Work of the Bargaining Unit (a) In order to protect the standard of nursing care, the Employer shall not contract out the work normally performed by members of this bargaining unit except: i) For purposes of instruction, ii) In the event of an emergency situation, iii) When performing developmental or experimental work, or iv) When employees are not available due to an employee not reporting for work as scheduled or not being available for work. (b) Reassignment to other employees of work normally performed by members of the bargaining unit shall not result in the termination, layoff or reduction in hours of any member of the bargaining unit. (c) When it is decided to not fill a position following an employee’s resignation, the Home will provide the rationale in writing for this decision to the Union. The Union may request a meeting to make representations on this matter.
Collective Bargaining Unit 1.1 The Company recognizes the Union as the sole bargaining agent for all regular, part-time and temporary employees1, including technicians of the construction field forces and security employees but excluding: (a) Employees now represented by other bargaining agents. (b) Persons above the rank of working supervisor. (c) Persons who exercise managerial functions in accordance with the Ontario Labour Relations Act. (d) Persons employed in a confidential capacity in matters relating to labour relations in accordance with the Ontario Labour Relations Act. 1.2 The grievance/arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by the Company which results in the exclusion of any employee or position from the bargaining unit. The parties will attempt to resolve disputes expeditiously. 1 "Employees" are employees pursuant to the Labour Relations Act for Ontario SO, 1995, c.1 Schedule A, as amended. 1.3 When an employee is removed from normal duties to act in a vacated position or relieve for an incumbent or perform a temporary assignment, the following shall apply: (a) When the length of time involved is known to be three months or less, the employee will retain his/her present jurisdictional status. (b) When it is expected that the length of time will be longer than three months, the employee will be excluded or included at the commencement of his/her new responsibilities. However, in the event the period is actually less than three months: (1) in exclusion cases, the Union will be reimbursed the dues which would have been paid; (2) in inclusion cases, the Union will reimburse the employee the dues which have been paid. (c) When the length of time is unknown, the employee will retain his/her present jurisdictional status up to the three month period. If the period extends beyond three months, the employee will then be either included or excluded.
