WAPSO - Winnipeg Assoc. of Public Service Officers

Riverview Health Center	And	The Winnipeg Association Of Public Service Officers
COLLECTIVE AGREEMENT EFFECTIVE April 1, 2008 to March 31, 2010 Table of Contents \| Full Agreement \| Search Agreement

DEFINITIONS:

Wherever used in this Agreement, the following definitions apply:

a)	Department means any designated part of the administration of the Centre which is under the control of a Department Manager appointed by the President.

b)	Department Manager means the Manager of a Department of the Centre.

c)	Incumbent only means that the employee’s salary will be fixed at his current step in his former salary range, and he will receive in full any general economic wage increase negotiated between the Centre and the Association applied to that step in that salary range.

d)	Red-circled means that an employee’s salary will be fixed at his current step in his former salary range, and he will receive one-half of the amount of any general economic wage increase negotiated between the Centre and the Association, until such time as his salary is at or below the maximum of the new range, at which point the employee shall receive that maximum after which the employee will receive in full any general economic wage increase.

e)	Service means length of employment with the Centre and the City of Winnipeg not broken by termination of employment, and not including the total period of any General Unpaid Leave of Absence that exceeds one month.
	A general Leave of Absence of greater than one month’s duration affects an employee’s anniversary date for purposes of annual increments and an employee’s service.

Application of this Agreement:

This Agreement shall apply to professional, administrative, and supervisory employees of the Riverview Health Centre, with the exception of the following:

a.)

This Agreement shall apply to professional, administrative, and supervisory employees of the Riverview Health Centre, with the exception of the following:


i.)	are an integral part of the senior management team of a division and one of whose major responsibilities is to perform management functions;

ii.)	report directly to the President;

iii.)	act in the place of the President as required;

iv.)	head up a major division of the Centre.

b.)

Employees who fill exempt positions as set out in Schedule A which forms part of this agreement.

c.)

Any employees of the Centre covered by the following Certificates from the Manitoba Labour Board:


i.)	Certificate MLB*4482 held by the Manitoba Nurses Union, Local 1A

ii.)	Certificate MLB*3777 held by the Canadian Union of Public Employees, Local 500.

But shall include those employees of the Centre in classifications set forth in Schedule B-1, which forms part of this Agreement.

New classifications created during the term of this Agreement which fall within the scope of this Agreement, shall be added to Schedule B-1.

It is mutually agreed that should either party herein seek any alterations to the scope of the Application of this Agreement during the life of this Agreement said alterations shall be made only with the mutual consent of both parties to this Agreement.

Part-time Employees

All employees who are regularly scheduled to work fewer than the full-time hours of work shall receive the wage rates and all monetary benefits under this agreement on a pro-rated basis according to their hours of work; and for the sake of clarity, any notice periods or periods of time will not be pro-rated.

Casual employees

A casual employee is one who is not regularly scheduled and who is called in as required to replace or supplement temporarily full time or part time staff. The Centre will provide the Association on a quarterly basis a list of all casual employees engaged, and the hours each worked on a weekly basis in the previous quarter. Notwithstanding the provisions of this agreement relating to monetary benefits, a casual employee is only entitled to the following monetary benefits: the casual employee shall be paid in accordance with the wage rates under this agreement, shall receive vacation pay at the rate of 6% of all hours worked in a bi-weekly period, and shall be paid time and one-half the basic rate of pay for that position if required to work on a public holiday.

Term Employees

A term employee is one who is hired for a specific duration of time or for a specific project or program. Term employees are covered by this collective agreement. The duration of time for which a term employee may be hired shall not exceed one year, and can only be renewed one time unless extended by mutual agreement.

It is agreed that employees hired as maternity and parental leave replacement for a term longer than one year and specified at the beginning of the engagement, shall not receive severance pay so long as the person whom they are replacing returns to work at the time originally set out in the terms of the engagement.

Full-time Employees

A full-time employee is one who is regularly scheduled for no fewer than 35 hours a week.

ARTICLE 3

Bargaining Agent:

The Centre hereby recognizes the Association as the sole bargaining agent for the employees covered by this Agreement, as stated in Article II herein.

The Centre agrees that, subject to two (2) weeks written notice, employees will be allowed time off with pay for Association business of three (3) hours or more duration.

Notwithstanding the foregoing, leave for education-related Association business will only be granted with:

a.)	the approval of the immediate Manager which shall not be unreasonably withheld, and:

b.)	the condition that the Association undertakes to reimburse the Centre for the total cost of wages and benefits where it is necessary to replace the employee.

ARTICLE 4

Salaries:

The rates of pay for the various grades for the duration of this Agreement shall be as set out in the Salary Schedule which forms Schedule B to this agreement.

ARTICLE 5

Vacations:

With the intent of establishing March 31 as the date to which entitlement to annual vacation leaves of all employees shall be computed, then all employees shall accumulate vacation entitlement with pay, in accordance with his years of employment as hereinafter provided:

a.)	The number of working days of paid annual vacation entitlement for employees who, at the last preceding first day of April, had less than one year service shall be equal to fifteen-twelfths (15/12th) of the number of months worked in the twelve month period immediately prior to the said first day of April, calculated to the nearest half day.

b.)	All employees who have completed one year of service as of March 31 shall be entitled to three (3) calendar weeks of annual vacation.

c.)	All employees shall be granted four (4) calendar weeks of annual vacation in the calendar year of their fourth anniversary of service and in each year thereafter.

d.)	All employees shall be granted (5) calendar weeks of vacation in the calendar year of their eleventh anniversary of service and in each year thereafter.

e.)	All employees shall be granted six (6) calendar weeks of vacation in the calendar year of their twenty-first anniversary of service and in each year thereafter.

f.)	If the number of months worked by an employee in the year prior to a vacation period is less than twelve (12) months, the vacation to which he is entitled in that vacation period shall be reduced proportionately to the number of months worked, calculated to the nearest half day.

The Manager shall be responsible for arranging the holiday schedule prior to April 1st of any year, taking into consideration the requests received from employees submitted prior to March 15th.

ARTICLE 6

Public Holidays:

1.)	The following days shall be observed and compensated in time off as public holidays:

	a) New Year’s Day b) Louis Riel Day c) Good Friday d) Easter Monday e) Day fixed for celebration of Queen’s Birthday f) Dominion Day g) The Annual Civic Holiday h) Labour Day i) Thanksgiving j) Remembrance Day k) Christmas l) Boxing Day and any day proclaimed as a public holiday by the Federal Government or the Government of Manitoba. If any of the above holidays should fall on a Saturday or Sunday, it shall be observed on the first following working day or as mutually agreed between the Centre and the Association. Any employee covered by this agreement who works on a Public Holiday shall be granted, in addition to his regular rate of pay, compensation at the rate of double time either in time off, or in pay, the method of compensation to be at the discretion of the Manager.

2.)	Christmas Eve

	One-half (1/2) day shall be granted on the employee’s last normal working day immediately proceeding Christmas Day. This holiday shall be granted as provided to those employees who can be permitted time off. For those employees required to work, payment shall be made at the regular rate of pay, and another one-half (1/2) day compensating time off shall be granted at a time mutually convenient to the employee and management.

ARTICLE 7

Sick Pay Regulations:

1.)

Sick Leave Defined

Sick leave means the period of time an employee is absent from work with full pay by virtue of being sick or disabled or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the Workers’ Compensation Act.

2.)

Annual Paid Sick Leave

Every employee will be credited with one and one-quarter (1¼) days sick leave per month. However, sick leave credits will not accumulate during the period an employee is absent on non-paid leave of disability benefits.

3.)

Accumulation of Sick Leave

The unused portion of an employee’s annual paid sick leave shall accrue to his future benefit.

4.)

Deductions from Sick Leave

A deduction shall be made from accumulated sick leave of all normal working days absent due to sickness. No deductions for absences on account of sickness will be made for period of two (2) hours or less, to a maximum of six (6) such absences per calendar year.

An employee who has had accumulated sick credits and subsequently used all his credits will be entitled to the benefit of this article regarding absences of two (2) hours or less to the maximums noted above.

5.)

Use of Overtime or Compensation Time

After he has exhausted all sick leave credits, any employee, upon submitting a written request to his Manager, may use for bona fide sick leave purposes any overtime or compensating credits or vacation credits available to him.

6.)

Leave Without Pay

a.)	If an employee is to be absent for illness for a period exceeding their accumulated sick leave credits, they must request, or cause someone on their behalf to request a leave of absence in writing for the expected duration of convalescence within ten (10) days of expiry of their accumulated sick leave credits. In such cases, an employee shall be granted an unpaid leave of absence for a period of one (1) month per year of service up to a maximum of twelve (12) months.

b.)	An employee who is accepted for benefits under the Long Term Disability Plan, to commence immediately following the elimination period, will be entitled to unpaid leave of absence of up to two (2) years.

7.)

Notification of Employer

Every employee shall immediately notify or cause someone on his behalf to notify his Manager if he is unable to report to work through sickness.

8.)

Proof of Illness

The Centre may require an employee, on returning to work, to produce a certificate from a medical practitioner, chiropractor, or dentist, certifying that he was unable to carry out his duties due to sickness. Such certification may be subject to review by medical practitioner(s), chiropractor(s), or dentist(s) engaged by the Centre.

In addition, employees absent due to extended sickness may be required to produce a medical certificate including where possible, the estimated date of return of the employee. Employees shall not ordinarily be required to provide any additional medical certificate prior to return except in the following circumstances:

a.)	If an employee is to be absent for illness for a period exceeding their accumulated sick leave credits, they must request, or cause someone on their behalf to request a leave of absence in writing for the expected duration of convalescence within ten (10) days of expiry of their accumulated sick leave credits. In such cases, an employee shall be granted an unpaid leave of absence for a period of one (1) month per year of service up to a maximum of twelve (12) months.

b.)	An employee who is accepted for benefits under the Long Term Disability Plan, to commence immediately following the elimination period, will be entitled to unpaid leave of absence of up to two (2) years.

9.)

Sickness While on Vacation

Where any employee is on vacation for more than three days becomes sick to the extent that he is hospitalized, provided such sickness is shown to be in excess of three (3) days, such employee shall be allowed to use his sick leave credits for the period the medical practitioner states he would have been unable to carry out his duties at work.

10.)

Abuses of Sick Leave

The Centre and the Association agree that suspected abuses of sick leave will be investigated and proven instances of abuse will result in disciplinary action being taken against the employee.

11.)

Right to See Sick Leave Record

Upon request to his Manager, the employee’s sick leave record will be made available for him.

12.)

Sick Pay Supplement for Rehabilitative Employment

If as a result of sickness or accident, an employee is unable to perform the normal functions of his position, but is, however, capable of performing in an alternate position which the Centre is prepared to make available to the employee, the following shall apply:

a.)	Upon medical certification satisfactory to a Medical Practitioner designated by the Centre, the employee will be assigned to the alternate position at the appropriate rate of pay for that position.

b.)	The employee shall be entitled on a bi-weekly basis to utilize his accrued sick credits in units of one-half (½) days in order to supplement his rate of pay in the alternate position; but the combination of sick pay supplement and rate of pay in the alternate position shall not exceed the regular rate of pay in his former position.

13.)

Sick Pay Supplement While on Disability Benefits

Where employees are utilizing sick credits to supplement disability pensions, sick leave credits will be granted on a pro-rata basis. For example, an employee making up one –quarter (¼) of his salary with sick leave credits would be eligible for one-quarter (¼) if the sick leave accumulation normally granted to an employee working full time.

14.)

Sick Pay Supplement – Family Member

a.)	Subject to Article VII (2) of each one and one-quarter (1 ¼) days of sick leave credits accumulated, one day shall be reserved exclusively for the employee’s personal use. The remaining one-quarter (.25) of a day shall be reserved for either the employee’s personal use or for use in the event of family illness as out lined in Article 14 (b). The Employer shall maintain an up to date record of the balance of accumulated sick leave credits reserved for each of these purposes. In the employee’s first year of employment, amend one day to read three-quarters (.75) of a day and amend one quarter (.25) of a day to read one half (.5) of a day.

b.)	Subject to the provisions of 14 (a), an employee may be allowed to utilize accumulated sick leave credits for the purpose of providing care for a family member who is ill. For purposes of this article, family member shall mean: spouse, dependent child, parents, parent-in-law or any person for whom the employee is the primary caregiver. In cases of suspected abuse, management may require proof of illness of the family member as in Article VII 10 above.

15.)

Unused Sick Leave Credits

The Centre agrees that in the case of an employee who has unused sick leave credits, that upon retirement, death or termination of service caused by the transfer of a departmental function, either in total or in part, from the Centre or another administration said employee shall be entitled, or his estate shall be entitled, as the case may be, to receive payment for said unused sick leave credits by monetary payment or retirement leave (the choice of receiving the said monetary payment or taking retirement leave to be in the sole discretion of the employee) an amount equivalent to the total of:

a.)	the number of unused sick leave days standing to his credit which were accumulated during the last five (5) years of service multiplied by the daily rate of his permanent or regular position in effect on his last day of service; and in addition:

b.)	twenty-five percent (25%) of the number of unused sick leave days standing to his credit which were accumulated during the period immediately preceding the last five (5) years of service, multiplied by the daily rate for his permanent or regular position in effect on his last day of service up to a maximum of one hundred and thirty-two (132) days (for part (b)).

c.)	For greater clarification, an employee who has acted in a higher classification(s) for more than 126 days in his last 252 days of service will have the rate of pay calculated on the basis of an average based on time spent in permanent or acting classifications over the last five years (60 months) of service.

ARTICLE 8

MPIC Advance:

a.)

Where an employee is unable to work because of injuries sustained in a motor vehicle accident he must advise his supervisor as soon as possible and he must submit a claim for benefits to the Manitoba Public Insurance Corporation. The employee shall be entitled to receive full income protection benefits for any period of time deemed to be a “waiting period” by MPIC.

b.)

Subject to a), where an employee has applied for MPIC benefits and where a loss of normal salary would result while awaiting the MPIC decision, the employee may submit an application to the Centre requesting an advance subject to the following conditions:

i.)	Advance payment(s) shall not exceed the employee’s basic salary as defined in Article 18 (exclusive of overtime), less the employee’s usual income tax deductions, Canada Pension Plan contributions, and EI contributions.;

ii.)	The advance(s) will cover the period of time from the date of injury in the motor vehicle accident until the date the final MPI decision is rendered. In no case shall the total amount of the advance exceed one hundred percent (100%) of the value of the employee’s accumulated income protection credits.

c.)

The employee shall reimburse the Employer by assigning sufficient MPI payments to be paid directly to the Employer to offset the total amount of the advance or by repayment to the Employer immediately upon receipt of payment made by MPI directly to the employee.

d.)

In the event that MPI disallows the claim, including any appeal, the employee shall be paid for the absence in accordance with the income protection provisions of this Agreement and the Employer shall recover the total amount of the advance from the employee’s accumulated sick time credits.

e.)

Upon request, the Centre will provide a statement to the employee indicating the amount of advance received and repayment(s) made to the Centre.

ARTICLE 9

Workers' Compensation :

1.)

An employee who becomes injured or ill in the course of performing her duties must report such injury or illness as soon as possible to her immediate supervisor.

2.)

An employee unable to work because of a work-related injury or illness will inform the Employer immediately, in accordance with established procedures, so that a claim for compensation benefits can be forwarded to the Workers Compensation Board (W.C.B.).

3.)

Workers Compensation payment will be paid directly to the employee by WCB.

4.)

By application from the employee, the Employer will supplement the award made by theWorkers Compensation Board for loss of wages to the employee by an amount equal to ten percent (10%) of the WCB payment. Such supplementation shall continue for a maximum period of one hundred and nineteen (119) days from the first day of supplement.

5.)

Regular net salary will be based on the employee’s basic salary (exclusive of overtime and premiums) less the employee’s usual income tax deduction, Canada Pension Plan contributions and unemployment insurance contributions, and any benefit plan contributions which are waived under the terms of the plan.

6.)

Subject to the provision of each plan, the employee may request the Employer to deduct from the supplement, if sufficient, the contributions which would have been paid by the employee to the Employer’s pension plan, dental care plan and life insurance plan as if the employee was not disabled. If the supplement is not sufficient, or where the employee elects to receive an advance, the employee may, subject to the provisions of each plan, forward self-payments to the Employer for the first one hundred and nineteen (119) calendar days, to ensure the continuation of these benefit plans. The Employer will contribute its usual contributions to these benefit plans while the employee contributes.

7.)

If at any time it is decided by the Workers Compensation Board that a supplement paid by an Employer during a claim for Compensation Benefits must be offset against benefits otherwise payable by the Workers Compensation Board, such supplementation shall cease immediately and no further supplement shall be payable by the Employer.

8.)

Further to this, the Facility shall notify Workers Compensation of salary adjustments at the time they occur.

9.)

Where an employee has applied for WCB benefits and where a loss of normal salary would result while awaiting a WCB decision, the employee may elect to submit an application to the Facility requesting an advance subject to the following conditions:

a.)	Advance payment(s) shall not exceed the employee’s basic salary, less the employee’s usual income tax deductions, Canada Pension Plan contributions and EI contributions.

b.)	The advance(s) will cover the period of time from the date of injury until the date the final WCB decision is received, however, in no case shall the total amount of the advance exceed seventy percent (70%) of the value of the employee’s accumulated income protection credits.

c.)	The employee shall reimburse the Facility by assigning sufficient WCB payments to be paid directly to the Facility to offset the total amount of the advance.

d.)	In the event that the WCB disallows the claim, including any appeal, the employee shall be paid for the absence in accordance with the income protection provisions of this Agreement and the Facility shall recover the total amount of the advance by payroll deduction.

e.)	Upon request, the Centre will provide a statement to the employee indicating the amount of advance payment(s) made and repayment(s) received by the Employer.

ARTICLE 10

Changes in Working Conditions or Positions:

1.)	The Centre agrees to notify the Association of any changes being made concerning the duties, responsibilities and qualifications for any positions covered under this Agreement, or of any proposed additions and deletions of positions covered by this Agreement, and to hold discussion with the Association on such matters. See Article XXIV.

2.)	The Centre agrees to advise the Association concerning any studies and/or task forces which might be instituted pertaining to any terms and conditions of employment for positions covered by this agreement.

ARTICLE 11

Changes in Working Conditions or Positions:

1.)

Job-Posting

a.)

The Centre agrees prior to filling a vacant position covered by this Agreement and newly created positions which fall within the scope of this Agreement, the position shall be bulletined, except as outlined below:


i.)	Positions may be filled on an “acting” basis without a bulletin for a period not normally to exceed six months. Where such an “acting” appointment does exceed six months and where the Centre has good reason to believe that the situation will continue beyond a further six months, the vacancy shall be bulletined. The Centre will do all that it is reasonably able to do to keep any extensions of the first six (6) months to a minimum.

ii.)	It will not be necessary to bulletin a vacancy that is to be filled through return of an employee from authorized leave of absence, through redeployment of a supernumerary employee, or through redeployment of an employee for rehabilitative purposes, subject to the agreement of the Association, which shall not be unreasonable withheld.

iii.)	It will not be necessary to bulletin a position where it is mutually agreed between the Centre and the Association that, because of extenuating circumstances, a bulletin is not appropriate.

iv.)	It shall not be necessary to bulletin a position which has been assigned a higher salary level as a result of reclassification to the benefit of the incumbent.

b.)

For positions covered by this Agreement, the Centre agrees to post job bulletins within the Centre, and not make an appointment to the position until seven days from the date of posting.

c.)

The Centre agrees to notify the Association in writing of all vacancies and newly created positions within the scope of this Agreement at the same time said vacancies and newly created positions are bulletined as per sub-paragraph (a) above. Further, the Centre agrees to notify the Association in writing of the name of the person who obtained the position within seven (7) days of the filling of said vacancy or newly created position.

2.)

Appointments and Promotion

a.)	It is mutually agreed between the parties herein that in filling vacancies and newly created positions, emphasis shall be placed upon individual ability, achievement and performance rather than length of service with the Centre, but length of service shall nevertheless be considered by the Centre in filling vacancies and newly created positions.

b.)	The date on which the successful applicant is appointed to his new position will be determined by the Centre, normally within sixty (60) calendar days following selection.

c.)	Where an employee is promoted to a higher salary grade, that employee shall receive the step nearest to the pay received before the promotion that gives an increase at least equal to the lowest increase provided between steps in the salary grade to which the promotion is made.

3.)

Annual Increments

a.)	Continuing with the current practice, an employee who is eligible to receive an annual increment will receive that increment unless he performs unsatisfactorily.

b.)	An employee will be eligible to receive an annual increment on the anniversary of the date he was appointed to his position (the “anniversary date”).

c.)	An employee who is placed in a higher-rated position in an acting capacity, who receives the rate of pay of that higher-rated position, and who continues in an unbroken period of temporary appointment to that position, will be eligible for the annual increment of the higher-rated position effective on the anniversary of the date he took on the duties of the higher-rated position (the “anniversary date”).

d.)	An employee who is appointed to a permanent position directly following a period of acting in that position will be eligible for the annual increment of the higher-rated position effective on the anniversary of the date he took on the duties of the higher-rated position (the “anniversary date”).

e.)	The anniversary date of an employee who has taken a general unpaid leave of absence greater than one month’s duration will be moved to a date later in time in an amount equal to the total period of that leave.

4.)

Temporary Changes in Position

a.)	Notwithstanding anything hereinbefore contained, a permanent employee who accepts a temporary or term position shall, upon termination of that position, be placed in a permanent position comparable to, and at an administrative salary level and step not less than, that held prior to the employee’s appointment to the temporary or term position.

b.)	If there is not a comparable position available, the employee shall be allowed to revert to his original position. Should the employee revert to his original position, every effort will then be made to place the person occupying the original position into a comparable position at the same administrative salary level and step.

c.)	When an employee is required to assume essentially all the duties and responsibilities of a higher rated position for a continuous period of time in excess of six (6) weeks, he shall receive at least the minimum salary of the position in which he is acting. In any event, he shall be paid no less than the lowest step that provides for a full increment above his regular salary. This temporary salary adjustment will commence at the end of the first six (6) weeks continuous acting time in that position, but will not include payment for the first six (6) weeks.

ARTICLE 12

Probationary Period:

1.)

Any employee engaged by the Centre into a WAPSO position shall serve a probationary period of six (6) months unless otherwise stipulated for a lesser time period at the time of appointment, or extended in accordance with this agreement. The probationary period may be extended in accordance with the agreement to a maximum of twelve (12) months.

2.)

a.)	Any employee transferred or promoted shall retain rights in the position which he held prior to such transfer for a period of six (6) months. During this six (6) month probationary period he may return to his former position at his own request or at the instance of management if found unsuitable without loss of accumulated rights except for promotions that may have taken place during the period of his absence and which were dealt with in accordance with the provisions of this Collective Agreement.

b.)	Notwithstanding the foregoing, where in the opinion of the Manager, circumstances so warrant, the extension of a probationary period shall be effected by advising the employee involved in writing of the extension with a copy to the Association. Any probationary period extensions shall be effected either at the time of appointment or within the initial probationary period. Where such probationary period extensions are approved, during the period of the extension, the employee may return to his former position at his own request or at the instance of management if found unsuitable.

3.)

The Centre will provide reasons to the employee for any decision to extend probation, to return the employee to his former position if found unsuitable, or to dismiss said employee during a probationary period.

ARTICLE 13

Management Relations Committee:

A Management Relations Committee, comprised of three (3) members of the Association local executive or bargaining unit or their designates, and three members of the Centre appointed by the President shall meet on an “as required” basis at the request of either party to consider matters of mutual concern.

ARTICLE 14

Overtime and Standby:

Where an employee feels he is working an inordinate amount of overtime hours or is required to perform an inordinate amount of standby duty, then he shall first contact his Manager who shall make such arrangements as he deems fair and reasonable. If the employee feels that the Manager has not resolved the matter, then he may report the matter to the Director if applicable. If the employee feels that the Director has not resolved the matter, then he may refer the matter to the President.

ARTICLE 15

Leave of Absence:

An employee granted either parental leave or maternity leave in accordance with this Agreement will be entitled to the continuation of pension and group life coverage as if they were at work at their regular salary. Employees must make their own normal contribution. As well, coverage under the dental and vision plans will continue as if they were at work.

1.)

Parental Leave

a.)	The Centre will grant a Leave of Absence not to exceed fifty-four (54) continuous weeks to any employee who has completed seven (7) months of service with the Centre for the purpose of the actual care and custody of a child after becoming a natural or adoptive parent. The employee shall submit an application in writing, stating the duration of leave requested, to their Manager for Parental Leave at least four (4) weeks before the day on which leave is intended to commence except in the case of an employee intending to take Maternity Leave in which case the employee shall submit their application for Parental Leave at the same time as their application for Maternity leave.

b.)	Parental Leave must commence no later than the first anniversary date of the birth or adoption of the child or the date on which the child comes into the actual care and custody of the employee. However, where an employee intends to take Parental Leave in addition to Maternity Leave, the employee must commence the Parental Leave immediately on expiry of the Maternity Leave without a return to work after expiry of the Maternity Leave and before commencement of the Parental Leave.

c.)	Parental leave shall be considered Leave of Absence without pay.

d.)	Sick Leave credits will not accrue for any period of time the employee is absent on Parental Leave.

e.)	The employee returning to work after Parental Leave shall provide the Centre with at least four (4) weeks notice in writing prior to the date of returning to work except in the case of an employee taking more than thirty-four (34) weeks Parental Leave, in which case at lest twelve (12) weeks notice in writing shall be required.

f.)	On return from Parental Leave, the employee will be placed in a comparable position at not less than the same wages as their position prior to commencement of Parental Leave and without loss of service which had accumulated at the date of their departure.

g.)	An employee on Parental Leave shall remain eligible for promotion providing the employee is available when required by the Department.

2.)

Bereavement Leave

An employee who has completed 6 months of service with the Centre, shall, at his request be granted up to four (4) working days leave with pay for purposes of making arrangements for or attending a funeral in the event of death of a member of his immediate family. For purposes of this Article, immediate family shall mean: spouse, child, brother, sister, sister-in-law, brother-in-law, father, mother, father-in-law, mother-in-law, daughter-in-law, son-in-law, grandparents, grandparent-in-law, or grandchild.

3.)

Funeral Leave

An employee who has completed six (6) months of service with the Centre shall be granted one (1) day leave without loss of salary or wages to attend a funeral as a pallbearer. Where circumstances warrant, such leave may be extended at the discretion of the Manager or his designate. Necessary time off up to one day without loss of salary or wages may be granted an employee to attend a funeral as a mourner.

4.)

General Leave

An employee may be granted leave of absence without pay and without loss of accumulated benefits for compassionate or other special reasons on approval of the Manager.

To the extent possible and practical, the terms of employment for the employee upon his or her return from a general leave of absence in excess of thirty (30) days shall be established in writing between the employee, the Centre, and the Association, at the time of the approval of the leave of absence.

5.)

Jury or Court Witness Duty

The Centre will grant a leave of absence with pay to an employee who is required to be absent from his duties as a result of Jury or Court proceedings. The employee will turn over to the Centre the payments he received for such service, excluding payments for travelling, meals, or other expenses. The employee will present proof of service and payment received.

6.)

Maternity Leave

a.)

The Centre shall grant maternity leave to a female employee who has completed 6 months of service and who submits an application in writing to her Manager for a leave at least four weeks before the day specified by her in the application as the day on which she intends to commence such leave; and who provides her employer with a certificate from a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.

b.)

An employee may elect Maternity Leave under either Plan A or Plan B, depending upon which criteria she meets.

PLAN A

a.)

The Centre shall grant maternity leave to a female employee who has completed six (6) months service and who submits an application in writing to her Manager for a leave at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave; and who provides her employer with a certificate from a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.

b.)

The maternity leave shall consist of a period, not exceeding 20 weeks if delivery occurs on or before the estimated date of delivery specified in the certificate mentioned above, or a period of 20 weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned above and the actual date of delivery, if delivery occurs after the date mentioned in that certificate.

c.)

The maternity leave granted shall commence no earlier than 14 weeks preceding the estimated date of delivery and shall terminate no later than 20 weeks following the actual date of delivery.

d.)

Maternity leave under Plan A shall be considered as leave of absence without pay.

e.)

The employee returning to work after maternity leave shall provide the Centre with at least two (2) weeks notice prior to the date of returning to work. On return from maternity leave, the employee will be placed in a position comparable to and at not less than the same wages as her position prior to her commencement of maternity leave and without loss of service benefits which had accumulated at the date of her departure.

f.)

The Centre may, notwithstanding the above, vary the length of maternity leave upon proper certification by the attending physician.

PLAN B

In order to qualify for Plan B, a pregnant employee must:

a.)	have completed 7 months of service;

b.)	submit to the Manager an application in writing for leave under Plan B at least 4 weeks before the date specified by her in the application as the date on which she intends to commence such leave;

c.)	provide the Centre with a certificate from a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery;

d.)	provide the Centre with proof that she has applied for Employment Insurance benefits and that Human Resource Development Canada (the H.R.D.C.) has agreed that the employee has qualified for and is entitled to such Employment Insurance benefits pursuant to Section 22, Employment Insurance, Act 1977.

ii.

An applicant for Maternity Leave under Plan B must sign an agreement with the Centre to provide that:

a.)	she will return to work and remain in the employ of the Centre on a full-time basis for at least 6 months following her return to work, and

b.)	she will return to work on the date of the expiry of her Maternity Leave unless this date is modified by the Centre in accordance with PLAN B III (c), and

c.)	should she fail to return to work as provided under (a) and/or (b) above, she will be required to reimburse the Centre for the full amount of pay received from the Centre as maternity allowance during the entire period of Maternity Leave.

iii.

An employee who qualifies is entitled to a Maternity Leave consisting of:

a.)	a period not exceeding 20 weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in PLAN B I) (c) or

b.)	a period of 20 weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in PLAN B I) (c) and the actual date of delivery, if delivery occurs after the date mentioned in that certificate.

c.)	the Centre may notwithstanding the above vary the length of Maternity Leave upon proper certification by the attending physician.

iv.

During the period of Maternity Leave, an employee who qualifies is entitled to a Maternity Leave allowance in accordance with PLAN B as follows:

a.)	for the first 2 weeks an employee shall receive 93% of her weekly rate of pay;

b.)	for up to a maximum of 15 additional weeks, payments equivalent to the difference between the E.I. benefits the employee is eligible to receive and 93% of her weekly rate of pay.

c.)	All other time as may be provided under PLAN B iii) shall be on leave without pay basis.

PLAN B does not apply to part-time employees.

vi.

The employee returning to work after maternity leave shall provide the Centre with at least two (2) weeks’ notice prior to the date of returning to work. On return from Maternity Leave the employee will be placed in a position comparable to and at not less than the same wages as her position prior to her commencement of Maternity Leave and without loss of service benefits which had accumulated at the date of her departure.

7.)

Benefits While on Leave Without Pay

Employees who are on an authorized leave of absence, without pay, will be allowed, on request, to pay the premiums for the fringe benefits as provided in this Agreement within the policies and regulations governing said benefits.

ARTICLE 16

Employee Grievances:

1.)

Definition: The word “Grievance” used throughout this Article shall mean a complaint involving any matter relating to wages, hours of work, other terms or conditions of employment, or any other working condition of any employee covered by this Agreement and shall include, without restricting the generality of the foregoing, any difference between the parties relating to the meaning, interpretation, application or alleged violation of this agreement, or any part thereof.

2.)

It is always preferable that employee-employer differences be resolved directly between the employee and his supervisor. Where that is not possible, the grievance procedure is intended to provide a process of resolution that is positive and constructive. The grievance procedure outlined hereafter is an extension of the problem-solving process, and is intended to resolve differences in an expeditious manner so far as possible. In keeping with that intent, the parties agree to disclose and exchange all particulars and information, excluding internal privileged documents, respecting the matters of the grievance, throughout the grievance process and at all times as early as reasonably possible to promote settlement at the earliest possible stage.

3.)

Preamble:

i.)	Steps 1 to 3 of the following procedure shall apply to all matters of grievance with the exception of disciplinary matters. In the case of matters of a disciplinary nature, an employee who feels he has been unjustly dealt with may proceed directly to Step 2 of the following procedure.

ii.)	Notwithstanding the time limits specified in the following grievance procedure, longer time periods may be substituted by mutual agreement. Such agreement shall not be unreasonably withheld.

4.)

Grievance Procedure

Should any employee subject to this Agreement believe he has been unjustly dealt with, or that any of the provisions of this Agreement have been violated, he shall attempt to resolve the grievance in the following manner:

Step 1.	Within 30 working days of the event, or final event in a series of events which have occurred over a period not to exceed 12 months, or of the alleged violation of the Collective Agreement, the employee shall discuss the matter with his immediate Manager.

Step 2.	If the employee does not obtain satisfaction from the immediate Manager and wishes to pursue the grievance further, then the employee shall, within 60 working days of the event outlined in Step 1 or, if the event in question is a disciplinary matter, within 15 working days of disciplinary action, and either by himself or through the Association, refer the matter to the Director, who shall meet with the Association and the employee within 15 working days of the receipt of the referral and render a decision within ten working days of the meeting.

Step 3.	If the decision of the Director fails to resolve the grievance to the satisfaction of the aggrieved employee, the Association and/or the aggrieved employee may appeal the decision in writing to the President and request and receive a hearing within thirty (30) working days of the receipt of the appeal. Such appeal shall be submitted within 45 working days of the written decision of the Director. The President shall render his decision within thirty (30) working days after the hearing has been held.

Step 4.	If the decision of the President fails to resolve the grievance to the satisfaction of the Association, the Association may decide to go to arbitration and, having made that decision, they shall within thirty (30) working days of receiving the written decision of the President, refer the grievance to arbitration, in accordance with the provisions of Article XVIII of this Agreement.

5.)

The Centre agrees to recognize the Association as the sole agency through which grievances covered under this Article will be processed; provided that this will not prevent an employee from processing a grievance on his own behalf in accordance with the provision of Steps 1 to 3 of this Article.

6.)

The Association may process a grievance of a general nature (called a “policy grievance”) with respect to matters of dispute which affect the general membership of the Association. Such a policy grievance would be processed in accordance with the provisions of this Article.

7.)

In the event of any controversy concerning the meaning, interpretation or alleged violation of this Agreement or any portion thereof, and in the event that a satisfactory adjustment cannot be reached between the parties by following the procedures outlined in Steps 1 to 3 above, either party may submit such dispute to Arbitration. It is agreed between the parties that in those cases it is desirable to use a single arbitrator.

8.)

A single arbitrator will be used unless the parties agree to invoke a three-person Board, using the process set out in Article XVIII of this Agreement.

ARTICLE 17

Association Dues:

1.)	The Centre agrees to deduct from the salaries of each employee covered by this Agreement, whether or not the employee is a member of the Association, the amount of the regular bi-weekly Association dues, and/or any uniform special assessment authorized at a general meeting of the Association, payable by a member of the Association, except that where the employee is not a member of the Association, the amount deducted shall not include any portion of such dues that is payable in respect of pension, superannuation, sickness, insurance or other benefits that are available only to persons who are or have been members of the Association or in special assessments payable by members of the Association.

2.)	The Centre agrees to remit the amounts deducted under sub-paragraph 1. above to the Association bi-weekly and further agrees to inform the Association bi-weekly of the names of the employees from whose wages deductions have been made under sub-paragraph 1. above and the amounts so deducted from each employee’s wages.

3.)	Where an employee covered by this Agreement has satisfied the Manitoba Labour Board that by reason of religious beliefs he is by conscience opposed to (i) joining the Association and (ii) paying dues to the Association, the Centre shall not remit to the Association the amounts deducted in compliance with sub-paragraph 1. above, but shall remit the amounts so deducted to a charity agreed upon by the employee and the Association, and if no Agreement can be concluded regarding the charity to which said amounts are to be paid, the Centre shall pay said amounts to a charity designated by the Manitoba Labour Board.

4.)	The Centre further agrees with the Association that the said deductions shall continue during the life of this Agreement and after the expiry date thereof, during the entire period that any negotiations, including arbitration, are proceeding with a view to concluding a new collective agreement.

5.)	In consideration of the premises and of the Centre making the compulsory deduction of Association dues as herein provided, the Association agrees to and does hereby indemnify and save the Centre harmless from all claims, demands, actions and proceedings of any kind and from all costs which may arise or be taken against the Centre by reason of the Centre making the compulsory deduction of Association dues provided for in Subsection XVII 1. hereof.

ARTICLE 18

Arbitration:

1.)	In connection with any matters pertaining to wages and working conditions covered in this Agreement, the Centre and the Association agree that the bargaining representatives chosen by the Association shall meet with the President for the purpose of negotiating wages and working conditions.

2.)	If negotiations in regard to the matters outlined in subparagraph 1. above shall fail, any dispute between the Centre and the Association regarding wages and working conditions as therein set forth shall be settled by reference to an arbitration board of three (3), one to be chosen by the Centre and one by the Association and the third (who shall be Chairman) by the two so chosen.

3.)	The selection of an arbitrator by each party to the arbitration shall be made within 20 days after the written request for arbitration has been received, and the other party to the arbitration shall be notified of such selection forthwith.

4.)	If either party fails to appoint its arbitrator as herein provided, then the other party may request the Manitoba Labour Board to select such arbitrator.

5.)	If the two arbitrators appointed as herein provided shall fail within fourteen (14) days from the date of their last meeting, to agree upon the third arbitrator the said two arbitrators shall then forthwith request the Manitoba Labour Board to select such arbitrator.

6.)	Where the parties agree to a single Arbitrator, he shall be selected by mutual consent. In the event the parties cannot agree on a single Arbitrator within twenty (20) working days, the arbitration will revert to a three man board.

7.)	An Arbitrator of a Board of Arbitration appointed pursuant to this Article, shall meet and hear the evidence from the Association and from the Centre, and shall issue an award within ninety (90) calendar days after completion of hearing the evidence, unless the parties hereto agree to extend or abridge the time for issuance of the award. An award issued by an Arbitrator, or by a majority in the case of a Board of Arbitration, shall be deemed to be final and binding on all parties to the arbitration.

8.)	An Arbitrator of a Board of Arbitration shall have the authority to determine whether any matter referred to it is arbitrable.

9.)	The Centre and the Association agree that each will bear an equal share of the fees and expenses incurred as a result of the appointment of a single arbitrator, and in the case of a Board of Arbitration, the Centre and the Association agree that each will be responsible for the fees and expenses of their respective appointees and that each will bear an equal share of the fees and expenses of the Chairman of the Board of Arbitration.

10.)	An Arbitrator or a Board of Arbitration hearing an arbitration relating to a grievance shall not be authorized to make any decisions inconsistent with the provisions in this collective agreement.

ARTICLE 19

Letters/Memorandums of Understanding and of Agreement:

The parties hereto agree that the Letters of Understanding and of Agreement attached hereto and marked as Schedules A, B, C, D, E, F, G, H, I, J, K, L, M and N form part of this agreement and are binding on the parties hereto.

ARTICLE 20

Duration, Renewal or Revision of Agreement:

1.)	This Agreement shall become effective and operative from and including *April 1, 2008 and shall continue in force and in effect up to and including 31 March 2010*and thereafter from year to year unless terminated or renewed as hereinafter provided.

2.)	Should either party to this Agreement desire to renew, revise or terminate this Agreement, then not less than sixty (60) days nor more than ninety (90) days prior to the expiry date of this agreement such party shall give written notice to the other party of such intent.

3.)	Following receipt of the written notice to renew or revise the agreement, the parties will arrange to exchange particulars related thereto and be prepared to commence negotiations within thirty (30) calendar days of such exchange.

4.)	Only those matters referred to in the said particulars shall be subject to negotiations unless otherwise mutually agreed upon.

5.)	Should any law now existing or hereafter enacted or any proclamation, regulation or edict invalidate any portion of this Agreement, the entire Agreement shall not be invalidated thereby and either party hereto may reopen negotiations on the invalidated portion by giving notice to the other party.

ARTICLE 21

Technical Information:

The Centre shall make available to the Association, on request, existing information required by the Association such as job descriptions, positions in the bargaining unit, wage rates, and financial and actuarial information pertaining to benefit plans.

ARTICLE 22

Dental Plan:

It is hereby agreed by the Centre and the Association that commencing January 1st, 1981, the Centre shall pay 100% of the premium cost of a Dental Plan which will provide payment according to the Dental Fee Guide in effect from time to time as approved by the Manitoba Dental Association.

Pursuant to the terms of the Dental Plan, coverage will be provided to the Centre’s employees, including members of the Association as defined by the Collective Agreement and eligible dependents of such members.

Employees can access up to date booklets containing a summary of the plan from the Human Resources Department.

ARTICLE 23

Vision Care:

The Riverview Health Centre agrees to continue a standard Blue Cross Vision Care Plan for eligible employees and their eligible dependent(s) with 100% of the cost of the Plan to be paid by the Centre.

Eligibility for benefits and the definition of dependent(s) shall be consistent with those utilized by the Riverview Health Centre Dental Plan. Maximum benefits payable under this Plan shall be:


	For full-time employees/dependent(s) - $175.00 per eligible person in a 24 month period;

	For part-time employees/dependent(s) - $87.50 per eligible person in a 24 month period.

This benefit shall be adjusted from time to time during the length of this collective agreement so that the benefit received by employees in the WAPSO bargaining unit in a calendar year will be not less favourable than that received by a majority of other Centre employees who receive this benefit.

ARTICLE 24

Classifications:

1.)	New classifications When a new job is to be created within the scope of this Agreement, the Centre will notify the Association in writing before establishing the new job or rate of pay, and will provide a job description to the Association outlining the duties and responsibilities of the position. The parties shall negotiate the rate of pay; in the event that agreement is not reached on the rate, the Association may treat the negotiations as a completion of Steps 3 and 4 of the grievance procedure and proceed to arbitration. This shall not preclude the Centre from filling the position at the Centre’s proposed salary rate. Any adjustment made by the arbitrator shall be made retroactive to the date the position was filled.

2.)	Changes to existing classifications When changes are made to an existing job within the scope of this Agreement, the Centre will notify the Association in writing before making the changes, and will provide a job description to the Association outlining the changes in duties and responsibilities of the position. The parties shall negotiate the rate of pay; in the event that agreement is not reached on the rate, the Association or the Centre may treat the negotiations as a completion of Steps 3 and 4 of the grievance procedure and proceed to arbitration. If the changes are such that the Centre proposes to increase the rate, then the rate will be so increased. Any further upward adjustment made by the arbitrator shall be made retroactive to the date the changes were made. If the changes are such that the Centre proposes to decrease the rate, then the incumbent will be treated as incumbent only for three years and red-circled thereafter, for so long as the incumbent holds the position. Any person filling the position who is not an incumbent in the position will receive the rate proposed by the Centre; any further upward adjustment made by the arbitrator shall be made retroactive to the date that person filled the position.

3.)	Maintenance of full-time status No full-time employee will be changed from full-time to part-time or casual without the consent of the Association, which will not be unreasonably withheld.

ARTICLE 25

Pensions:

1.)	The parties agree to participate in the Winnipeg Civic Employees Benefit Program (the “Program”) and to be bound by its terms and conditions, including any applicable trust agreements, plan texts or other governance documents, written polices and guidelines. The Program shall consist of the Winnipeg Civic Employees Pension Plan, the Winnipeg Civic Employees Disability Plan and the Winnipeg Civic Employees Early Retirement Arrangement;

2.)	Any disputes with respect to member benefits under the Program shall not be subject of the grievance and arbitration procedure under this agreement, but shall be subject to adjudication under the terms of the Program documents and such procedures that the Program Trustees may adopt from time to time, or such procedures as may otherwise be available at law.

3.)	This benefit shall be adjusted from time to time during the length of this collective agreement so that the benefit received by employees in the WAPSO bargaining unit in a calendar year will be not less favourable than that received by a majority of civic employees who receive this benefit through the Employee Benefits Program.

4.)	A summary of the Pension Plan is available from the Centre.

ARTICLE 26

Notice of Resignation or Retirement:

A permanent employee desiring to leave the service of the Centre shall, unless excused therefrom by the Manager, give notice thereof in writing as follows:

a.)	Sixty (60) calendar days notice, exclusive of vacation time and pre-retirement leave, in the case of a retiring employee. The employee shall have the right to rescind such notice up to the last twenty (20) working days of the notice;

b.)	Twenty (20) working days notice, exclusive of vacation time, in the case of a resigning employee.

SCHEDULE A referred to in the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

WAPSO Classifications:

Coordinator, Pastoral Care Services
Coordinator, Volunteer Services
Coordinator, Financial Services
Accountant
Pharmacist
Dietitian
Coordinator, Health Information
Chaplain
Safety Coordinator

SCHEDULE B - WAGE PACKAGE

SCHEDULE C of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

LETTER OF UNDERSTANDING: CAR ALLOWANCE

The Centre and The Association agree that the Centre’s transportation policy, from time to time, should apply to WAPSO members and that, should the Centre’s transportation policy be revised during the life of this Collective Agreement, the terms and the revised policy shall be automatically provided to Association members who are required to utilize their privately owned vehicles in the course of their normal duties.

SCHEDULE D of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

LETTER OF UNDERSTANDING: MANAGERIAL RECOGNITION CLAUSE

Five (5) additional days relief from duty, pro-rated for part-time employees, shall be granted as additional recognition of the nature of, and the responsibilities of the positions within the scope of this agreement, in which the requirement for variable work schedules and additional work hours are demonstrated. These days are to be taken in the calendar year in which they are granted and cannot be accumulated. The time at which these days are to be taken will be at the discretion of the Manager. If the number of months worked by an employee during the calendar year is less than 12 months, then the 5 days shall be reduced proportionately to the number of months worked, calculated to the nearest half day.

SCHEDULE E of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

LETTER OF UNDERSTANDING: SELF-FUNDED LEAVE PROGRAM

The parties agree in principle to the implementation of a self-funded leave program, so long as the following parameters are met:

1.)	That the self-funded leave program is self-sustaining and the Centre does not incur any cost to carry the plan.

2.)	That the Centre shall be indemnified from any potential financial liability.

3.)	That it complies with all Revenue Canada guidelines.

4.)	That the Trust Fund be handled by one banking or like organization.

5.)	That employee participation in the program is subject to prior approval by the Manager. Disputes regarding participation may be referred to the President. However, the Manager’s decision shall be final.

SCHEDULE F of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

LETTER OF AGREEMENT: REDUCTION IN STAFFING LEVELS

When a position within the WAPSO bargaining unit is eliminated, is planned to be eliminated, or is or will not be funded by the Centre, such that a reduction in staffing levels in the WAPSO bargaining unit may occur, the Centre agrees to do all that it is reasonably able to do to alleviate or eliminate the impact on employees, including, wherever reasonably possible, accommodating it through attrition.

i.)

Notice of proposed elimination or non-funding of position(s) to be provided to WAPSO

The Centre shall notify WAPSO of any proposal to eliminate or not to fund a position that might result in a reduction in staffing levels, specifying job title, number of employees, and the reasons for which the positions are being eliminated. Such notice shall be given at least 90 working days prior to the proposed implementation, and no elimination of any position or reduction in staffing levels, and/or notice under clause 4, can take place until this notice provision has been complied with.

ii.)

Conditions of Reassignment

When an employee whose position is being eliminated is offered and accepts reassignment to a position with a lower salary range, the employee shall be reassigned on an “incumbent only” basis for three years, and red-circled thereafter. The effective date of the “incumbent only” status shall be the date upon which the incumbent is assigned the duties and responsibilities of the new position.

iii.)

Severance Package for Redundant Employees

If the Centre decides that it is necessary to reduce staffing levels in the WAPSO bargaining unit, an employee may be declared redundant subject to the following:

Forty working days’ notice of termination, or payment in lieu thereof, shall be provided to the employee, in writing, a copy to be provided to the Association. The said notice must run consecutively following the expiry of the notice period required in Section (I), notwithstanding the date on which the Centre desires to declare the employee redundant. The notice period, but not the payment in lieu thereof, may be extended by mutual agreement.

Where an employee expresses an interest in pursuing other employment, the employee shall be provided at his or her option with reasonable relocation consulting services.

Severance pay in addition to the forty working days’ notice (and in addition to any other payable benefits under this collective agreement) shall be provided to the employee based on the rate applicable on the date the employee ceases to be employed by the Centre in the following amount:


i.)	An employee will receive three weeks pay for each year of employment to a maximum of forty-six (46) weeks.

ii.)	In addition to the above, an employee within ten years of eligibility for pension (either by virtue of age or years of service, whichever is closest), will receive an additional pro-rated sick pay cash-out payment based on the formula of {[(11 - (years from eligibility)] divided by 10} multiplied by sick pay cash-out (computed according to the formula in existence at the time of the declaration of redundancy).

iii.)	At the employee’s option, severance pay may be broken into two payments paid so as to maximize, within the law, the employee’s tax treatment, provided the payment period does not exceed thirteen months.

iv.)	The employee will receive dental and vision care coverage from the Centre for a period of three (3) years from the actual date of termination.

iv.)

Centre retains right to determine size of workforce

Nothing in this Letter of Agreement is intended to limit the Centre’s right to determine the size of the workforce, nor shall any terms of this Letter have any bearing on the termination of an employee for cause.

Letter of Agreement forms part of Collective Agreement

This Letter of Agreement forms part and parcel of the collective agreement between the parties in force from time to time.

SCHEDULE G of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

LETTER OF AGREEMENT: NO HARASSMENT

The Employer and the Association jointly affirm that every employee is entitled to a respectful workplace which is free from discrimination and harassment.

The parties agree that there is to be no discrimination based on the protected characteristics under the Human Rights Code.

The Employer and the Association agree that no form of harassment shall be condoned in the workplace and it is further agreed that both parties will work together in recognizing and dealing with such problems, should they arise. Situations involving harassment shall be treated in a confidential manner by the Employer, the Association and the employee(s).

The definition of harassment shall consist of the definition contained in the Human Rights Code and shall further include the definition of harassment set out in the Respectful Workplace Policy.

SCHEDULE H of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

LETTER OF UNDERSTANDING: STANDBY AND CALLBACK TERMS

Certain WAPSO classifications may from time to time, be required to be on standby to be available for callback in the instance of an emergency at Riverview Health Centre. The employees filling these positions will, when required to be on standby, receive compensation for standby duties at the rate of two (2) hours for each eight (8) hours of standby.

Actual hours worked including travel time to be compensated in accordance with Article XIV.

SCHEDULE I of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

LETTER OF UNDERSTANDING: CALL BACK RATES - PHARMACIST POSITION

The parties agree that for the purposes of compensating for call backs worked by a Pharmacist with the Centre, the following will apply:

A Pharmacist required to report back to work after leaving the grounds of the Centre following completion of a shift but before commencement of his/her next shift shall be paid at overtime rates of pay, with a guaranteed minimum of three (3) hours at overtime rates. If the extra time worked under this section commences less than three (3) hours before the start of a shift, the guaranteed minimum in overtime rates will not apply. In such cases, the Pharmacist will be paid at overtime rates from the time he/she started to work to the beginning of his/her shift. Such call back must be authorized prior to or as soon as possible after the call back notification.

For the purposes of call backs the following overtime rates will apply:

a.)	The Pharmacist shall receive one and one-half (1 ½) times his/her basic rate of pay for the first three (3) hours of authorized call back in any one day;

b.)	The Pharmacist shall receive two (2) times his/her basic rate of pay for overtime beyond the first three (3) hours in any one day;

c.)	The Pharmacist shall receive two (2) times his/her basic rate of pay for a second call back in any one day;

d.)	The Pharmacist shall receive two and one-half (2 ½) times his/her basic rate of pay for all hours worked on a Recognized Holiday.

SCHEDULE J of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

MEMORANDUM OF UNDERSTANDING - RE: REPRESENTATIVE WORKFORCE

The parties understand that Aboriginal persons are significantly underrepresented in the health care labour force and that additional actions are needed to promote and facilitate employment of Aboriginal persons in health care occupations at all levels. It is therefore mutually agreed that the undersigned parties will work in cooperation to:

a.)	Develop strategic initiatives and programs that: foster mutual respect, trust, fairness, open communication and understanding; focus on recruiting, training, and career development of Aboriginal workers; identify workplace barriers that may be discouraging or preventing Aboriginal workers from entering and remaining in the workforce; facilitate constructive race and cultural relations;

b.)	Promote and publicize initiatives undertaken to encourage, facilitate and support the development of a representative workforce;

c.)	Promote and publicize initiatives undertaken to encourage, facilitate and support the development of a representative workforce;

SCHEDULE K of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

MEMORANDUM OF UNDERSTANDING - RE: OVERPAYMENT OF STAFF

The Employer may not make deductions from wages unless authorized by statute, by Court Order, by Arbitration Award, by this Agreement, by the Union or to correct an overpayment error made in good faith. Where an error has been made in good faith, the Employer shall be entitled to recover any overpayment made for a period of time that does not extend further back than 12 months from the date of discovery, provided:

(a) once the error is discovered, notice and a detailed breakdown of the error is given by the Employer to the affected employee and the Union as soon as practicable;

(b) The proposed recovery is made in as fair and reasonable a manner as possible; and,

(c) The proposed recovery is made over a period of time which is no less than the period during which the overpayment was made unless otherwise agreed between the Employer and the employee.

In the event the employee retires from, or leaves the employ of, the Employer before the Employer is able to fully recover an overpayment as contemplated in this Article, the Employer shall be entitled to make a full recovery at the time of retirement or termination of employment of that employee and reduce accordingly any payments that might be owing to that employee to recover that overpayment.

SCHEDULE L of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

MEMORANDUM OF UNDERSTANDING - RE: DIETICIAN PROFESSION LEAD

Until such time as the regional Allied Health model of the Dietician classification has been finalized and agreed to between the parties, the present incumbent in the Profession Lead role, Diane Korbaylo, shall be paid at her current rate of pay on a “present incumbent only “ basis.

SCHEDULE M of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

MEMORANDUM OF UNDERSTANDING - RE: OVERTIME

The total annual salary paid to employees covered by the WAPSO Collective Agreement and five (5) days (prorated for part time) of compensatory time off granted each calendar year shall be deemed compensation for all regular annual hours of work as defined by this Agreement and up to a maximum of one hundred (100) hours (prorated for part time) of overtime worked in each calendar year. In cases where employees work less than the equivalent of full time annual hours in the calendar year as defined by this agreement, the maximum overtime shall be prorated to the nearest number of full time months of service.

Should the employee terminate employment prior to working their regular annual hours in that calendar year, and should they have already received their five (5) days of compensatory time off, their entitlement shall be prorated to the nearest number of full time months of service and the difference will be deducted from their final pay.

Pursuant to this Letter of Understanding, no additional compensation, monetary or otherwise, shall be required for the first one hundred (100) hours (prorated for part time) of overtime worked in any calendar year by any employee covered by this agreement.

To be eligible for overtime compensation, employees must:
- advise their manager well in advance of being near the 100 hour threshold
- be able to provide evidence that overtime up to this point has been required and worked
- have written authorization to work beyond the 100 hour threshold

This letter of Understanding shall not be construed to mean that employees covered by this Agreement have an absolute requirement to work any predetermined number of overtime hours on a calendar year basis; however some additional hours are expected to have been worked. This is an extension of the Letter of Understanding: Managerial Recognition Clause whereby it is understood that the nature of and the responsibilities of the positions within the scope of this agreement may involve variable work schedules and additional hours of work.

SCHEDULE N of the Collective Agreement between the Riverview Health Centre and the Winnipeg Association of Public Service Officers.

RE: WAGE SETTLEMENT

Article	Agreement
Schedule B Wage Package	2.5% - April 1, 2008 2.9% - April 1, 2009
Pharmacist Allowance	Delete Pharmacist Allowance and roll the remaining $5,000 into base salary.