but cost of the Arbitrator shall be borne by the parties in equal share. Signed this day of SIGNED THIS DAY OF , 2019. FOR THE MISERICORDIA HEALTH FOR THE CONCORDIA HOSPITAL INTERNATIONAL UNION OF OPERATING ENGINEERS CENTRE: OF MANITOBAENGINEERS, LOCAL 987: 987 MEMORANDUM OF UNDERSTANDING between Between Concordia Hospital Health Sciences Centre Misericordia Health Centre Seven Oaks General Hospital Deer Lodge Centre Inc. Incorporated The Salvation Army Grace General Hospital - and the - International Union of Operating Engineers, Local 987 RE: IMPLEMENTATION OF STAFF MOBILITY Implementation and Interpretation of the "Memorandum of Understanding Regarding Staff Mobility Within the Nine Facilities of the WRHA System” (hereinafter referred to as "Staff Mobility Agreement"). This Memorandum is attached to and forms part of this Collective Agreement. Where a conflict exists between this Memorandum and the Staff Mobility Agreement, the terms of this Memorandum will supercede supersede those of the aforementioned Memorandum. The parties agree to implement and interpret the Staff Mobility Agreement as follows:

Staff Mobility Dispute Resolution Mechanism. This dispute resolution mechanism shall not be utilized to resolve disputes which could be addressed through the grievance arbitration procedure(s) set out in the applicable collective agreement. Should a dispute(s) arise between a signatory Union(s) and a signatory employer(s) regarding the application, interpretation or alleged violation of this Memorandum of Understanding, the parties concerned shall meet within 20 calendar days and attempt to resolve the dispute(s) through discussion. Should the dispute remain unresolved after such meetings, any party to the dispute may within a further 10 calendar days refer the matter(s) to arbitration. The parties to the dispute shall select a mutually agreed Arbitrator within 10 calendar days following such referral to arbitration. Should the parties fail to agree upon an Arbitrator, either party may forward a request to the Manitoba Labour boardBoard. The above time limits may be extended by mutual agreement and shall be confirmed in writing. The Arbitrator shall set his/her own procedures for hearing the dispute and may accept any evidence he/she deems appropriate. The decision of the Arbitrator shall be final and binding upon the parties to the dispute. Any costs incurred by either of the parties to the dispute, preceding or during arbitration proceedings, shall be borne by the parties incurring such costs, but cost of the Arbitrator shall be borne by the parties in equal shareshares. Signed this day of , 2019. FOR THE MISERICORDIA HEALTH FOR THE OPERATING ENGINEERS CENTRE: OF MANITOBA, LOCAL 987: MEMORANDUM OF UNDERSTANDING between Concordia Hospital Health Sciences Centre Misericordia Health Centre Seven Oaks General Hospital Deer Lodge Centre Inc. Salvation Army Grace General Hospital - and the - International Union of Operating Engineers, Local 987 RE(No. 7) BETWEEN ST. BONIFACE GENERAL HOSPITAL AND MANITOBA GOVERNMENT & GENERAL EMPLOYEES’ UNION Re: IMPLEMENTATION OF STAFF MOBILITY Implementation and Interpretation of the "Memorandum of Understanding Regarding Staff Mobility Within the Nine Facilities of the WRHA System” (hereinafter referred to as "Staff Mobility Agreement"). This Memorandum is attached to and forms part of this Collective Agreement. Where a conflict exists between this Memorandum and the Staff Mobility Agreement, the terms of this Memorandum will supercede those of the aforementioned Memorandum. Representative Workforce The parties agree understand that Aboriginal persons are significantly underrepresented in the health care labour force and that additional actions are needed to implement promote and interpret facilitate employment of Aboriginal persons in health care occupations at all levels. It is therefore mutually agreed that the Staff Mobility Agreement as followsundersigned parties will work in cooperation to:

Staff Mobility Dispute Resolution Mechanism. This dispute resolution mechanism shall not be utilized to resolve disputes which could be addressed through the grievance arbitration procedure(s) set out in the applicable collective agreement. Should a dispute(s) arise between a signatory Union(s) and a signatory employer(sEmployer(s) regarding the application, interpretation or alleged violation of this Memorandum memorandum of Understandingunderstanding, the parties concerned shall meet within 20 twenty (20) calendar days and attempt to resolve the dispute(s) through discussion. Should the dispute remain unresolved after such meetings, any party to the dispute may within a further 10 ten (10) calendar days refer the matter(s) to arbitration. The parties to the dispute shall select a mutually agreed Arbitrator arbitrator within 10 ten (10) calendar days following such referral to arbitration. Should the parties fail to agree upon an Arbitratorarbitrator, either party may forward a request to the Manitoba Labour boardBoard. The above time limits may be extended by mutual agreement and shall be confirmed in writing. The Arbitrator arbitrator shall set his/her own procedures for hearing the dispute and may accept any evidence he/she deems appropriate. The decision of the Arbitrator arbitrator shall be final and binding upon the parties to the dispute. Any costs incurred by either of the parties to the dispute, preceding or during arbitration proceedings, shall be borne by the parties incurring such costs, but cost of the Arbitrator arbitrator shall be borne by the parties in equal shareshares. Signed this day of , 20192016. FOR THE MISERICORDIA WRHA – HEALTH SCIENCES CENTRE SITE FOR THE OPERATING ENGINEERS CENTRE: CANADIAN UNION OF MANITOBAPUBLIC EMPLOYEES, LOCAL 987: 1550 MK:cbc/cope 491 26-Jan-16 MEMORANDUM OF UNDERSTANDING between Concordia Hospital INTERPRETATION 15-14-B BETWEEN CUPE Local 500 and Riverview Health Centre CUPE Local 1550 and WRHA – Health Sciences Centre Misericordia Health Centre Site CUPE Local 1599 and WRHA – Grace Hospital Site CUPE Local 1973 and Concordia Hospital CUPE Local 2509 and Seven Oaks General Hospital Deer Lodge CUPE Local 4641 and WRHA – Nutrition and Food Services – Regional Distribution Facility RE: STAFF MOBILITY APPLICABLE TO THE CUPE FACILITIES WITHIN WRHA It is agreed that should it be necessary to transfer employees with programs from one facility to another in accordance with the provisions of Article 5A, the Employer shall endeavour to the greatest degree possible, to transfer such employee into a position which is within .2 of the EFT of the position occupied by the employee at the sending facility. It is further agreed that should it be necessary to temporarily transfer employees from one facility to another due to extreme or emergency circumstances, in accordance with Article 5B as much notice as possible shall be provided to such employee. Should the temporary transfer be required during the course of a scheduled shift, travel time from the sending to the receiving facility shall be considered time worked. If personal transportation is not available, transportation will be provided. It is further agreed that periods of orientation in Article 5A (iii) and 5B (v) shall be considered time worked. Signed this day of , 2016. FOR WRHA – HEALTH SCIENCES CENTRE SITE FOR CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1550 MK:cbc/cope 491 26-Jan-16 LETTER OF UNDERSTANDING 15-14-C BETWEEN CUPE Local 500 and Riverview Health Centre Inc. Salvation Army CUPE Local 1550 and WRHA – Health Sciences Centre Site CUPE Local 1599 and WRHA – Grace Hospital Site CUPE Local 1973 and Concordia Hospital CUPE Local 2509 and Seven Oaks General Hospital - CUPE Local 4641 and the - International Union of Operating Engineers, Local 987 WRHA – Nutrition and Food Services – Regional Distribution Facility RE: IMPLEMENTATION PURPOSE OF IMPLEMENTING STAFF MOBILITY Implementation and Interpretation of the "Memorandum of Understanding Regarding Staff Mobility Within the Nine Facilities of the WRHA System” (hereinafter referred to as "Staff Mobility Agreement"). This Memorandum is attached to and forms part of this Collective Agreement. Where a conflict exists between this Memorandum and the Staff Mobility Agreement, the terms of this Memorandum will supercede those of the aforementioned Memorandum. The parties agree to implement and interpret that for the purposes of implementing the Letter of Understanding Re: Staff Mobility Agreement as followsand the Memorandum of Interpretation Re: Staff Mobility, the following shall apply:

Staff Mobility Dispute Resolution Mechanism. This dispute resolution mechanism shall not be utilized to resolve disputes which could be addressed through the grievance arbitration procedure(s) set out in the applicable collective agreement. Should a dispute(s) arise between a signatory Union(s) and a signatory employer(s) regarding the application, interpretation or alleged violation of this Memorandum of Understanding, the parties concerned shall meet within 20 calendar days and attempt to resolve the dispute(s) through discussion. Should the dispute remain unresolved after such meetings, any party to the dispute may within a further 10 calendar days refer the matter(s) to arbitration. The parties to the dispute shall select a mutually agreed Arbitrator within 10 calendar days following such referral to arbitration. Should the parties fail to agree upon an Arbitrator, either party may forward a request to the Manitoba Labour boardBoard. The above time limits may be extended by mutual agreement and shall be confirmed in writing. The Arbitrator shall set his/her own procedures for hearing the dispute and may accept any evidence he/she deems appropriate. The decision of the Arbitrator shall be final and binding upon the parties to the dispute. Any costs incurred by either of the parties to the dispute, preceding or during arbitration proceedings, shall be borne by the parties incurring such costs, but cost of the Arbitrator shall be borne by the parties in equal share. Signed this day SIGNED THIS DAY OF , 2019 Winnipeg Regional Health Authority On Behalf of , 2019. FOR THE MISERICORDIA HEALTH FOR THE OPERATING ENGINEERS CENTREthe Union: OF MANITOBA, LOCAL 987: (Deer Lodge Centre Site): MEMORANDUM OF UNDERSTANDING between UNDERSTANDING‌ Between Concordia Hospital Deer Lodge Centre Health Sciences Centre Misericordia Health Centre Seven Oaks General Hospital Deer Lodge Centre Inc. Salvation Army Grace General Hospital - and the - International Union of Operating Engineers, Local 987 RE: IMPLEMENTATION OF STAFF MOBILITY Implementation and Interpretation of the "Memorandum of Understanding Regarding Staff Mobility Within the Nine Facilities of the WRHA WHA System” (hereinafter referred to as "Staff Mobility Agreement"). This Memorandum is attached to and forms part of this Collective Agreement. Where a conflict exists between this Memorandum and the Staff Mobility Agreement, the terms of this Memorandum will supercede supersede those of the aforementioned Memorandum. The parties agree to implement and interpret the Staff Mobility Agreement as follows: