DRUG AND ALCOHOL REHABILITATION SOCIETY B.C. GOVERNMENT AND SERVICE EMPLOYEES' UNION (BCGEU) Effective from April 1, 1994 to March 31, 1997

Transcription

1 COLLECTIVE AGREEMENT between the DRUG AND ALCOHOL REHABILITATION SOCIETY and the B.C. GOVERNMENT AND SERVICE EMPLOYEES' UNION (BCGEU) Effective from April 1, 1994 to March 31, v

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3 TABLE OF CONTENTS DEFINITIONS... 1 ARTICLE 1 - PREAMBLE Purpose of Agreement Future Legislation Conflict With Regulations Singular and Plural Human Rights Code No Cessation of Work... 3 ARTICLE 2 - UNION RECOGNITION AND RIGHTS Bargaining Agent or Recognition Correspondence No Other Agreement Recognition and Rights of Stewards Stewards Bulletin Boards Union Insignia Right to Refuse to Cross Picket Lines Time Off for Union Business Emergency Services... 6 ARTICLE 3 - UNION SECURITY... 6 ARTICLE 4 - CHECK OFF OF UNION DUES... 6 ARTICLE 5 - EMPLOYER AND UNION SHALL ACQUAINT NEW EMPLOYEES... 6 ARTICLE 6 - EMPLOYER'S RIGHTS... 6 ARTICLE 7 - EMPLOYER-UNION RELATIONS Representation Union Bargaining Committees Union Representatives Technical Information... 7 ARTICLE 8 - GRIEVANCES Queries and Complaints Grievance Procedure Step Time Limited to Present Initial Grievance Step Failure to Act Time Limit to Submit to Arbitration Administrative Provisions... 8 (i)

4 8.9 Dismissal or Suspension Grievances Deviation from Grievance Procedure General Interpretation Grievances Technical Objections to Grievances Effective Date of Settlements Investigator Amending of Time Limits ARTICLE 9 - ARBITRATION Notification Composition of the Board of Arbitration Failure to Appoint Board Procedure Decision of Board Disagreement Decision Expenses of Arbitration Board Amending Time Limits Expedited Arbitration Mediation - Arbitration ARTICLE 10 - DISMISSAL, SUSPENSION AND DISCIPLINE Burden of Proof Dismissal and Suspension Dismissal and Suspension Grievance Right to Grieve Disciplinary Action Personnel File Right to Have Steward Present Rejection During Probation Harassment ARTICLE 11 - SENIORITY Seniority Defined Seniority List Same Service Seniority Date Loss of Seniority Re-employment Bridging of Service ARTICLE 12 - PROMOTIONS AND STAFF CHANGES Job Postings Selection Criteria Trial Period Right to Grieve ARTICLE 13 - LAYOFF AND RECALL Layoff Advance Notice Severance Pay (ii)

5 ARTICLE 14 - HOURS OF WORK Annual and Daily Hours Work Schedules Conversion of Hours Interruptions in Work Patterns Lieu Days Rest Periods Meal Periods Clean up Time Minimum Daily Pay ARTICLE 15 - SHIFT WORK Definition of Shifts and Shift Premiums Notice of Work Schedules Short Changeover Premium Exchange of Shifts ARTICLE 16 - CAREER DEVELOPMENT Purpose Joint Committee - Education and Training Course Leave Educational Leave On-the-Job Orientation ARTICLE 17 - OVERTIME Definitions Authorization and Application of Overtime Overtime Entitlement Overtime Compensation Meals During Overtime No Layoff to Compensate for Overtime Right to Refuse Overtime Callout Provisions Overtime for Part-time Employees ARTICLE 18 - PAID HOLIDAYS Paid Holidays Holidays Falling on Saturday or Sunday Holiday Falling on a Day of Rest Holiday Coinciding With a Day of Vacation Working on a Day of Rest Christmas or New Year's Day Off Paid Holiday Pay Work on a Paid Holiday Paid Holidays: Gateway Shifts ARTICLE 19 - ANNUAL VACATIONS (iii)

6 19.1 Annual Vacation Entitlement Vacation Earnings for Partial Years Vacation Scheduling Vacation Pay Approved Leave of Absence With Pay During Vacations Vacation Carryover Call Back on Vacation Prime Time Vacation Period Preference in Vacation Vacation Credits Upon Death ARTICLE 20 - SICK LEAVE AND LONG TERM DISABILITY PLAN Sick Leave Long Term Disability ARTICLE 21 - SPECIAL AND OTHER LEAVE Bereavement Leave Special Leave Family Illness Full-time Union or Public Duties Leave for Court Appearances Elections General Leave Leave for Medical and Dental Care Definition of Child ARTICLE 22 - MATERNITY, PARENTAL & ADOPTION LEAVES Maternity Leave Parental/Adoption Leave Seniority Rights on Re-employment Extension of Maternity Leave Sick Leave Credits ARTICLE 23 - OCCUPATIONAL HEALTH AND SAFETY Statutory Compliance Injury Pay Provision Transportation of Accident Victims Health and Safety Committee Safety and Accidents ARTICLE 24 - TECHNOLOGICAL CHANGE ARTICLE 25 - CONTRACTING OUT ARTICLE 26 - HEALTH AND WELFARE Basic Medical Insurance Extended Health Care Plan Dental Plan (iv)

7 26.4 Group Life Workers' Compensation Board Claim Medical Examination Retirement Savings Plan ARTICLE 27 - PAYMENT OF WAGES AND ALLOWANCES Equal Pay Paydays Rates of Pay Rate of Pay on Reclassification or Promotion Downward Reclassification of Position Mileage Allowance Meal Allowance Salary Rate Upon Employment Expenses Within Headquarters Area ARTICLE 28 - CLASSIFICATION AND RECLASSIFICATION Job Description and Classification Job Classification ARTICLE 29 - JOINT COMMITTEE Establishment of a Joint Committee Meetings of Committee Chairperson of Committee Responsibilities of Committee ARTICLE 30 - AUXILIARY EMPLOYEES Letter of Appointment Seniority Loss of Seniority Employment Policy for Auxiliaries Application of Agreement Health and Welfare Designated Paid Holidays Annual Vacation ARTICLE 31 - GENERAL CONDITIONS Work Clothing Political Activity Copies of Agreements Personal Duties On-Call Supervisor Allowance Rest Break Facility ARTICLE 32 - TERM OF AGREEMENT Duration Notice to Bargain Commencement of Bargaining (v)

8 32.4 Change in Agreement Agreement to Continue in Force Effective Date of Agreement APPENDIX 1 HOURLY WAGE RATES (vi)

9 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 1 For the purpose of this Agreement: DEFINITIONS 1. "bargaining unit" is the unit for collective bargaining described in the certificate issued by the Labour Relations Board on February 11, 1981 covering employees of the Drug and Alcohol Rehabilitation Society Detox Unit for whom the B.C. Government and Service Employees' Union is the bargaining agent. 2. "basic pay" means the rate of pay negotiated by the parties to this Agreement, as specified in Appendix I. 3. "continuous employment" and "continuous service" mean uninterrupted fulltime employment with the Drug and Alcohol Rehabilitation Society pursuant to Article "child", for purposes of Articles 21.1, 21.2 and 21.3 includes a ward of the Superintendent of Child Welfare currently residing with an employee, or a child of a spouse. 5. "day" means a calendar day unless otherwise specified. 6. "day of rest" in relation to an employee, means a day other than a holiday on which an employee is not ordinarily required to perform the duties of his/her position. This does not include employees on leave of absence. 7. "employee" means a member of the bargaining unit and includes: (a) (b) "permanent employee" - meaning an employee who is employed for work which is of a continuous full-time nature; "auxiliary employee" - meaning an employee who is employed for work which is not of a continuous full-time nature such as: temporary positions which are filled from a roster of employees who work on a casual basis. Does not include the Executive Director and Manager of Client Services and the Administrative Assistant position. "Employee" does not include persons employed for specific periods of less than sixty (60) days. 8. "Employer" means the Drug and Alcohol Rehabilitation Society, Victoria, B.C., hereinafter referred to as DARS or as the Board. 9. "headquarters or geographic location" is that area within a radius of thirty-two (32) km of where an employee ordinarily performs his/her duties. 10. "holiday" means the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a paid holiday in this Agreement. 11. "hours of operation" are the hours established by DARS to provide adequate service to the public and to fulfil the functions of the work unit.

10 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page "layoff" is a cessation of employment as a result of a reduction of the amount of work required to be done by the Employer. 13. "leave of absence with pay" means to be absent from duty with permission but with pay; 14. "leave of absence without pay" means to be absent from duty with permission but without pay. 15. "probation" for an employee is the six (6) month period immediately following initial appointment or such further period not to exceed six (6) months. 16. "promotion" means a change from an employee's position to one with a higher maximum salary level. 17. "resignation" means a voluntary notice by the employee that he/she is terminating his/her service on the date specified. 18. "rest period" is a paid interval which is included in the work day and is intended to give the employee an opportunity to have refreshments or a rest. 19. "spouse" means a person of the opposite sex to whom the employee is legally married or a commonlaw or same sex relationship and shall be deemed to mean a man or a woman who resides with the employee and who presents publicly as his/her spouse. 20. "standard complement" means a complement of at least one male and one female per shift. (This will not prevent the Employer from having two males or two females on duty at once if persons of the appropriate sex are not available.) 21. "trial period" means a period of sixty (60) work shifts after a promotion or transfer during which an employee's performance in a position is evaluated. 22. "Union" means the B.C. Government and Service Employees' Union. 23. "work schedule" means the roster of work hours and days to meet the annual hours of work. 24. "week" means the seven (7) consecutive day period commencing 0001 hours Sunday to the following 2400 hours Saturday.

11 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 3 _ - PREAMBLE.1 Purpose of Agreement (a) The purpose of this Agreement is to establish and maintain orderly collective bargaining procedures between the Employer and the Union. (b) The parties to this Agreement share a desire to improve the quality of services provided by the Drug and Alcohol Rehabilitation Society in Victoria, British Columbia. Accordingly, they are determined to continue, within the framework provided by the law, an effective working relationship at all levels of DARS in which members of the bargaining unit are employed. (c) Subject to the provisions of the Agreement entered into between the Drug and Alcohol Rehabilitation Society and the B.C. Government and Service Employees' Union, the purpose of this Agreement is to maintain a harmonious and mutually beneficial relationship between the Employer and all employees of the bargaining unit and to set out the terms and conditions of employment for all employees included in the bargaining unit. (d) The Employer and the Union recognize the benefit to be derived from a work environment free from harassment where the conduct and/or language of all employees meets the acceptable social standard of the workplace. The Employer and the Union agree to maintain such an environment..2 Future Legislation In the event that any future legislation renders null and void or materially alters any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement, and the parties hereto shall negotiate a mutually agreeable provision to be substituted for the provision so rendered null and void or materially altered..3 Conflict With Regulations In the event that there is a conflict between the contents of this Agreement and any regulations or policy made by the Employer, or on behalf of the Employer, this Agreement shall take precedence over the said regulations or policy..4 Singular and Plural Wherever the singular is used in this Agreement, the same shall be construed as meaning the plural if the context requires, unless specifically stated..5 Human Rights Code The parties hereto subscribe to the principles of the Human Rights Code of British Columbia..6 No Cessation of Work During the life of this Agreement, the Board agrees that it will not direct any lockout of employees, and the Union agrees that neither the Union, nor any employee shall authorize, encourage, or participate in any strike, walkout, suspension of work or work slowdown except in pursuance of normal contract renewal procedures. This clause is not intended to interfere with the rights of employees specified in Clause 2.8 of

12 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 4 this Agreement. Any employee who violates a provision of this clause shall be subject to disciplinary action. _ - UNION RECOGNITION AND RIGHTS.1 Bargaining Agent or Recognition The Employer recognizes the B.C. Government and Service Employees' Union as the exclusive bargaining agent for all employees to whom the certification issued by the Labour Relations Board on February 11, 1981 applies..2 Correspondence The Employer agrees that all correspondence between the Employer and the Union related to matters covered in this Agreement, as it applied to that employee, shall be sent to the President of the Union or his/her designate..3 No Other Agreement The Employer will not require and the Union will not authorize any employee who is covered by this Agreement to make a written or oral agreement with the Employer which is in conflict with the terms of this Agreement..4 Recognition and Rights of Stewards The Employer recognizes the Union's right to select stewards and/or alternates to represent employees. The Employer and the Union will agree on the number of stewards, taking into account both operational and geographic considerations. The Union agrees to provide the Employer with a list of the employees designated as stewards and/or alternates. A steward, or the alternate, shall obtain the permission of the immediate supervisor before leaving work to perform duties as a steward. Leave for this purpose shall be with pay. Such permission shall not be unreasonably withheld. On resuming normal duties, the steward shall notify the supervisor. The duties of stewards shall include: (a) Investigation of complaints of an urgent nature. (b) Investigation of grievances and assisting any employee whom the steward represents in presenting a grievance in accordance with the grievance procedure. (c) (d) Supervision of ballot boxes and other related functions during ratification votes. Attending meetings at the request of the Employer..5 Stewards

13 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 5 The Employer will provide the Union with the names and positions of its designated representatives for dealing with stewards..6 Bulletin Boards The Employer shall provide bulletin board facilities for the exclusive use of the Union within the Detox Unit. The use of such bulletin board facilities shall be restricted to the business affairs of the Union..7 Union Insignia A Union member shall have the right to wear or display the recognized insignia of the Union. The Union agrees to furnish to the Employer at least one union shop card, for each of the Employer's places of operation covered by this Agreement, to be displayed on the premises. Such card will remain the property of the Union and shall be surrendered upon demand..8 Right to Refuse to Cross Picket Lines All employees covered by this Agreement shall have the right to refuse to cross a picket line arising out of a dispute as defined in the Labour Code of British Columbia. Any employee failing to report for duty shall be considered to be absent without pay. Failure to cross a picket line encountered in carrying out the Employer's business shall not be considered a violation of this Agreement nor shall it be grounds for disciplinary action..9 Time Off for Union Business (a) Without Pay - leave of absence without pay and without loss of seniority will be granted: (1) to an elected or appointed representative of the Union to attend conventions of the Union and bodies to which the Union is affiliated; (2) for elected or appointed representatives of the Union to attend to Union business which requires them to leave their general work area; (3) for two (2) employees who are representatives of the Union on a bargaining committee to attend meetings of the bargaining committee; (4) to employees called by the Union to appear as witnesses before an Arbitration Board or the Labour Relations Board. (b) With Pay (1) When negotiations are conducted during their regularly scheduled working hours, leave of absence without loss of basic pay and without loss of seniority will be granted to two (2) employees who are local unit officers of the BCGEU and who are representatives of the Union bargaining committee, in order to carry on contract negotiations with the Employer. (2) Should negotiations occur on a day when a local unit officer was regularly scheduled to work, however, on a shift other than the one scheduled for the officer, the officer shall be permitted to absent herself/himself from work to attend negotiations, without loss of basic pay. The Union shall reimburse the Employer for these wages and benefit costs.

14 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 6 To facilitate the administration of this section when leave without pay is granted, the leave shall be given with basic pay and the Union shall reimburse the Employer for salary and benefit costs, including travel time incurred. Leave of absence granted under this article shall include sufficient travel time. The Union shall provide the Employer with reasonable notice prior to the commencement of leave under this article. It is understood that employees granted leave of absence pursuant to this article shall receive their current rates of pay while on leave of absence with pay. The Employer agrees that any of the above leaves of absence shall not be unreasonably withheld..10 Emergency Services The parties recognize that in the event of a strike or lockout as defined in the Labour Code of British Columbia situations may arise of an emergency nature. To this end, the Employer and the Union will agree to provide services of an emergency nature. _ - UNION SECURITY (a) All employees in the bargaining unit who, on April 1, 1981, were members of the Union or thereafter became members of the Union shall, as a condition of continued employment, maintain such membership (subject to the provisions of Section 11 of the Labour Code of British Columbia). (b) All employees hired on or after April 1, 1981 shall, as a condition of continued employment, become members of the Union, and maintain such membership, upon completion of thirty (30) days as an employee (subject only to the provisions of Section 11 of the Labour Code of British Columbia). (c) Nothing in this Agreement shall be construed as requiring a person who was an employee prior to April 1, 1981, to become a member of the Union. _ - CHECK OFF OF UNION DUES (a) The Employer shall deduct the dues specified by the Union from the monthly salary of each member in the bargaining unit, and remit such dues to the Union on a monthly basis. (b) (c) All employees shall complete an authorization form providing for the deduction of Union dues. The Employer agrees to provide a statement for the amount of dues deducted on the T4 form. _ - EMPLOYER AND UNION SHALL ACQUAINT NEW EMPLOYEES The Employer agrees to acquaint new employees with the fact that a Collective Agreement is in effect and with the conditions of employment set out in the articles dealing with Union Security and Dues Check-off. A new employee shall be advised of the name and location of the steward. Whenever the steward is employed in the same work area as the new employee, the employee's immediate supervisor will introduce him/her to the steward. Where operational requirements permit, the Employer agrees that a Union steward will be given an opportunity to interview each new employee within regular working hours, without loss of pay, for fifteen (15) minutes sometime during the first thirty (30) days of employment for the purpose of acquainting the new employee with the benefits and duties of Union membership and the employee's responsibilities and obligations to the Employer and the Union.

15 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 7 _ - EMPLOYER'S RIGHTS The Union acknowledges that the management and directing of employees in the bargaining unit is retained by the Employer, except as this Agreement otherwise specifies. _ - EMPLOYER-UNION RELATIONS.1 Representation No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. To implement this, the Union shall supply the Employer with the names of its officers and similarly, the Employer shall supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business..2 Union Bargaining Committees A Union Bargaining Committee shall consist of up to two (2) members of the bargaining unit plus the President of the Union, or his/her designate, as outlined in Article 2.9(b) of this Agreement..3 Union Representatives The Employer agrees that access to its premises will be granted to members of the staff of the Union when dealing or negotiating with the Employer, as well as for the purpose of investigating and assisting in the settlement of a grievance subject to advance approval from the Employer being obtained in each case..4 Technical Information The Employer agrees to provide to the Union such information that is available relating to employees in the bargaining unit, as may be required by the Union for collective bargaining purposes. _ - GRIEVANCES.1 Queries and Complaints With the exception of Employer actions related to discipline, should an employee have a query or complaint about any aspect of the Employer's operation or practices an answer may be sought by the affected employee with the appropriate Employer official before preceding to grievance under Article 8.3. Nothing in this clause shall limit or nullify the employee's rights under Article 10.6 of this agreement..2 Grievance Procedure The Employer and the Union recognize that grievances may arise concerning: (a) differences between the parties respecting the interpretation, application, operation, or any alleged violation of a provision of this Agreement, or Arbitral Award, including a question as to whether or not a matter is subject to arbitration; or (b) the dismissal, discipline, or suspension of an employee bound by this Agreement.

16 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 8 The procedure for resolving a grievance shall be the grievance procedure in this article..3 Step 1 In the first step of the grievance procedure, every effort shall be made to settle the dispute with the designated local supervisor. The aggrieved employee shall have the right to have the steward present at such a discussion. If the dispute is not resolved orally, the aggrieved employee may submit a written grievance, through the Union steward, to Step 2 of the grievance procedure. Where the aggrieved employee is a steward, he/she shall not, where possible, act as a steward in respect of his/her own grievance but shall submit the grievance through another steward or Union Staff Representative..4 Time Limited to Present Initial Grievance An employee who wishes to present a grievance at Step 2 of the grievance procedure, in the manner prescribed in Clause 8.5, must do so no later than thirty (30) days after the date: (a) On which he/she was notified orally or in writing, of the action or circumstances giving rise to the grievance; (b) On which he/she first became aware of the action or circumstances giving rise to the grievance..5 Step 2 (a) Subject to the time limits in 8.4, the President of the Union or his/her designate may present a grievance at this level by: (1) recording this grievance on the appropriate grievance form, setting out the nature of the grievance and the circumstances from which it arose; (2) stating the article or articles of the Agreement infringed upon or alleged to have been violated, and the remedy or correction required; (3) transmitting this grievance to the Executive Director of DARS or his/her designate through the Union official; (4) the Executive Director or his/her designate shall provide the Union with a receipt stating the date on which the grievance was received. (b) The Executive Director shall reply in writing to the grievance within fourteen (14) days..6 Failure to Act If the President of the Union, or his/her designate, does not present a grievance within the above time limit, the grievance will be deemed to be abandoned. However, the Union shall not be deemed to have prejudiced its position on any future grievance..7 Time Limit to Submit to Arbitration Failing satisfactory settlement at Step 2, and pursuant to Article 9, the President, or his/her designate, may inform the Employer of his/her intention to submit the dispute to arbitration within:

17 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 9 (a) (b) thirty (30) days after the Employer's decision has been received; thirty (30) days after the Employer's decision was due..8 Administrative Provisions (a) mail. Replies at Step 2 of the grievance procedure and notification to arbitrate shall be by registered (b) Grievances, replies, and notification shall be deemed to be presented on the day on which they are registered, and received on the day they were delivered to the appropriate office of the Employer or the Union. (c) In the event of a dispute, strike, lockout, or other work stoppage in the Canada Post Office, within British Columbia, this section shall not apply..9 Dismissal or Suspension Grievances In the case of a dispute arising from an employee's suspension or dismissal, the grievance may commence at step 2 of the grievance procedure within thirty (30) days of the date on which the suspension occurred, or within thirty (30) days of the employee receiving notice of dismissal..10 Deviation from Grievance Procedure The Employer agrees that, after a grievance has been initiated by the Union, the Employer's representatives will not enter into discussion or negotiation with respect to the grievance, whether directly or indirectly, with the aggrieved employee without the consent of the Union. In the event that, after having initiated a grievance through the grievance procedure, an employee endeavours to pursue the same grievance through any other channel, then the Union agrees that, pursuant to this article, the grievance shall be considered to have been abandoned..11 General Interpretation Grievances Where either party to this Agreement disputes the general application, interpretation, or alleged violation of an article of this Agreement, the dispute shall be discussed initially with the Employer or the Union, as the case may be, within sixty (60) days of the occurrence. Where no satisfactory agreement is reached, either party may submit the dispute to arbitration, as set out in Article 9 of this Agreement..12 Technical Objections to Grievances It is the intent of both parties to this Agreement that no grievance shall be defeated merely because of a technical error, other than time limitations, in processing the grievance through the grievance procedure. To this end, an arbitration board shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case..13 Effective Date of Settlements

18 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 10 Settlements reached at any step of the grievance procedure in this article, other than 8.10, shall be applied retroactively to the date of the occurrence of the action or situation which gave rise to the grievance, but not prior to the effective date of the Agreement in effect at the time of the occurrence or the date set by the board of arbitration..14 Investigator Where a difference arises between the parties relating to the dismissal, discipline or suspension of an employee, or the interpretation, application, operation or alleged violation of the agreement, including any question as to whether a matter is arbitrable during the term of the Collective Agreement, the investigator agreed to by the Parties shall, at the request of either Party: (a) (b) investigate the difference; define the issue in the difference; and (c) make written recommendations to resolve the difference within five (5) days of the date of receipt of the request and for those five (5) days from that date, time does not run in respect of the grievance procedure..15 Amending of Time Limits The time limits fixed in this grievance procedure may be altered by mutual consent of the parties, but the same must be in writing. _ - ARBITRATION.1 Notification Where a difference arising between the parties relating to the interpretation, application, or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in Article 8, notify the other party within thirty (30) days of the receipt of the reply at the second step, of its desire to submit the difference or allegations to arbitration..2 Composition of the Board of Arbitration When a party has requested that a grievance be submitted to arbitration, it shall indicate to the other party to the Agreement within seven (7) days: (a) its intention to submit the matter in dispute to a single arbitrator to be agreed upon by both parties; should either party not agree to submit the dispute to a single arbitrator, both parties shall then have seven (7) days to name their appointee pursuant to (b) of this article; (b) within seven (7) days thereafter the other party shall indicate the name of its appointee to the Board of Arbitration. The two (2) appointees shall then meet to select an impartial chairperson..3 Failure to Appoint

19 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 11 If the recipient of the notice fails to appoint an arbitrator, or the two appointees fail to agree upon a Chairperson within seven (7) days of their appointment, the appointment shall be made by the Minister of Labour pursuant to Section 95 of the Labour Code of British Columbia..4 Board Procedure The Board may determine its own procedure in accordance with the Labour Code of British Columbia and shall give full opportunity to all parties to present evidence and make representations. It shall hear and determine the difference or allegation and shall make every effort to render a decision within thirty (30) days of the conclusion of the hearing..5 Decision of Board The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Arbitration Board shall be final, binding, and enforceable on the parties. The Board shall have the power to dispose of a discharge or discipline grievance by any arrangement which it deems just and equitable. However, the Board shall not have the power to change this Agreement or to alter, modify, or amend any of its provisions..6 Disagreement Decision Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Arbitration Board to reconvene the Board to clarify the decision, which it shall make every effort to do within seven (7) days..7 Expenses of Arbitration Board Each party shall pay: (a) (b) the fees and expenses of the nominee it appoints; one-half (1/2) of the fees and expenses of the Chairperson..8 Amending Time Limits The time limits fixed in the arbitration procedure may be altered by mutual consent of the parties but the same must be in writing..9 Expedited Arbitration In accordance with Section 104 of the Labour Relations Code, either party may refer an unresolved grievance to expedited arbitration as provided therein..10 Mediation - Arbitration The parties may by mutual agreement refer to one or more grievances to mediation-arbitration in accordance with Section 105 of the Labour Relations Code. _ - DISMISSAL, SUSPENSION AND DISCIPLINE.1 Burden of Proof

20 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 12 In all cases of discipline, the burden of proof of just cause shall rest with the Employer..2 Dismissal and Suspension The Administrator, or his/her designate, may dismiss or suspend any employee for just cause. Notice of dismissal shall be in writing and shall set forth the reasons for dismissal..3 Dismissal and Suspension Grievance All dismissals and suspensions may be subject to formal grievance procedure under Article 8 of this Agreement. A copy of the written notice of dismissal or suspension shall be forwarded to the President of the Union within five (5) days of the action being taken..4 Right to Grieve Disciplinary Action Disciplinary action, grievable by the employee, shall include written censures, letters of reprimand, suspension notices, and adverse reports or performance evaluation. An employee shall be given a copy of any such document placed on the employee's file which might be the basis of disciplinary action. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse though the grievance procedure and the eventual resolution thereof shall become part of his/her personnel record. Upon the employee's request any such document, other than performance evaluation, shall be removed from the employee's file after the expiration of eighteen (18) months from the date it was issued provided there has not been a further infraction. The Employer agrees not to introduce as evidence in any hearing any document from the file of an employee, the existence of which the employee was not aware at the time of filing..5 Personnel File An employee, or the President of the Union (or his/her designate) with the written authority of the employee, shall be entitled to review an employee's personnel file, in the office in which the file is normally kept, in order to facilitate the investigation of a grievance. The employee or the President, as the case may be, shall give the Employer adequate notice prior to having access to such files..6 Right to Have Steward Present (a) An employee shall have the right to have a steward present at any discussion with supervisory personnel which the employee believes might be the basis of disciplinary action. Where a supervisor intends to interview an employee for disciplinary purposes the supervisor shall make every effort to notify the employee in advance of the purpose of the interview in order that the employee may contact a steward, providing that this does not result in an undue delay of the appropriate action being taken. This clause shall not apply to those discussions that are of an operational nature and do not involve disciplinary action. It is understood that where the steward is off duty but attends such interviews such time shall not be paid. (b) A steward shall have the right to consult with a Staff Representative of the Union and to have a local Union Representative present at any discussion with supervisory personnel which the steward believes might be the basis of disciplinary action against the steward; providing that this does not result in an undue delay of the appropriate action being taken..7 Rejection During Probation

21 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 13 The Executive Director may reject any probationary employee for just cause. The test of just cause for rejection shall be a test of suitability of the probationary employee for continued employment in the position to which he/she has been appointed, provided that the factors involved in suitability could reasonably be expected to affect work performance. Where an employee feels he/she has been aggrieved by the decision of the Board to reject the employee during the probationary period, he/she may grieve the decision through the formal grievance procedure within fourteen (14) days of receiving the notice of rejection..8 Harassment (a) (1) The Union and the Employer recognize the right of the employees to work in an environment free from harassment. The Employer agrees to take all reasonable steps to protect its employees from harassment by other employees, staff, clients and/or the general public. The Employer undertakes to discipline any person employed by DARS who is found to have engaged in harassment. (1) An employee may contact the appropriate Employer representative, or a Union official to discuss the resolution of a concern arising from alleged harassment prior to the submission of a formal complaint. (2) The Union or the Employer, as the case may be, will notify the other party within three (3) days of any complaint received under this clause. (3) Formal complaints of any alleged harassment must be submitted in writing to the Employer as soon as possible but in any case not later than forty-five (45) days after the latest alleged occurrence. (4) Investigations conducted by the Employer pursuant to sub-section (4) shall be done with the utmost discretion and confidentiality. The Union shall be apprised, in confidence, of the resulting facts of any such investigation and the action proposed by the Employer to be taken to remedy the situation. (5) For harassment complaints of a sexual and/or sensitive nature, the Union and the appropriate Employer representative may, by mutual agreement, appoint a single investigator. An investigator will be appointed within five (5) days thereafter. The investigator will conduct an investigation and submit a report on the facts to the Employer within fifteen (15) days of being appointed, which results will then be communicated by the Employer, in confidence, to the Union. (b) Sexual harassment means engaging in conduct of a sexual nature that is uninvited and is known or ought reasonably to be known to be unwelcome and objectionable to the complainant, and shall be defined as: (1) sexual assault; (2) sexually suggestive remarks, compromising invitations, or demands for sexual favours; (3) inappropriate or unwanted touching; (4) repeated or persistent leering at a person's body; (5) use of sexually objectionable visual or written materials;

22 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 14 (b) Personal harassment means engaging in the use of words, gestures, actions or visual displays which are known or ought reasonably to be known to be abusive or offensive to another person, and shall be defined as: (1) verbal abuse, threats, insults, taunts, or challenges in a manner likely to provoke a violent response or disorderly outburst; (2) unsolicited and unwelcome remarks, jokes, innuendo or flagrant disrespect toward a person's body, attire, age, marital status, ethnic origin, religion, social culture, or sexual orientation; (3) uninvited practical jokes which embarrass; (4) unsought telephone calls or calls which serve no legitimate work related purpose; (5) communications in language knowingly coarse, profane and/or provocative and offensive. (c) In cases where allegations of harassment involve another employee, the employee claiming to be harassed has the right to discontinue contact with the alleged offender, pending determination of the complaint. In cases where a complaint results in the transfer of an employee, where possible it shall be the alleged offender who is transferred, subject to sub-section (h)(3) following. The complainant will not be transferred against his/her will. (d) Where the complaint is determined to be of a vexatious, vindictive or mischievous nature, the Employer may take appropriate action. Such action shall only be for just cause and may be grieved pursuant to Article 8. (e) Where a complainant is dissatisfied with the actions of the Employer under sub-section (a) or (d) preceding, the employee may initiate a grievance under this clause, pursuant to Article 8 of this collective agreement. Such grievance shall be initiated at Step 2 of the grievance procedure. (f) Should a grievance filed under the preceding section involve an Employer representative who normally processes grievances at Step 2, the grievor shall file the grievance with a senior representative of the Employer instead, or if the alleged offender is the DARS administrator, with the Board of Directors. Grievances filed under this clause will be treated in strict confidence by both the Union and the Employer. (g) All alleged offender under this clause shall be entitled: (1) to be given notice of the substance of a complaint under this clause; (2) to be given notice of and to attend, participate in, and be represented at any hearing which is held as a result of a complaint under this clause, and (3) to have their workplace circumstances dealt with on a without prejudice basis pending determination of the facts of the case following completion of the investigation. (h) An arbitrator, hearing a grievance under this clause, shall have the authority to: (1) dismiss the grievance,

23 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 15 (2) determine the appropriate level of discipline, and/or remedy; (3) make such further order as may be necessary to provide a final and conclusive settlement of the grievance. (i) An alleged offender under this clause shall not be entitled to grieve disciplinary action taken by the Employer which is consistent with the award of the arbitrator. (j) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct DARS business with an alleged offender under this clause. (k) Harassment does not include legitimate attempts by the Employer, in good faith: (1) to address workplace performance deficiencies and/or; (2) to exercise the Employer's managerial supervisory rights and responsibilities. ARTICLE 2 - SENIORITY.1 Seniority Defined For the purpose of this Agreement: (c) "Service seniority" shall mean the length of continuous service as a permanent employee of DARS. Service seniority for auxiliary employees shall be calculated on the basis of hours worked..9 Seniority List (a) A permanent employee shall receive a letter of appointment clearly stating his/her employment status and salary. (b) The Employer shall maintain a service seniority list showing the date each permanent employee commenced employment with DARS. An up-to-date service seniority list shall be sent to the President of the Union prior to the expiry of this Agreement. (c) The Employer agrees to provide the President of the Union with the name, classification, date of hire and nature of appointment of all auxiliary employees currently employed by DARS..10 Same Service Seniority Date When two (2) or more permanent employees have the same service seniority date and when mutual agreement cannot be reached, then seniority shall be determined by merit except in the case of vacation scheduling when seniority shall be determined by chance..11 Loss of Seniority

24 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 16 A permanent employee on leave of absence without pay, other than leave of absence for an elected or appointed position in the Union, shall not accrue seniority for leave periods over thirty (30) calendar days. A permanent employee who is on leave of absence without pay in an elected or appointed position of the Union shall continue to accrue seniority without benefits during the leave period, provided that, upon returning, the employee shall accept the first available position in his/her original classification at the work location nearest his/her residence. An employee shall lose his/her seniority as a permanent employee in the event that: (a) (b) (c) (d) he/she is discharged for just cause; subject to 11.5, he/she voluntarily terminates his/her employment or abandons his/her position; he/she is on layoff for more than one (1) year; he/she becomes an auxiliary employee..2 Re-employment A permanent employee who resigns his/her position and within sixty (60) days is re-employed as a permanent employee shall be granted a leave of absence without pay covering those days absent and shall retain, effective the date of re-employment, all provisions and rights in relation to seniority and other fringe benefits..12 Bridging of Service If a permanent employee terminates after the signing date of this Agreement as a result of a decision to raise a dependent child or dependent children, and is re-employed, upon application he/she shall be credited with length of service accumulated at time of termination for the purpose of benefits based on service seniority. The following conditions shall apply: (a) the employee must have been a permanent employee with at least three (3) years of service seniority at time of termination; (b) the resignation must indicate the reason for termination; (c) the break in service shall be for no longer than six (6) years; and during that time the employee must not have been engaged in remunerative employment for more than six (6) months; (d) the previous length of service shall not be reinstated until successful completion of the probationary period on re-employment. ARTICLE 2 - PROMOTIONS AND STAFF CHANGES.1 Job Postings (a) Vacancies of a permanent nature in the bargaining unit shall be posted at least fourteen (14) days prior to the closing date of the competition. (b) The posting shall contain the following information: nature of position, ability, qualifications, experience, skills, wage or salary rate, and -- subject to Article 14.2 (d) -- the scheduled shift work.

25 BCGEU and Drug & Alcohol Rehabilitation Society (03/97) Page 17.2 Selection Criteria The successful applicant to a position will be determined on qualifications, knowledge, education, skills, experience, personal suitability and seniority. Where two (2) or more applicants are equal, the one with the greater seniority will be selected. Seniority shall be calculated at the end of the pay period immediately prior to the posting..13 Trial Period When a post-probationary employee bids into a new position or receives a promotion, the employee shall undergo a trial period of sixty (60) work shifts. During the trial period, the employee's ability to perform the new job will be evaluated. If during the trial period the employee is deemed unable to perform the duties of the job as required and specified in the job description, the employee shall return to their former position without loss of seniority. Should an employee elect during the trial period to relinquish the new position and return to their former position, the employee shall be permitted to do so without loss of seniority..14 Right to Grieve Where an employee feels he/she has been aggrieved by any decision of the Employer relating to promotion, the employee may file a grievance in accordance with the grievance procedure as set out in Article 8 of this Agreement. Notwithstanding Article 8 of this Agreement, such a grievance shall be initiated at the second step of the grievance procedure within fourteen (14) days of notification of the promotion. _ - LAYOFF AND RECALL.1 Layoff (a) Layoff - in the event of layoff resulting from a decrease in the amount of work to be done, the following shall apply: (1) auxiliary employees shall be laid off in reverse order of service seniority within a classification prior to permanent employees; (2) permanent employees shall be laid off in reverse order of service seniority. (b) Recall.2 Advance Notice (1) Auxiliary employees shall be recalled in order of service seniority within a classification. (2) Permanent employees on layoff shall be recalled in order of service seniority. The Employer shall notify permanent employees, who are to be laid off, twenty (20) working days prior to the effective date of layoff. If the employee has not had the opportunity to work twenty (20) full days after notice of layoff, he/she shall be paid in lieu of work for that part of the twenty (20) days during which work was not made available..2 Severance Pay