collective agreement - ontario and waste... · collective agreement between: ... article...

25
COLLECTIVE AGREEMENT between: ARAMARK Canada Ltd. At Seneca College (Custodial), King City Campus 13990 Dufferi n Street King City, Ontario (hereinafter called "the Company") and: UNITED FOOD & COMMERCIAL WORKERS CANADA LOCAL 175 (hereinafter called "the Union") January 1, 2017 to December 31, 2020 1

Upload: vuongtram

Post on 06-Aug-2018

215 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

COLLECTIVE AGREEMENT

between:

ARAMARK Canada Ltd. At Seneca College (Custodial), King City Campus

13990 Dufferi n Street King City, Ontario

(hereinafter called "the Company")

and:

UNITED FOOD & COMMERCIAL WORKERS CANADA LOCAL 175

(hereinafter called "the Union")

January 1, 2017 to December 31, 2020

1

Page 2: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

INDEX

ARTICLE 1 -PURPOSE ................................................................................................. 3

ARTICLE 2- SCOPE AND RECOGNITION ................................................................... 3

ARTICLE 3- MANAGEMENT RIGHTS .......................................................................... 4

ARTICLE 4- UNION SECURITY .................................................................................... 4

ARTICLE 5- DISCRIMINATION AND HARASSMENT .................................................. 6

ARTICLE 6- NO STRIKE(S) OR LOCKOUT(S) ............................................................. 6

ARTICLE 7- UNION REPRESENTATION ..................................................................... 6

ARTICLE 8- GRIEVANCE PROCEDURE ...................................................................... 8

ARTICLE 9- DISCIPLINE AND DISCHARGE .............................................................. 10

ARTICLE 10- SENIORITY ........................................................................................... 11

ARTICLE 11 -JOB POSTING ...................................................................................... 13

ARTICLE 12- LAYOFF AND RECALL. ......................................................................... 14

ARTICLE 13- LEAVE OF ABSENCE ........................................................................... 15

ARTICLE 14- HOURS OF WORK AND OVERTIME ................................................... 17

ARTICLE 15- PAID HOLIDAYS ................................................................................... 19

ARTICLE 16- PAID VACATIONS ................................................................................ 20

ARTICLE 17- HEALTH AND SAFETY & WORKERS COMPENSATION .................... 21

ARTICLE 18- HEALTH AND WELFARE ..................................................................... 21

ARTICLE 19- WAGE RATES AND CLASSIFICATIONS ............................................. 22

ARTICLE 20- GENERAL ............................................................................................. 22

ARTICLE 21 -DURATION OF AGREEMENT .............................................................. 23

Letter of Understanding #1 ............................................................................................ 24

Letter of Understanding #2 ............................................................................................ 25

2

Page 3: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

ARTICLE 1 - PURPOSE

1.01 This Agreement is designed specifically to provide orderly collective bargaining relations between the Company and its employees who are subject to the provisions of this Collective Agreement to secure prompt and equitable disposition of grievances. Furthermore, it is mutually understood and agreed that any action which is instituted for the purpose of defeating or circumventing the intent and purpose of this agreement shall not be condoned by either of the parties signatory hereto.

1.02 The parties are agreed that in accordance with the general purpose of this agreement it is mutually advantageous that the Company operates in an efficient and profitable manner under methods which will further to the fullest extent possible the level of service to the client, the economy of operation, the quality and quantity of output, the cleanliness of the premises and the protection of property.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 The Company agrees to recognize the United Food and Commercial Workers Canada Local 175 as the bargaining agent of all cleaning/custodial employees of ARAMARK Canada Ltd. At the King Campus of Seneca College at 13990 Dufferin Street in King City, Ontario, save and except supervisor and those above the rank of supervisor, office and clerical staff, and students.

2.02 Employees who are not covered by this collective agreement shall not perform bargaining unit work of employees who are included in this collective agreement, except for the purposes of instruction, experimenting, emergencies, or when regular employees are not available.

2.03 No employee covered by this collective agreement will be permitted to enter into an agreement with the Employer or his representatives which may conflict with the terms of this collective agreement.

2.04 This agreement shall not be construed to extend to or to effect in any way any other phase of the company's business. The term "employee" as used in this agreement shall be construed to include only the classification of employees set forth in this article and schedule "A" and shall not be construed to include any other employees of the Employer in any of the Employer's other divisions, branches or components.

2.05 For the purposes of interpretation, whenever the masculine gender is used in this agreement it shall be deemed to include the feminine.

3

Page 4: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union acknowledges and agrees that the Employer shall continue to reserve all the rights, powers and authority to manage and direct its working forces, without restricting the generality of the foregoing, such rights of the Employer shall include the right to:

(a) Maintain order, efficiency and discipline; operate the facility in a profitable manner;

(b) Hire, discharge, direct, transfer, classify, promote, demote, layoff and suspend or otherwise discipline non-probationary employees, provided that a claim by a non-probationary employee that he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided;

(c) Generally to manage the industrial enterprise in which the Employer is engaged, and to exercise all the rights of management except to the extent that such rights are modified by this agreement, to determine the services to be rendered, the kinds of machines to be used, the method of operating, and control of materials or goods to be used;

(d) Make and alter from time to time rules and regulations governing the conduct of employees during working hours provided that such rules and regulations are not inconsistent with the provisions of this Agreement.

(e) The Employer is the only organization authorized to direct employees work and to impose any form of discipline on the employees covered in this agreement. It is understood that the client may direct an employee's work.

ARTICLE 4 - UNION SECURITY

4.01 (a) All current employees of the Employer, and those hired on or after date of ratification shall become and thereafter remain members of the Union in good standing as a condition of employment.

(b) The employer shall remit to the Union, within fifteen (15) calendar days following date of hire, the United Food and Commercial Workers Union Canada, Local 175 Membership Application Form signed by the new employee.

4

Page 5: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

4.02 (a) (i) The Employer shall, during the term of this Agreement, as a condition of employment, deduct from members of the bargaining unit, the regular weekly Union Dues and such Dues shall be remitted to the Union, in the format outlined in 4.02 (b) below, prior to the fifteen (15th) of the month following the month in which such deduction is made.

(ii) The Employer shall collect membership application forms and initiation fees as may be established by the Union and forward any application forms and such fees to the Union with the regular monthly dues remittance.

(b) The remittance statement shall be documented by location containing a dues and initiation report which shall be provided in the form of e-mail (remit@ ufcw175.com) or on a computer diskette as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in "Excel", "Quattro Pro", "Lotus", or other software program acceptable and adaptable to the Union. The spreadsheet will be in a table format provided by the Union and will provide the following current information as known to the company:

1. S.I.N. 2. Employee Number if applicable 3. Full Name (Last/First/Initials) 4. Full Address, including City and Postal Code 5. Telephone Number (including area code) 6. Date of Hire 7. Rate of pay 8. Classification 9. Full time or Part time designation 10. Union dues deducted (or the reason a deduction was not made). If

dues are deducted weekly, report requires five (5) columns for reporting.

11. Total dues Deducted 12. Back Dues Owing 13. Vacation Pay Breakdown of Dues owing 14.1nitiation Fees Deducted

(c) The Employer agrees to record the annual Union dues for each employee on his T4 form.

4.03 The Union shall provide the Employer with thirty (30) days written notice of any increase or decrease in the amount of dues to be deducted from the bargaining unit employees.

5

Page 6: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

4.04 The Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer, from any and all claims, demands, actions or causes of action arising out of, or in any way connected with the collection and remittance of such dues.

4.05 The Employer agrees to acquaint new employees with the fact that a Union Agreement is in effect and with conditions of employment.

4.06 The Company agrees to introduce new employees to the Union Steward and the Steward will provide the employee with a copy of the Collective Agreement.

ARTICLE 5- DISCRIMINATION AND HARASSMENT

5.01 The Employer, Union and employees agree they shall comply with the provisions of the Ontario Human Rights Code. The Employer and Union agree that there shall be no discrimination, interference, restriction or coercion as a result of an employee's membership or activities in the union or lack thereof.

ARTICLE 6 - NO STRIKE(S) OR LOCKOUT(S)

6.01 It is agreed that during the term of this agreement neither the Union, its officers or members, shall instigate, call, sanction, condone or participate in any strike, sit-down, stay-in, walkout, slowdown, stoppage or curtailment of work, picketing or willful interference with work or receipt or shipment of materials, and that there shall be no lockout of employees of the Employer.

6.02 It is further agreed that during the term of this agreement or beyond the termination hereof or beyond the termination date of any extension thereof, employees shall not be entitled to any benefits or wages whatsoever while they are engaged in a strike, work stoppage or other interruption of work.

ARTICLE 7- UNION REPRESENTATION

7.01 The Union may elect of otherwise appoint two (2) stewards at the workplace for the purpose of assisting employees in presenting grievances to the company as set forth in this agreement.

7.02 The Union shall keep the Company notified in writing of the name of the Steward and the Business Representative and the effective date of their appointment. The Company shall not be required to recognize a Steward or Business Representative until so notified in writing of his election or appointment.

6

Page 7: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

7.03 No Steward or Union Representative shall exercise or attempt to exercise any authority or control over the functions of management as set forth in Article 2 hereof.

7.04 It is agreed that the Steward shall continue to perform his regular work in order to maintain efficiency of operations. However, in accordance with this understanding, should it be necessary to assist an employee in presenting a grievance during working hours, he will not leave his work without first obtaining permission from his supervisor or his designate, which will not be unreasonably withheld. Should the Steward find it necessary to assist employees in presenting a grievance during a shift when there is no supervision, the Union agrees that the Steward will not abuse his privilege under this paragraph, by absenting himself from work in an unreasonable manner and for more time than reasonably required to handle the grievance.

7.05 It is agreed that the Steward will not absent himself from work unnecessarily during working hours for the purpose of presenting grievances. In return for this undertaking, the Company will compensate the Steward at his regular straight time hourly rate for the time spent during his regular working hours for such purposes, provided the procedure under clause 7.04 is followed. The Company reserves the right to limit the time spent in the presentation of a grievance if it deems the time taken to be excessive. This section is not to be interpreted in such a manner as to disqualify the Steward from premium rates if he is so entitled.

7.06 The parties agree that where possible the Steward will conduct Union business after working hours so as to minimize disruption to the workplace.

7.07 The Employer will recognize a Union negotiating committee of not more than one (1) employee in the workplace. The Employer and the Union agree to equally share the cost of the normal wages for the employee for all normally scheduled days of work lost on negotiation days. The Employer agrees to maintain the normal days wages on negotiation days for all normally scheduled days of work lost and shall invoice the Union.

7.08 No individual employee or group of employees shall undertake to represent the Union at meetings with the Company without proper authorization of the Union. In order that this may carried out, the Union will supply the Company with the name of its Business Representative.

7.09 Any employee, who so desires it, shall have the right to review his personnel record in the presence of the Union Steward and a member of Management upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management.

7

Page 8: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

7.10 The bargaining unit employees have the right, at any time, to have the assistance of a Union Representative of the United Food and Commercial Workers Canada Local 175 when dealing with the Company. The Union Representative shall have access to the Company's premises to visit the members of the Union and to provide assistance for the members when dealing with the Company. The Union realizes that the Company does no own the premises in which the employees work. Consequently, if a Union Representative needs to meet with a Steward or an Employee, he//she will first notify the Housekeeping Manager or delegate. Such visits shall not unduly interfere with the Company's operations or the client's business.

7.11 The Employer and the Union agree to equally defray the cost of the conference room for the purposes of negotiating a Collective Agreement.

7.12 The Employer agrees to cover the cost of printing and publishing a Collective Agreement in booklet form.

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 (a) A grievance will be defined as any difference, dispute, or complaint arising from the interpretation, administration, application, or alleged violation of this Collective Agreement, and will be addressed in accordance with the following procedure:

STEP ONE

An employee who has a complaint or question shall discuss the matter with the Manager or designate within five (5) working days of the action giving rise to the complaint or question. The employee may be accompanied by a Steward if they so desire. If the two parties do not reach an understanding, then the next step of the grievance procedure may be invoked.

STEP TWO

The grievance shall be submitted in writing to the Manager or Designate within ten (1 0) calendar days of the time the employee or the Union should reasonably have known of the occurrence of the event upon which the grievance is based. The Manager and the Steward shall endeavour to arrange a satisfactory settlement with ten (1 0) calendar days. If such a settlement cannot be reached then the next step of the grievance procedure may be invoked.

8

Page 9: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

STEP THREE

Two copies of the written grievance shall be forwarded to the District Manager or Designate and the Local Union Business Representative. The District Manager or Designate and the Local Union Business Representative shall confer and try to reach settlement within ten (1 0) calendar days, or any other such time period they may agree upon. Failing settlement the District Manager or Designate shall provide a written response within five (5) days.

(d) If the matter is settled at any step in the grievance procedure, the settlement shall be stated, in writing, and signed and dated by the Manager or Designate and the Local Union Business Representative.

8.02 Group Grievance The Company will recognize a group grievance as one, which affects more than one employee with respect to whom the issues and facts are the same. A group grievance shall commence at Step No. 1.

8.03 Policy Grievance The Company or the Union may file a policy grievance directly at Step No.2 of the grievance procedure. The parties agree to meet within five (5) working days of such grievance being lodged.

8.04 A claim by an employee who has completed his probationary period that he has been discharged from his employment without just cause shall be treated as a grievance. A written statement of such grievance must be lodged with the Manager or his designate within five (5) working days after the employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to Step No. 2 will be omitted in such cases.

8.05 The Company and the Union agree that the decision whether or not to retain probationary employees is at the sole discretion of the Company. The Company and Union further agree that probationary employees shall not have access to the grievance and arbitration procedure with respect to their discharge.

8.06 Disputes that are carried to arbitration shall be heard before an arbitration panel, or if the parties so agree, a sole arbitrator.

8.07 When either party requests that a grievance be submitted to arbitration as herewith provided, it shall notify the other party within fifteen (15) calendar days of the decision at Step No. 3. The Company and the Union shall attempt to agree to a chairperson within fifteen (15) calendar days. Should the parties be unable to agree to a chairperson, the matter shall be referred to the Labour Management Arbitration Commission for determination.

9

Page 10: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

8.08 When the Chairperson has selected a date, it is the sole responsibility of the respective parties to this Agreement to have their board member at the hearing. Should one or both parties' board members fail to show up, then the case will be heard by those members of the board that are in attendance along with the Chairperson.

8.09 No person may act as a board member who has been involved in an attempt to negotiate or settle a grievance.

8.10 The decision of a majority of the Board of Arbitration, failing a majority decision or in the case of a sole arbitrator, the decision of the Chairperson will be final and binding upon the parties hereto.

8.11 Each of the parties hereto will bear the expenses of its board member to the Board of Arbitration; the parties will jointly bear the fees and expenses of the Chairperson of sole arbitrator.

8.12 The Arbitration Board shall not have the power, nor shall it be authorized to make any decision inconsistent with the provisions of this Agreement, not to alter, modify or amend any of this Agreement, nor to add to or subtract from this Agreement, but shall base its decision on the contractual rights of the parties as disclosed by this Agreement.

8.13 No matter shall be submitted to arbitration that has not properly been carried through all previous steps of the grievance procedure.

8.14 Any and all time limits referred to under the Grievance and Arbitration Procedures herein, may at any time, be extended by written agreement between the Company and the Union.

ARTICLE 9- DISCIPLINE AND DISCHARGE

9.01 The Employer and the Union agree that the decision whether or not to retain probationary employees is at the sole discretion of the Employer.

9.02 The Employer agrees that whenever an interview is held with an employee regarding his work or conduct, which becomes part of his record, the Union Representative (steward and/or his designate) shall be present at such interview. The party representing the Union will leave the meeting if requested to leave by the employee. Notwithstanding, if no Union Representative is available the employee has the right to have an alternate representative of his choice, from his co-workers, to attend the meeting.

10

Page 11: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

9.03 All disciplinary warnings or reprimands which are placed in an employee's record writing and shall contain the reason for the warning, reprimand, suspension or discharge. One copy shall be given to the employee and one copy shall be given to the Union Office within seven (7) days of the incident giving rise thereto.

9.04 The parties agree the Employer will remove all discipline from the employee's personnel record, provided that: (a) No discipline is received for a period of 18 months. (b) The misconduct giving rise to the discipline did not involve a violation of

law or an issue constituting breach of trust. (c) The discipline is unrelated to a safety violation.

ARTICLE 10 - SENIORITY

10.01 (a) Seniority shall be defined as length of continuous employment with the Employer in the bargaining unit.

(b) Service shall be defined as length of continuous employment with the employer.

10.02 (a) An employee will be considered on probation and will not be subject to the seniority related provisions of this Agreement and not be placed on the seniority list until after the completion of sixty (60) days worked. Should an employee be absent from work during the probationary period, the probationary period will be extended by the number of working days the employee was absent from work.

(b) During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and have been retained by the Employer at the expiration thereof, shall be credited with seniority back to the date of last hire.

10.03 An employee shall lose all seniority and shall be deemed to have terminated employment with the company:

(a) By voluntarily leaving the employ of the Company;

(b) If an employee is discharged and is not reinstated pursuant to the grievance and arbitration procedure as provided in this contract;

(c) If an employee has been laid off and fails to reply to a recall notice, within five (5) days of its mailing by registered mail to the employee's last known address and/or failing to return to work within two (2) days of receiving such notice. It shall be the employee's responsibility to keep the Company informed of any change in the employee's address;

11

Page 12: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

(d) If an employee overstays a leave of absence granted by the Company without securing an extension, in writing, of such leave of absence unless the extension is due to circumstances beyond the control of the employee, whereupon the employee must notify the Company in writing of the circumstances and probable return date;

(e) If an employee on a leave of absence takes employment other than that declared and agreed upon when applying for the leave of absence;

(f) If an employee is absent from work for three (3) or more consecutive working days without notification to the Employer unless such failure is a result of circumstances beyond the control of the employee;

(g) If an employee is absent due to non-occupational illness or accident for a period of twenty-four (24) months from the date the accident occurred or the illness commenced;

(h) If an employee is absent due to occupational illness of accident for a period of twenty-four (24) months from the date the accident occurred or the illness commenced;

1 0.04 Bargaining unit employees who accept promotion or transfer out of the Bargaining unit for a period of three (3) months shall lose all Bargaining Unit Seniority.

10.05 Qualifications, skill(s) and ability to perform the work required shall be the governing factors in temporary assignments between classifications were skills are relatively equal seniority will be the governing factor.

1 0.06 Within thirty (30) calendar days of ratification and in January and July of each year thereafter, the seniority list, including the employee's seniority, service date and employment status (full-time or part-time) shall be posted and a copy mailed to the Union.

1 0.07 A part-time employee cannot use seniority for the purpose of displacing a full­time employee.

10.08 A part-time employee who becomes a full-time employee will be give half (1/2) of their part-time seniority credit from their full-time date of hire. If a full-time employee becomes part-time, then their seniority date will be their original date of hire into the bargaining unit.

12

Page 13: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

ARTICLE 11 -JOB POSTING

11.01 (a) All permanent bargaining unit vacancies will be posted for a period of seven (7) calendar days. All interested employees will be eligible to apply for such positions in writing. Subsequent vacancies will not be posted.

(b) In the event there is a full-time employee absent for more than thirty (30) days, the Employer agrees to the following:

(i) First offer the temporary vacancy to the most senior interested full­time employee, qualified to do the work;

(ii) Secondly offer the temporary vacancy to the most senior interested part-time employee, qualified to do the work;

(iii) If the start wage rate of the temporary vacant position is higher than the employee's regular wage he/she will be entitled to the higher rate while filing the temporary vacancy;

(iv) Any temporary vacancy that is anticipated to be longer than three (3) months will be posted in accordance with this agreement

11.02 The basis the Employer shall use in selecting the successful candidate is employment and attendance records, qualification, skill(s), ability and competency for the job required. Only when two (2) or more employees have equal attendance records and employment records, qualifications, skill(s), ability and competence to do the job required, shall seniority be the governing factor in making the selection.

11.03 It is agreed that a successful candidate will not be entitled to bid on any other vacant positions for a period of three (3) months from the posting of notice referred to in this agreement.

11.04 An employee who is assigned in accordance with the terms of this Agreement to a higher paying classification or job, shall be paid the rate for that classification or job for the time he performs such work provided he works a minimum of half his scheduled shift in the higher classification. An employee who is assigned in accordance with the terms of the Agreement to a lower paying classification shall continue to be paid the rate and benefits regular job.

11.05 The Company reserves the right to fill a vacant position with a person of their choice in the event that no bids are received or if the applicants do not meet the criteria for the job which are outline in Article 11.02.

11.06 When an employee commences a new position, for a period of thirty (30) working days the employee will be on a trial period. Within a trial period, the employee or

13

Page 14: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

the Company may elect to have the employee return to his former position in the event that the employee cannot perform the position satisfactorily or the employee wishes to return to his former position. During the 30 day trial period the Company will meet with the employee to discuss his/her progress.

This provision is subject to the employee's former position existing and is subject to the seniority, provisions of the Collective Agreement.

11.07 Prior to hiring new employees, the Company will comply with Article 11.02. However the Company may temporarily fill a vacancy during the posting period described above.

ARTICLE 12 - LAYOFF AND RECALL

12.01 In cases of layoff and recall from layoff, in accordance with this agreement seniority shall be the governing factor providing the employee has the qualifications, skill(s), physical fitness and ability to perform the work required.

12.02 In the event of a layoff employees shall exercise their seniority in the following fashion:

Step One - Displace the most junior employee in their classification

Step Two - Displace the most junior employee in a lower classification

This article shall apply as follows:

(i) For layoffs whose anticipated duration is greater than two (2) weeks employees shall exercise their seniority.

(ii) Accept layoff.

12.03 Laid off employees who wish to be notified of job vacancies other than those to which they have recall rights may signify their desire in writing to the Employer prior to layoff and shall be entitled to apply for such jobs and be considered along with any other applicants. A copy of the employee's request shall be given to the employee, the Union Steward and the Union Office.

12.04 Full-time employees who are laid off from full-time employment shall, if they desire, be placed on the part-time seniority list based on the length of their accumulated full-time and if applicable part-time service with the Employer and shall be given preference for available part-time work so far as the length of service entitles them.

14

Page 15: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

12.05 An employee using his bumping right to accept a position at a lower salary will be paid at the rate for the job into which he has bumped.

12.06 A person who has never been in the bargaining unit shall not enter the bargaining unit unless bargaining unit employees who are on layoff and who have recall rights have declined their right for recall.

12.07 Where a reduction in work is due to unforeseen circumstances or emergency situations beyond the company's control resulting in a temporary layoff and is not anticipated to exceed five (5) working days, the Employer may layoff any employee without regard to seniority.

12.08 The Union shall be notified of all appointments, hiring, layoffs, transfers, recall and of terminations of employment.

ARTICLE 13- LEAVE OF ABSENCE

13.01 Personal Leave

The Company may grant leave of absence without pay if an employee requests it in writing from the Housekeeping Manager and if the leave is for good and sufficient reasons and does not unreasonable interfere with the efficient operation of the unit. Request for a leave of absence must be made in writing to the Housekeeping Manager at least four (4) weeks prior to the desired date of commencement of such leave and must indicate the length of leave requested and the reason for requesting the leave. The Housekeeping Manger's reply will be given to the employee in writing within ten (1 0) days after the receipt of the request for the leave of absence. In cases of emergency which make it impossible for the employee to give the required four (4) weeks notice, this time limit may be shortened. Such request will not be unreasonable denied. In all cases, a leave of absence shall not exceed thirty-one (31) days in duration. If a leave of absence is required for greater than thirty-one (31) days, it is subject to the approval by the District Manager.

13.02 Sick Leave

Effective January 1, 2018, employees with seniority will be eligible for six (6) sick days in the calendar year to use if they are sick and unable to attend work. A doctor's note may be requested by the Company.

13.03 Bereavement Leave

(a) In the event of a death in the immediate family of an employee, he shall be granted three (3) consecutive days bereavement leave. Bereavement leave will be paid at the regular straight time hourly rate, for loss of

15

Page 16: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

scheduled work. This period may be extended by up to two (2) days leave without pay if reasonable justification is provided to the Employer.

(b) Immediate family shall mean the employee's spouse and the employees or spouse's parent, child, grandparent, grandchild, brother, sister.

(c) In the event of a death of an employee's Aunt, Uncle, Niece, or Nephew, he shall be granted one (1) day leave of absence to attend the funeral. Bereavement leave when granted for these relations will be paid at the regular straight-time hourly rate, for loss of scheduled work. This period may be extended by up to two (2) days without pay if reasonable justification is provided to the Company.

In order to qualify for bereavement leave pay an employee must substantiate to the Company's satisfaction his claim for the entitlement under this article.

13.04 Jury Duty/ Witness Leave

(a) An employee who is required for jury duty may receive compensation from the Employer of an equal amount to the difference between the employee's regular straight time hourly rate and jury pay, excluding expenses, provided that the employee:

(i) Notifies the Employer immediately of the employee's notification that he will be required to attend court and;

(ii) Presents proof of service requiring the employee's attendance and;

(iii) Presents proof of the amount of pay received for such service.

(c) In the event an employee serves on jury duty from Monday through Friday, he will not be required to work Saturday.

13.05 Maternity/ Parental/ Adoption Leave

(a) An employee shall be granted leave of absence without pay for pregnancy or parental duties. The provision of the Employment Standards Act 2000 shall govern.

(b) Employees wishing to continue coverage of benefits during such leaves may do so at their own expense.

(c) Employees returning from a leave under this article will give at least two (2) weeks notice of the date that they wish to return to work.

16

Page 17: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

(d) The Employer agrees to comply with all government legislation pertaining to Maternity, Paternity, Paternal and Adoption Leave.

(e) Such leaves shall be without loss of seniority.

(f) If a full-time employee returns to work at the expiry of the normal maternity, parental, or adoption leave, and the employee's former permanent position still exists, the employee will be placed in the position which they would have been in if they had not gone on leave.

13.06 Union Leave

(a) The Employer agrees that an employee appointed by the Union as a full­time representative shall be granted leave of absence without pay, to a maximum of one (1) year, which serving in such capacity.

(b) The Company may grant a leave of absence without pay to one employee at a time who is elected or otherwise appointed as representative to attend Labour and Union conventions, conferences and meetings in order to carry out their duties on behalf of the Union.

(c) In order for the Company to replace the employee, it is agreed that before the employee receives a leave of absence, the leave shall be requested in writing fourteen (14) calendar days prior to the beginning of leave.

(d) Such leave shall be without loss of seniority.

(e) When an employee(s) returns to work, he shall be reinstated to his former position as if he had never left.

ARTICLE 14- HOURS OF WORK AND OVERTIME

14.01 The work week shall commence and reflect the pay schedule cycle of the Employer.

14.02 The Employer maintains the right to schedule shifts in accordance with work requirements. Starting times, quitting times, shifts and the arrangement of shifts shall be determined on an ongoing basis by the Manager.

14.03 Nothing in this Collective Agreement shall be construed as a guarantee as to the hours of work neither per day, nor as the hours of work for any other period of time, nor as a guarantee of working schedules.

14.04 No employee will be required to have less than eleven (11) hours between scheduled shifts unless agreed to.

17

Page 18: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

14.05 The Employer agrees that any employee upon reporting for work at the commencement of this scheduled shift, unless previously notified in advance not to do so, shall be guaranteed four (4) hours of work or four (4) hours pay at his basic hourly rate, unless failure to supply work is due to conditions beyond the control of the Employer. Any employee so affected shall take such temporary work available in order to qualify for such for (4) hours pay.

Full-Time

14.07 An employee unable to report for work due to sickness or other justifiable reason shall notify his immediate supervisor as early as possible and in any event not later than three (3) hours for the afternoon shift and one (1) hour for the morning shift before commencement of the shift he was due to report for.

When notifying the Employer of absence, an employee shall give the reason why he/she is unable to attend work, when he/she expects to return to work and how the Manager or his designate can call him/her relative to his absence. If later he/she is unable to return on that date, a new return date- will be given to the Manager or his designate on or before the original estimated date of return. If an employee fails to provide a return date, the employee shall call in each day to notify the Employer of his absence, as outline in this article.

14.08 (a) Overtime at the rate of time and one-half (1 %) the regular hourly rate will be payable after forty (40) hours in a week.

(b) Overtime and call back shall be divided equitably among employees who are willing and qualified to perform the work that is available on the shift where they work is required to be performed. If no one is willing, and overtime work is required to be performed, the Employer will require employees to stay in reverse order of seniority on the shift where the work is required to be performed.

14.09 (a) All employees who work in excess of five (5) consecutive hours in a shift will take a one half hour unpaid lunch break. Employees' meal periods shall be scheduled as close as possible to the midway point of their shift with the understanding that the break schedule cannot impact customer service.

(b) All employees who are scheduled to work a minimum of four (4) hours on a given shift shall be entitled to a paid fifteen (15) minute rest break. If an employee's shift is in excess of seven (7) consecutive hours, he shall be entitled to a second additional fifteen (15) minute break after lunch.

14.1 0 Employees will be given two (2) working days notice of changes in their regular working schedule, except for absences and where the employee and the

18

Page 19: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

Employer mutually agree to the change or in the case of emergency or situations beyond the control of the company.

14.11 Time spent by employees at a meeting called by the Employer shall be considered time worked.

Part-time

14.12 A part-time employee is an employee who is normally scheduled to work twenty­four (24) hours per week or less.

14.13 Subject to the employee's availability, the weekly schedule of hours of work shall be allotted according to seniority, providing the senior employee(s) has the necessary skill, ability and qualifications to perform the work and is available.

14.14 Part-time employees or a combination of part-time employees will not be used to the extent that they displace existing full-time employees or reduce the current level of full-time employees.

14.15 Notwithstanding the above, the Employer may employ part-time employees to relieve full-time employees on vacation, leave of absences, and in cases of emergencies.

ARTICLE 15 - PAID HOLIDAYS

15.01 Each employee who is not required to work on any of the following days shall receive holiday pay in accordance with the Employment Standards Act of Ontario for the celebration of the holidays listed hereunder;

New Year's Day Labour Day Boxing Day Civic Day

Good Friday Thanksgiving Day Family Day

Victoria Day Christmas Day

Canada Day

15.02 Service to the public is essential. Therefore, it will be necessary that a sufficient number of the employees work on the holidays set out above. If an employee wishes to receive a substitute holiday off in lieu of the public holiday, such request will be made in writing to the supervisor a minimum of five (5) days before the public holiday, and is subject to approval, which won't be unreasonably withheld. If approved, the day will be scheduled within ninety (90) days following the public holiday.

15.03 To qualify for statutory holiday pay as per Article 15.01 of this agreement, the employee must work his/her last regularly scheduled shift preceding the public

19

Page 20: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

holiday and his/her first regularly scheduled shift after the public holiday, unless there is reasonable cause substantiated by providing legitimate and sufficient documentation when requested by Management.

Part time employees will be paid statutory holiday pay in accordance with the Employment Standards Act of Ontario as amended from time to time.

Effective date of ratification, full-time employees will be paid statutory holiday pay based on a normal day's payment (inclusive of sick days as per Article 13.02) at his/her regular straight-time hourly rate.

15.04 Should any paid holiday occur during an employee's annual vacation, said vacation shall be extended an amount equal to the number of holidays occurring during the vacation and the employee shall receive his holiday pay.

ARTICLE 16- PAID VACATIONS

16.01 The Company shall grant vacation in accordance with Company practice as follows:

Length of Service Vacation Entitlement Percentage

1 year but not less than 5 years of employment 5 years but less than 1 0 years of employment 1 0 years but less than 18 years of employment 18 years or more

The vacation year shall be from July 1 to June 30.

2 weeks 3 weeks 4 weeks 5 weeks

·4% 6% 8% 10%

16.02 Payment for vacations shall be based on a percentage of the employee's previous vacation year's earnings, excluding the previous year's vacation pay.

16.03 It is understood that vacation entitlement shall be taken in accordance with work requirements and length of service. The Employer will endeavor to accommodate employee's vacation requests; however, vacation schedules may necessarily be subject to the vacation schedules as programmed by the Employer's client. Employees shall submit their vacation request at least thirty (30) calendar days prior to the requested vacation. The employer agrees to respond to all such requests within seven (7) days of the time the request was submitted.

16.04 Upon request, the Employer agrees that vacation pay will be paid in the pay period prior to the employee taking his vacation.

20

Page 21: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

ARTICLE 17- HEALTH AND SAFETY & WORKERS COMPENSATION

17.01 The Employer and the Union shall adhere to the provisions of the Occupational Health & Safety Act and related provincial Regulations as amended from time to time.;

17.02 Employees and Employers have obligations to work safely, promptly report hazards, any unsafe work practices, accidents or near misses. Dangerous practices and devices shall be reported to the Employer and the necessary precautions to eliminate such hazards will be taken.

17.03 The Employer will also pay an employee for the remainder of the shift in which the accident occurred that would require the employee to take time off.

17.04 The Employer shall provide immediate transporation to a medical facility, if necessary, following an injury to the worker at the cost of the employer.

ARTICLE 18- HEALTH AND WELFARE

Benefits The employer agrees to maintain the current benefit plan for eligible employees for the life of the agreement.

Dental Plan

Cost of benefit: Effective January 1, 2018, Aramark Canada Ltd pay 70% of the premium cost of this benefit and the Employee pays the other 30% by payroll deduction

Accidental Death & Dismemberment & Medical Plan

Cost of benefit: Effective January 1, 2018, Aramark Canada Ltd pay 70% of the premium cost of this benefit and the Employee pays the other 30% by payroll deduction.

Vision Care $250 every two (2) years for eye exams and glasses

Cost of benefit: Effective January 1, 2016, Aramark Canada Ltd pay 67% of the premium cost of this benefit and the Employee pays the other 33% by payroll deduction.

21

Page 22: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

ARTICLE 19- WAGE RATES AND CLASSIFICATIONS The regular straight-time hourly wage rates and corresponding classifications shall be set out below.

Wages:

$13.71 $14.21 $14.61

Lead Hand $15.42 $15.82 $16.21

ARTICLE 20- GENERAL

20.01 (a) The Employer shall provide all employees with three (3) shirts.

(b) Uniforms are the property of the Employer and must be returned to the Employer upon severance of employment.

(c) Shoe Allowance- the Employer shall provide a shoe allowance of fifty dollars ($50) every twelve (12) months upon submission of a paid receipt.

20.02 The Company agrees to provide a notice board on which all official notices of the Union may be posted. All notices are subject to management approval prior to posting.

20.03 Payroll Issues Should any error greater than fifty (50) dollars, attributed to the Company, occur the Company agrees to correct the error within three (3) business days following notification of the error to the Company. Any errors less than fifty (50) dollars shall be corrected by the pay date following notification of the error to the Company.

22

Page 23: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

20.04 The Employer will contribute a one-time payment of four hundred dollars ($400) to the UFCW Training & Education Fund effective thirty (30) days after ratification . .

ARTICLE 21 -DURATION OF AGREEMENT

21.01 Unless changed by mutual consent in writing, the terms of this collective agreement shall continue in effect from January 1, 2017 to December 31, 2020 and shall continue automatically thereafter for annual periods of one year unless either party notifies the other in writing, anytime within ninety (90) days of the expiry date of this agreement, of termination of, or proposed revision of this agreement.

21.02 If pursuant to such negotiations an Agreement is not reached on the renewal of amendment of this Agreement, or the making of a new Agreement prior to the current expiry date, this agreement shall continue in effect until a new Agreement is reached by the parties or until conciliation proceedings prescribed by law have been completed, whichever date shall first occur. The parties will endeavour to sign the collective agreement within thirty (30) days of ratification or as expeditiously as possible.

Signed at }o~ t./TlJ , ONTARIO, this ~~ p.- day ofA1/WSj , 2017.

23

Page 24: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

Letter of Understanding #1

Between

ARAMARK Canada Ltd. Seneca College King City Campus

-and-

UFCW Canada, Local 175

Re: Time Limits

Neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without having notified the other party of its final position on any given grievance in writing.

Should either party serve such notice on the other party, the other parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board of Arbitration of single Arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.

Signed at TlJ U IVT V , ONTARIO, this ZPI ~ay of !hJfVf /, 2017.

FOR THE UNION:

24

Page 25: COLLECTIVE AGREEMENT - Ontario and Waste... · COLLECTIVE AGREEMENT between: ... ARTICLE 9-DISCIPLINE AND DISCHARGE ... 7.02 The Union shall keep the Company notified in writing of

Letter of Understanding #2

Between

ARAMARK Canada Ltd. Seneca College King City Campus

-and-

UFCW Canada, Local 175

Re: Signing Bonus:

The Company will provide a one-time signing bonus in the amount of fifty-five dollars ($55), to active full-time employees and twenty-five dollars ($25) for active part­time employees, less normal and statutory deductions to each employee within thirty (30) days of ratification (February 23, 2017) ..

Signed at _ To'-'-_~_N_fl) ____ , ONTARIO, this 2flt ~ay of ftvtv..tr , 2017.

25