COLLECTIVE AGREEMENT
BETWEEN:
NOV A SERVICES GROUP INC.- COMPASS GROUP CANADA LTD.
(hereinafter called "the Employer")
- and-
LiUNA LOCAL 183
(hereinafter called "the Union")
WHEREAS the Employer and the Union wish to enter into a common Collective
Agreement with respect to certain employees who are engaged in all work associated with building
rb.aintenance, janitorial cleaning and dietary and to provide for and ensure uniform interpretation
and application in the administration of this Collective Agreement.
IT IS AGREED as follows:
ARTICLE I- RECOGNITION
1.01 The Employer hereby recognizes the Union as the sole and exclusive bargaining
agent of all employees of the Employer engaged in cleaning, maintenance and dietary work at all
locations throughout the Province of Ontario, excluding Hearthstone by the Lake in Burlington,
Ontario; Southbrook Lodge Retirement Home in Brampton, Ontario and Suomi Koti in Toronto,
Ontario, and save and except supervisory personnel, office and clerical staff and students, and
those individuals covered by and working pursuant to the existing provincial cleaning collective
agreement between these parties.
1.02 It is understood that in full service contracts, the Assistant Supervisor cleans private
offices and performs bargaining unit work from time-to-time, but not for a full shift. This work
shall return to bargaining unit members upon the retirement, resignation or termination of the
present individual performing those duties.
1.03 Both parties agree that major window cleaning, major floor stripping and major
steam cleaning of carpets are not part of the bargaining work and is contracted out.
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ARTICLE 2 - UNION SECURITY
2.01 The Employer shall, for each pay period, deduct from the wages of each employee
in the unit affected by the Collective Agreement, the amount of regular Union dues as a condition
of employment. The Union shall notify the Employer in writing of the amount of regular Union
dues to be deducted in accordance herewith and the Employer shall, for the purposes, rely upon
such written notification as conclusive evidence that the amounts so deducted are in accordance
with the Union's constitution and by-laws. The Union shall indemnify and save the Employer
harmless from any claims, suits, judgements, attachments and from any form of liability as a
result of making such deductions in accordance with the written direction of the Union and the
Union will refund directly to all employees any amount for which wrongful deductions were made
by the Employer in accordance with the written notification provided by the Union.
2.02 The Employer shall forward such deductions to the Secretary/Treasurer of the
Union not later than the fifteenth ( 151h) of the month following the month in which the deductions
were made.
2.03 The Employer shall, when forwarding such dues, provide a list for the
Secretary/Treasurer of the Union, listing the names and corresponding Social Insurance Numbers
of the employees from whose pay such deductions have been made.
2.04 The Union shall indemnify the Employer from any claim which may arise from
deductions made pursuant to this Article.
2.05 The Employer agrees to provide the Union with a list of employees covered by this
Agreement, their classification, employee status and updated contact information including
addresses, phone numbers, etc. as provided by employees.
ARTICLE 3- MANAGEMENT RIGHTS
3.01 The Employer shall have the exclusive functioning option to conduct its businesses
in all respects in accordance with its commitments and responsibilities including the right to:
(a) manage, locate, extend, schedule, curtail or cease maintenance operations;
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(b) determine the number of workers required for any or all operations; judge the
qualification of employees; assign or re-assign work loads of employees; determine
and evaluate the content and functions of all jobs and classifications; revise work
assignments at any time and maintain an efficient mobile work force with diverse
skills;
(c) determine the types and placement of machines, tools, materials and equipment; and
to introduce new or improved systems and equipment;
(d) hire, classify, promote, transfer and lay-off employees and to discharge, demote and
suspend employees;
(e) establish, revise from time-to-time and enforce reasonable rules of conduct and
procedure for its employees, maintain order, discipline and efficiency;
All of the above are subject to the provisions of Articles 4 and 5 herein. It is agreed
that these functions shall not be exercised in a manner inconsistent with the express provisions and
intent of this Agreement.
3.02 Employer Policies
Copies of individual policies can be provided upon employee requests and the
Employer shall advise of any change in policies.
3.03 Contracting Out I Bargaining Unit Work
The Employer agrees that it will not contract out any bargaining unit work that has
been performed by bargaining unit employees referred to in Article 1 except in
emergency situations.
The Employer further agrees that its representatives not covered by the terms and
conditions of this Collective Agreement shall not perform any bargaining unit work except for
purposes of instruction or in cases where bargaining unit members are not readily available at each
specific site.
It is understood that the Environmental Service Manager (ESM) is not covered by the
Collective Agreement and performs maintenance work.
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ARTICLE 4- GRIEVANCE PROCEDURE
4.01 (a) The immediate attention to complaints and grievances is of the utmost importance.
(b) Grievances properly arising under this Agreement shall be presented verbally by
the employee to his/her Supervisor within ten (1 0) working-days after the alleged
grievance incident. If the supervisor's decision is not satisfactory, the employee
may forward his/her grievance to Step No. 1 within five (5) working-days. Properly
constituted grievances may be processed through the following procedures:
STEPNO.l
STEP N0.2
STEP NO.3
The aggrieved employee shall present his/her gnevance in writing to his/her
Supervisor within five (5) working days following the decision in 4.01 (b). The
employee shall have the assistance of his/her Steward if he/she so desires. The
supervisor shall give his/her decision in writing within three (3) working days
following the presentation of the grievance to him. If the Supervisor's decision is
not satisfactory to the employee concerned, then the grievance may be forwarded
to Step No.2 within three (3) working days.
The aggrieved, through an authorized Union Representative, may submit the
grievance to an authorized agent of the Employer, in writing and the responsible
parties shall meet within five ( 5) working days following.
Should no settlement, satisfactory to the aggrieved, be determined within five (5)
working-days following, this meeting, the next step of the Grievance Procedure
may be implemented within five (5) working days following.
Should no settlement, satisfactory to the aggrieved be determined within five (5)
working days following, the grievance may be submitted to arbitration within ten
(1 0) working days following, as provided for in Article 4 - Arbitration.
4.02 Grievance pertaining to alleged violation of hours-of-work, rates-of-pay, overtime,
vacation with pay and other monetary items, may be submitted within six ( 6) weeks of such alleged
grievance incident.
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4.03 Satisfactory judgement of such grievances may be retroactive from the first day of
the grievance incident.
4.04 Employees with less than sixty (60) days' worked (probationary employees) may
submit grievances pertaining only to alleged violations of monetary matters.
4.05 A claim by an employee who has completed his/her probationary period that he/she
has been discharged without just cause, shall be treated as a grievance and a written statement of
such grievance shall be lodged with the Employer commencing at Step No. 2 of the grievance
procedure within five (5) working days of such discharge.
4.06 (a) All meetings with Nova employees during working hours must be prescheduled a
minimum of one week in advance.
(b) The request to meet with the Nova employee's must be in writing to all site
managers and copied to the divisional Nova General Managers prior to notifying
the staff (email's are satisfactory).
(c) It will be at the discretion of the Nova site Management or Corporate Manager to
approve the dates and commencement times of these meetings. Permission will not
be unreasonably with held.
(d) Once your representative has obtained approval from the Nova site Managers, the
staff can be notified.
(e) The duration of these meetings during working hours will be a maximum of thirty
(30) minutes. If a longer period of time is required the meetings could be combined
with employee break or lunch periods otherwise the employee's will have to agree
to work extended shifts that day to complete their duties at no additional cost to
Nova.
ARTICLE 5 -ARBITRATION
5.01 Disputes that are carried to arbitration shall be heard before a sole arbitrator.
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5.02 When either party requests that a grievance be submitted to arbitration as herewith
provided, they shall notify the other party within fifteen (15) calendar days of the decision at Step
3. The Employer and the Union shall attempt to agree to an Arbitrator within fifteen (15) calendar
days. Should the parties be unable to agree to an Arbitrator, the parties may request the Ministry
of Labour to appoint an Arbitrator.
5.03 The decision of the Arbitrator will be final and binding upon the parties hereto.
5.04 Each of the parties will jointly bear the fees and expenses of the Arbitrator.
5.05 The Arbitrator shall not have the power, nor shall he/she be authorized to make any
decision inconsistent with the provisions of this Agreement, not to alter, modify or amend any part
of this Agreement, nor to add to or subtract from this Agreement, but shall base his/her decision
on the contractual rights of the parties as disclosed by the Agreement.
5.06 No matter shall be submitted to Arbitration that has not properly been carried
through all previous steps of the grievance procedure.
5.07 Any and all time limits referred to under the Arbitration procedures herein, may at
any time, be extended by written agreement between the Employer and the Union.
ARTICLE 6 -EMPLOYER GRIEVANCES AND UNION GRIEVANCES
6.01 The Employer may submit a grievance to the Union in a manner similar to the
procedure outlined in Article 4 - Grievance Procedure.
Should no settlement, satisfactory to the parties concerned, be determined, such
grievance may be submitted to Arbitration in a manner similar to the procedure defined in Article
5 - Arbitration.
6.02 A Union grievance which is defined as an alleged violation of the Agreement
involving all or a substantial number of employees in the bargaining unit in regard to which a
substantial number of employees have signified an intention to grieve, or a grievance involving
the Union itself, including the application or interpretation of this Agreement, may be brought
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forward at any time in accordance with Article 4 - Grievance Procedure and if it is not settled, it
may be referred to an Arbitrator in a manner similar to the procedure outlined in Article 5 -
Arbitration.
ARTICLE 7- APPENDICES OF WAGE RATES; HOURS-OF-WORK
AND SPECIFIC WORKING CONDITIONS
7.01 Attached to this Agreement are appendices which specifically set forth and define
hourly rates, hours-of-work and job classifications, all of which are an integral part of this
Agreement.
ARTICLE 8- UNION REPRESENTATION
8.01 Union Stewards may be appointed as follows:
8.02
One (1) Union Steward per department (Environmental and Dietary) on each ofthe
day and afternoon shifts (if required) appointed from employees with a minimum
of six (6) months seniority with the Employer.
The Union shall submit to the Employer in writing the names of the Union
Stewards.
The Union Steward shall perform the required duties of an employee of the
Employer; the Union business shall not be conducted during regular working-hours without
express permission from an authorized agent of the Employer and such permission shall not be
unreasonably withheld.
8.03 The Employer agrees that a Steward shall not suffer any loss of pay for time
necessarily spent during working-hours while processing grievances with Management approval.
8.04 Union Negotiating Committee
The negotiating committee will be capped at fifteen (15) members. Dietary,
housekeeping including light duty, heavy duty, maintenance and laundry shall be represented fairly
in the composition of the negotiating committee. Each area will be represented fairly by committee
members recommended by members in their respective area(s).
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8.05 The Union Representative or designate shall have fifteen (15) minutes with a new
member within his/her probationary period to answer any Union related questions without any loss
in his/her regular pay, within their regularly scheduled shift.
ARTICLE 9- PRODUCTIVITY
9.01 The Union and Employer recognize the reciprocal value of improving, by all proper
and reasonable means, the productivity of the individual employee; and undertake jointly and
severally to promote and encourage such improved productivity.
9.02 The Union, during the term of this Agreement, shall not cause picketing, strikes or
slowdowns which will interfere with the regular schedule of work of the employees of the
Employer, and, the Employer, during the term ofthis Agreement, shall not cause a lock-out of its
employees.
ARTICLE 10- STATUTORY HOLIDAYS
10.01 The following Statutory Holidays shall be recognized:
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
Civic Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
A full time employee who is required to work a Statutory Holiday shall be entitled to take a day
off in lieu in the 30 day period following said holiday.
10.02 All employees shall be entitled to holiday pay from first day of employment as
per the Employment Standards Act.
Holiday pay for full time employees shall be equivalent to a normal shift at the
employees' regular basic rate. The noted requirements are not mandatory if an employee is
prevented from working by illness (medical evidence must be presented to verify illness) or any
other reason acceptable to the Employer.
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10.03 An employee required by an Employer to work, in addition to the specific holiday
pay, any of the above-noted Statutory Holidays shall be paid at the rate of one and a half (1 Y2)
times the employee's regular hourly wage for each hour worked.
10.04 For those employees who are scheduled to work only from Monday to Friday and
when a Holiday falls on a weekend, they shall be entitled to a day-off in lieu of the Holiday.
10.05 All employees shall be entitled to be off either on Christmas or New Years' Day.
Days off to be scheduled by seniority on a rotational basis. It shall be understood that due to
unforeseen circumstances employees may be required to work both days based on seniority.
ARTICLE 11- VACATION PAY
11.01 Vacation Pay shall be predicated on the length of employment with his/her present
Employer, in accordance with the following:
(a) Employees with one (1) year of service or more but less than five (5) years of service
shall receive two (2) weeks' vacation per year with pay equal to four percent (4%)
of their gross wages earned.
(b) Employees with five (5) years of service or more but less than ten (10) years of
service shall receive three (3) weeks' vacation per year with pay equal to six percent
( 6%) of their total gross wages earned.
(c) Employees with ten (1 0) years of service or more shall receive four ( 4) weeks'
vacation per year with pay equal to eight percent (8%) of their gross wages earned.
(d) Employees with twenty (20) years of service or more shall receive five ( 5) weeks'
vacation per year with pay equal to ten percent ( 10%) of their gross wages earned.
11.02 Vacation periods shall be scheduled by mutual consent of the Employer and
employees.
11.03 Employees requiring longer Vacation periods shall request the same in writing from
the Employer at least two (2) months in advance of the intended vacation period and permission
for the same shall not be unreasonably withheld.
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11.04 Hourly-paid employees Vacation Pay remuneration shall be submitted to them on
July 1st of each calendar year following the date of the employee's initial employment or when the
employee goes on a vacation, if so requested.
11.05 Employees shall receive Vacation Pay no later than the first regular pay period
following termination of employment.
11.06 Vacations and/or Leaves of Absence will not be granted for the time between
December 151h and January 5th of the present and new calendar year.
11.07 Vacation will be limited to a maximum of two (2) consecutive weeks in a row
during peak vacation periods of June 1st to August 31st of each calendar year.
ARTICLE 12- WELFARE & SICK DAYS
12.01 (a) (i) The Employer agrees to contribute for each employee, who is scheduled to work
seventy (70) hours or more bi-weekly, after completion of the probationary period
into Labourers' Local 183 Industrial Benefit Fund, jointly administered by equal
number of Employer and Union Trustees, for the purpose of purchasing Plan A,
plus applicable taxes:
July 1, 2015
$212.00/month
July l, 2016
$217.00/month
July 1, 2017
$220.00/month
The Employer agrees to collect from each member entitled, as set out above, the
amount often ($10.00) dollars per pay period and remit to the Local 183 Benefit
Fund with the Employers contribution for the duration period of the Collective
Agreement.
(ii) The Employer agrees to contribute for each employee, who is scheduled to
work fifty (50) to sixty-nine (69) hours bi-weekly after the completion of
their probationary period into Labourers' Local183 Industrial Benefit Fund,
jointly administered by equal number of Employer and Union Trustees, for
the purpose of purchasing Plan F, plus applicable taxes:
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July 1, 2015
$132.00/month
July 1, 2016
$13 8. 00/month
July 1, 2017
$141. 00/month
The Employer agrees to collect from each member entitled, as set out above,
the amount often ($1 0.00) dollars per pay period and remit to the Local 183
Benefit Fund with the Employers contribution for the duration period of the
Collective Agreement.
iii) Those members who are entitled to Plan F (ii) and wish to upgrade to the
Plan A (i) agree to have the difference deducted from their payroll per pay.
If employees do not earn enough on the payroll period then they will not be
entitled to the additional benefits for that month and the Employer will not
be responsible to deduct the difference on the member's behalf.
The member will be solely responsible to pay the Benefit Department directly to
maintain their benefit. Members have the option to upgrade into Plan A (i) by contacting their
Manager and filling out a Compass/Nova authorization form and may only be entitled to upgrade
once in the three (3) year agreement. Once a probationary member has completed their
probationary period they will be entitled to upgrade to the Plan A (i). Members may also not
withdraw in the three (3) year period. A member shall be locked into the upgraded plan for the
three (3) year period of the Collective Agreement unless their employment ends.
(b) The Employer will maintain the hours-of-work and will not reduce employees
hours-of-work for the purpose of reducing benefit coverage.
Employer to pay the benefit premium for a period of one (1) year or length of
service, whichever is shorter when an employee is off work due to verified illness or non-work
related injury.
12.02 Sick Days
In the event of an infectious outbreak being declared by the Department of Health
in a Nursing Home where an employee of this Employer is working and such employee suffers
symptoms matching the outbreak criteria requiring him/her to be sent home as a result. The
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Employer will pay one hundred percent (1 00%) of the earnings lost for any scheduled shifts for
the period of time to a maximum of two (2) weeks as determined by the medical director. (i.e.:
employee told to go home for three (3) days due to medically diagnosed symptoms related to
facility illness). Such payment for lost scheduled shifts will be made on the next regular pay only
if the employee's illness was verified by a medical certificate presented to the Employer upon their
return to work. It is understood and agreed that the responsibility for payment of such certificate,
should charge be levied by the physician, shall be borne by the employee.
12.03 Personal Days
All employees who have completed probation and who work an average of four (4)
shifts per week will be entitled to nine (9) personal days from the period of April 1 to Mar 31 each
year, cashable if not used. All unused Personal Days as of March 31 yearly will be paid-out by
April 15. As of April1, Personal Day entitlement shall be pro-rated based on time worked (i.e. an
employee must work 1.3 months in order to be entitled to one (1) personal day).
The following are examples of what qualifies as a Personal Day", but not limited to:
(a) Employee illness;
(b) Immediate family illness (i.e. child or parent);
(c) Medical appointments (personal or family member);
(d) Dental appointments (personal or family member);
(e) Other appointments that cannot be scheduled outside of Business Hours
(Lawyers, court, immigration etc.).
The following are examples of what does not qualify as a "Personal Day", but not limited to:
(a) Extending vacations;
(b) Extending long weekends;
(c) Day off for no valid reason.
12.04 Retirement Fund
The Employer agrees to pay for each hour of regular time worked by each employee
(up to one hundred and fifty (150) hours/month) covered by this Agreement into the Labourers'
Local 183, Retiree Benefit Fund, the following sums:
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July 1, 2015
$0.05/hr
.July 1, 2016
$0.05/hr
July J, 2017
$0.05/lu·
The Employer shall remit contributions to the Labourers', Local 183 Retiree
Benefit Trust Fund monthly, together with a duly completed Employer's Report Form, by the
fifteenth (15) of the month following the month for which the payment is due. Each monthly
contribution shall include all obligations arising from hours worked up to the close of the
Employers' payroll ending nearest to the last day of the preceding month.
The Employers' responsibility and liability for the Pension and Retirement Funds
as set out above is strictly limited to the obligation to make the contributions as set out in the
relevant provision.
ARTICLE 13 -PAYMENT OF WAGES
13.01 The Employer shall provide a statement which defines hours worked, overtime
hours, hourly rate (where applicable), deductions for Income Tax, Employment Insurance, Canada
Pension Plan, Union Dues, etc. The cheque statement shall be given to all employees, stapled
under the employees name for confidentiality reasons, if they are not handed directly to the
employee. Statements shall be delivered to the members as soon as the manager receives them.
13.02 In the event of an intended lay-off, the affected employee shall receive notice in
accordance with Provincial Government Regulations.
13.03 The Employer shall, by the next day pay period send by registered mail, to the said
employee's last known address on file, all outstanding documentation, including: Record of
Employment and all benefits including: Vacation Pay, Statutory Holiday remunerations and
accumulated pay.
13.04 The Employer shall, no later than the next regular pay following an employee's
voluntarily terminated employment, send by mail, to the employee's last known address on file,
the said employee's pay cheque.
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13.05 All payroll discrepancies shall be forwarded to the Supervisor who will then
forward it to Head Office in writing as per Nova's Payroll Discrepancy Policy.
ARTICLE 14 -JURY SERVICE
14.01 The Employer shall pay an employee who is required to serve as a juror the
difference between his/her normal earnings provided that the employee:
14.02
(a) Notifies the Employer immediately of the employee's notification that he/she will
be required to attend court;
(b) Presents proof of service requiring the employee's attendance;
(c) Presents proof of the amount received for such service;
(d) The Employer's obligation to pay the difference in wages is capped at two (2)
months.
Each employee serving such jury duty shall be required to provide to the Employer
satisfactory proof of such duty being served.
ARTICLE 15 - PROTECTIVE CLOTHING
15.01 Uniforms
Where the Employer requires the employee to wear distinctive or identifying
clothing as specified by Nova Head Office management, the Employer shall provide such clothing
at no cost to the employee.
The Employer shall provide the. following at the inception of employment:
Uniforms: Two (2) uniforms per person per year.
Aprons (Dietary) : As required (a supply will be available) .
Cooks Tops : Three (3) tops per year or as required.
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Winter Coats: One (1) winter coat per heavy duty cleaner or
handyman (as required) to remain the Employers
premises.
The Employer agrees that for all clothing requiring replacement will be issued upon
presentation of worn-out items. Any dispute regarding the need for replacement of any item shall
be resolved by Local Union and Management Representatives, if necessary.
For employees for whom sizing is a problem, the Employer shall allow these
employees to purchase their own uniforms and reimburse the employee based on the employee
providing a valid receipt to a maximum of ninety dollars ($90.00) per year.
Uniform style and colour to be specified by Nova Head Office management and
Nova Crest applied to uniform.
If an employee does not return Nova's uniforms that were provided in the last
year upon termination of employment, the cost of the uniform, thirty dollars ($30.00) will be
deducted from his/her final pay.
Safety Boots
The Employer will pay a premium of five cents ($0.05) per hour to Handy Persons
who are required to wear safety boots. The five cents ($0.05) per hour is included in the hourly
rate.
ARTICLE 16- LUNCH AND REST PERIODS
16.01 Employees working a four (4) hour shift shall receive a fifteen (15) minute rest
period.
16.02 There shall be one-half('li) hour unpaid lunch period permitted daily (as per present
practice).
ARTICLE 17- CALL-IN PAY
17.01 An employee who is called-in to work outside his/her regularly scheduled hours
shall, whenever there is a break between the employee's regularly scheduled hours and the work
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the employee is called-in to do shall be paid a minimum of three (3) hours pay for the afternoon
dietary shift and four (4) hours minimum for any other shift at the employee's regular hourly rate
or time-off in lieu; as per present practice. In all other cases call-in pay will not exceed the normal
duration of the shift.
ARTICLE 18- PROBATIONARY PERIOD
18.01 All employees who work an average of four (4) or more shift per week shall be on
a probationary period for a maximum of sixty ( 60) shifts. All employees who work an average of
three (3) or less shifts per week shall be on a probationary period for a maximum of fifty (50)
shifts.
ARTICLE 19 -JOB POSTING
19.01 Wherever a vacancy occurs within the bargaining unit the Employer shall post on
a bulletin board accessible to all members of the bargaining unit within five (5) working-days a
notice with details of such vacancy. Such notice shall remain posted for seven (7) days.
19.02 In filling job vacancies, including promotions, transfers and new positions the
Employer will consider the requirements and efficiency of operation and the knowledge, training,
skill, ability and physical fitness of the individual to perform the normal required work.
It being understood that qualifications, as defined above, being equal, the employee
with the greatest seniority will be given preference.
The job shall be awarded within fifteen (15) working days of the posting.
19.03 Any openings which become available on the day-shift, present employees in the
bargaining unit shall have the first opportunity to fill these positions.
19.04 Seniority and qualifications shall be the determining factor for change of shifts,
qualifications being equal seniority shall govern.
19.05 Vacancies will be posted in the affected location only.
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ARTICLE 20- BEREAVEMENT AND OTHER LEA VE(S)
20.01 Employees who have completed their probationary period who suffer bereavement
within the immediate family circle will be granted three (3) consecutive days' leave of absence
with pay for the purpose of making funeral arrangements or attending the funeral ending the day
of the funeral. Immediate family in such circumstances means: wife or husband, son or daughter,
sister or brother, mother or father, mother-in-law, father-in-law, grandparents, grandchild,
daughter-in-law or son-in-law.
If an employee suffers bereavement within the immediate family circle, as defined
above, out ofprovince and does not attend the funeral, he/she will be granted one (1) days' leave
of absence with pay.
An employee may be required to provide satisfactory proof of death to substantiate
his/her claim.
20.02 This clause shall not apply to any day which is not a regular scheduled work-day.
20.03 In addition to the three (3) days' leave of absence with pay, the Employer will not
unreasonably withhold permission for a further leave of absence without pay.
20.04 Maternity, Adoption and Parental Leave
Maternity, Adoption and Parental Leave as per Employment Standards Act.
ARTICLE 21 - SENIORITY
21.01 Seniority as referred to in this Agreement shall mean, for Full time employees,
length of service in the bargaining unit, dating back to original date of hire, and shall be applied
on a bargaining unit-wide basis, by address.
Seniority for part time employees will be based on hours worked within the work location
in accordance with Article 21.06. Part time seniority will be calculated every six ( 6) months. This
seniority will apply for the preceding six (6) months.
21.02 An employee shall lose his/her seniority and the employee's employment shall be
deemed to be terminated in the following circumstances if:
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21.03
(a) the employee voluntarily quits his/her employment with the Employer;
(b) the employee is discharged and is not reinstated through the Grievance or
Arbitration Procedures;
(c) the employee is off work because of lay-off, accident or illness for twelve (12)
months or the length of the employee's seniority, whichever is shorter;
(d) the employee fails to notify the Employer within two (2) working-days that he/she
will report to work after being notified by the Employer to report for work or
subsequently fails to report for work within five (5) working-days after being
notified by the Employer by registered mail to report for work following lay-off
unless a reason satisfactory to the Employer is given;
(e) the employee is absent from work for one (1) day without notifying the Employer,
except in extenuating circumstances;
(f)
(g)
(a)
(b)
the employee accepts other employment during any leave of absence granted by the
Employer.
Uses an approved leave of absence for reasons other than stated.
An employee shall accumulate seniority under any of the following conditions:
when actually at work for the Employer;
when absent on vacation with pay or on approved leave of absence [up to three (3)
months for leave of absence];
(c) during any period when the employee is prevented from performing his/her work
for the Employer by reason of illness, accident and/or injury arising out of and in
the course of his/her employment for the Employer and for which he/she is
receiving compensation under the provisions of the Workplace Safety and
Insurance Act for a period of up to twelve (12) months or the employee's seniority,
whichever is shorter.
Nova Services Group Inc. (Provincial Long Term Care) (2015-2018} Page 18
21.04 An employee who does not qualify to accumulate seniority under Article 21.03
shall maintain their existing seniority, unless and until the employee loses same pursuant to Article
21.02.
21.05 Employees shall be required to notify the Employer of their current address and
telephone number and of any change to the address or telephone number in the future. The
Employer shall be entitled to rely upon the last address and telephone number furnished to it by an
employee for all purposes.
21.06 Seniority lists shall be provided to the appointed Union Steward(s) and shall be
posted in the work place every six ( 6) months. The Employer agrees to provide the Union with
the combined full-time I part-time I casual seniority list at each geographic location at the
beginning of May and December of each year.
21.07 In the event of lay-offs, and for the purpose of recalling those to work who have
been laid-off, the following factors shall be considered:
(a) seniority;
(b) ability to perform work available.
It is agreed that in circumstances where, between two (2) or more employees, ability
is relatively equal, seniority shall govern.
21.08 Employees returning from sick leave, approved leave of absence, Workers'
Compensation, or maternity leave, will be returned to their former shift and former duties within
one (1) week of returning to work.
21.09 In the event that an employee covered by this Agreement should be promoted to a
supervisory or confidential position beyond the scope of the Agreement, as defined in Article 1 -
Recognition, the employee shall retain his/her accumulated seniority for a twelve (12) month
period from the date of appointment or length of seniority, whichever is shorter. Following the
expiry of the preceding limits the employee's name shall be considered deleted from the seniority
list, except for the purposes of vacation pay percentages.
Nova Services Group Inc. {Provincial Long Term Care) (2015-2018) Page 19
ARTICLE 22- DISCIPLINE
22.01 Any discipline given to an employee will not be relied upon by the Employer in
further progressive discipline where the employee's disciplinary record has been free of further
discipline for a period of twelve (12) months.
22.02 Right to Have Steward P1·escnt
An employee, who is subject to verbal warnings, or disciplinary action which is to
be recorded within the employee's Personnel File, shall have the right to the presence of a Union
Steward, if the employee so chooses. The employee shall be notified in advance of the purpose of
such meeting. It shall be the responsibility of the employee to contact the Union Steward. A Union
Steward, who is subject to verbal warnings, or disciplinary action which is to be recorded in the
employee's Personnel File, shall have the right to the presence of a Union Representative or an
officially appointed Union Steward. This provision shall not apply to those discussions that are of
an operational nature and do not involve imposition of disciplinary action. Availability must be
within forty-eight ( 48) hours.
ARTICLE 23- NON-DISCRIMINATION
23.01 The Employer agrees that there shall be no discrimination or intimidation by the
Employer or any of its agents against any employee or group of employees because of membership
or non-membership in the Union or for having in good faith processed a grievance.
23.02 There shall be no discrimination against any employee, male or female, because of
race, religious creed, colour, national origin or age.
ARTICLE 24 -MISCELLANEOUS
24.01 No employee covered by this Collective Agreement, shall as a result of the same,
receive, suffer or incur any loss or reduction in wages or any other benefits or conditions of
employment monetary or otherwise.
24.02 The Employer bound by this Collective Agreement, shall not be required to
continue to provide benefits which duplicate any of those benefits provided for and required to be
given by this Collective Agreement.
Nova Services Group Inc. (Provincial Long Term Care) (2015-2018} Page 20
24.03 Employee Attendance at Staff Meetings
(a) Where an employee is directed by the Employer to attend a staff meeting, in-service
or a committee meeting, the employee shall be compensated at his/her regular hourly
rate for the time spent in such attendance (including their lunch and/or break times).
ARTICLE 25 -UNION I MANAGEMENT MEETINGS
25.01 The Employer agrees to meet with Representatives of the employees when a request
for such a meeting is made by a full-time Union Representative. Such meetings are to occur within
five (5) working-days of the request being made but, in any event, not more often than one (1)
time per calendar month.
The person or persons representing the Employer at such meetings are to be
Management personnel above the level of those Management personnel normally supervising the
work of the Employees. This clause is understood to be separate and apart from the grievance
provisions. The purpose of this clause is to facilitate an exchange of views on problems or
suggestions to provide for the better functioning of employees in the work place.
25.02 Upon notification by the full-time Union Business Representative, the authorized
agent of the Employer will arrange for access to the job-site which are listed in Article 1 -
"Recognition".
25.03 Health and Safetv
(a) Employees shall report any work related accident/injury to his/her immediate
supervisor as soon as it occurs and follow through with all responsibilities outlined
in the Workplace Safety and Insurance Act.
(b) Employees working at locations requiring a facility JHSC must elect a Nova
employee in accordance with the OHSA and participate in the Committee's
activities as per the facility direction.
(c) Employees returning from Sick leave must provide a cleared Treatment
Memorandum report by a medical practitioner to ensure they are physically able to
perform their duties and maintain their safety at work.
Nova Services Group Inc. {Provincial Long Term Care) {2015-2018) Page 21
ARTICLE 26- DURATION OF AGREEMENT
26.01 This Agreement shall continue in full force and effect from July 1, 2015 until June
30, 2018, inclusive, and thereafter shall be automatically renewed and remain in force from year
to-year from its expiration date, unless, within the period of ninety (90) days before the Agreement
ceases to operate, either party gives notice in writing to the other party of its desire to bargain with
a view to the renewal with or without modifications of the Agreement.
26.02 On receipt of such notice, the parties to the Agreement shall convene a meeting
within fifteen (15) days and bargain in good faith to endeavour to reach an agreement.
"Phil Vinson"
Dated in Toronto, thilf~ay of ~("hots
On behalf of the Union:
7 Suzanne Snow
Bargaining Committee:
"Roberto Lopez"
"Freida Zammer"
"Dina Dylan"
"Margaret Horn"
"Clover Brown"
"Nalini Navaveethan"
"Maria Kozelj"
"Wilfreda Martinez"
"Ali Zammer"
"Lisa Mohammed"
"Gabriel Alvarez"
Nova Services Group Inc. (Provincial Long Term Care) (2015-2018) Page 22
APPENDIX "A"
ARTICLE 1- WAGES AND CLASSIFICATIONS
1.01 The following wages shall apply to the following classifications during the life of
this Agreement:
Environmental Division- Hourly Rate of Pay
Classification
Group 1 - Light Duty
Cleaners I Laundry (duties
as per present practice)
Group 2 - Heavy Duty
Cleaners (duties as per
present practice)
Group 3-
Handyman/Maintenance
(duties as per present
practice, including carrying
the pager)
1-Jul-15
$14.25
$16.40
$16.80
1-Jul-16 1-Jul-17
$14.40 $14.55
$16.55 $16.70
$16.95 $17.10
The above rate for Handyman includes five cents ($0.05)/hour for the purchase of safety boots.
Light Duty-
Kennedy Lodge (duties as
per present practice)
1-Jul-15
$14.40
1-Jul-16
$14.55
Nova Services Group Inc. {Provincial Long Term Care) (2015-2018)
1-Jul-17
$14.70
Page 23
Dietary Division- Houdy Rate of Pay
Classification 1-Jul-15 1-Jul-16 1-Jul-17
Cook 1 $18.50 $18.65 $18.80
Cook2 $17.90 $18.05 $18.20
Dietary Aide $15.00 $15.15 $15.30
The above rate for Cooks includes an additional five cents ($0.05)/hour in lieu of payment
for Red Seal Test.
1.02
Anyone making above the grid rate for the Dietary Department shall receive the following:
(a)
July 1, 2015
$0.15
Premiums
July 1, 2016
$0.15
July 1, 2017
$0.15
All employees who are scheduled to work the night shift (after 11:00 p.m.) shall
receive a premium of ninety cents ($0.90) per hour over and above their regular
rate-of-pay.
On-Call Premiums
(b) Employees who are assigned by the Employer as the replacement supervisor, shall
be paid a premium of one dollar ($1. 00) per hour for all hours so assigned.
(c) Fenelon Falls - when replacing Supervisor - H.D. Cleaner rate plus one dollar
($1.00) per hour for phone.
(d) Probationary Rate
The probationary rate for all new employees shall be one dollar ($1.00) per hour
less the applicable rate.
Nova Services Group Inc. (Provincial Long Term Care) (2015-2018} Page 24
1.03 Temporary Transfer
Employees temporarily transferred or directed to perform duties by management of
another classification for a period of more than one ( 1) hour per shift, which may be a lower or
higher rate-of-pay than their classification, shall be paid the higher rate-of-pay for all hours
worked. (Classification to be determined by present job descriptions and job routines.)
Note: This Article does not apply to employees who are regularly scheduled in
two (2) or more classifications or employees who request to work in two (2) or more
classifications.
1.04 Cross-Over
Employees who have posted scheduled work in both Dietary and Housekeeping
departments in the same home shall be entitled to any benefits and privileges afforded by the
Collective Agreement if the combined total number of hours provides them with the required
eligibility.
ARTICLE 2 -HOURS-OF-WORK
2.01 The regular work period shall not exceed eighty-eight (88) hours in a fourteen (14)
day period, Monday through Sunday inclusive. This clause does not guarantee eighty-eight (88)
hours of work in every fourteen (14) day pay period.
Scheduling of hours-of-work and days-off to be as per present practice.
2.02 Overtime at the rate of time and one-half (1 Yz) the employee's individual hourly rate
will be paid for all work performed over eighty-eight (88) hours in a fourteen (14) day period (see
Article 1.02).
ARTICLE 3- RRSP CONTRIBUTION
The Employer agrees to contribute on behalf of each employee in the bargaining
unit starting July 1, 2015, $0.15 per hour to a Group Registered Retirement Savings Plan. July 1,
2016, the amount will increase to $0.30 per hour, July 1, 2017, the amount will increase to $0.45
per hour.
Nova Services Croup Inc. {Provincial Long Term Care) (2015-2018) Page 25