this agreement made and entered into the 1st day of april ... · maintenance and janitorial...

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THIS AGREEMENT made and entered into the 1st day of April 2017 . BETWEEN: COMMERICAL CLEANING SERVICES Ontario Cancer Care, 620 University Avenue (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 maintenance and janitorial cleaning and to provide for and ensure uniform interpretation and application in the administration of this Collective Agreement. It is agreed as follows : ARTICLE I- SCOPE AND RECOGNITION 1.01 The Employer hereby recognizes the Union as the sole bargaining Representative of all employees engaged in cleaning at the 620 University Avenue, Toronto, Ontario, where the employees of the Employer perform such work on the basis of contract(s) save and except office and clerical staff, Special Service Staff, Health Care Division Staff, Supervisory personnel and persons above the rank of supervisor. Also save and except for persons covered under any subsisting Collective Agreement relationship 1.02 Non-Bargaining personnel may continue to perform any bargaining unit work as per present practices, so long as it does not cause the lay-off of a barga ining unit employee. 1.03 The Employer agrees to recognize and bargain collectively and exclusively with the Union for all employees of the Employer as defined in Articles 1.0 1. Commercial Cleaning Services- 620 Uni1·ersity Avenue (2017-2020) Page I

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Page 1: THIS AGREEMENT made and entered into the 1st day of April ... · maintenance and janitorial cleaning and to provide for and ensure uniform interpretation and ... Toronto, Ontario,

THIS AGREEMENT made and entered into the 1 st day of April 2017.

BETWEEN:

COMMERICAL CLEANING SERVICES Ontario Cancer Care, 620 University Avenue

(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

maintenance and janitorial cleaning and to provide for and ensure uniform interpretation and

application in the administration of this Collective Agreement.

It is agreed as follows:

ARTICLE I- SCOPE AND RECOGNITION

1.01 The Employer hereby recognizes the Union as the sole bargaining Representative

of all employees engaged in cleaning at the 620 University A venue, Toronto, Ontario, where the

employees of the Employer perform such work on the basis of contract(s) save and except office

and clerical staff, Special Service Staff, Health Care Division Staff, Supervisory personnel and

persons above the rank of supervisor. Also save and except for persons covered under any

subsisting Collective Agreement relationship

1.02 Non-Bargaining personnel may continue to perform any bargaining unit work as

per present practices, so long as it does not cause the lay-off of a barga ining unit employee.

1.03 The Employer agrees to recognize and bargain collectively and exclusively with

the Union for all employees of the Employer as defined in Articles 1.0 1.

Commercial Cleaning Services- 620 Uni1·ersity Avenue (2017-2020)

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ARTICLE II -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 ( 15111) 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

(a)

Emplovee Attendance at Staff Meetings

Where an employee is directed by the Employer to attend a staff meeting, in-service

or a committee meeting during his/her regular working hours, 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).

(b) Where an employee is directed by the Employer to attend a staff meeting, in- service

or committee meeting outside of nom1al working hours, he/she shall be credited

with equivalent time off at his/her basic rate of pay.

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2.06 The Employer agrees to provide the Union upon request an updated list of employees

covered by this Agreement in January and June of each year, including their classification,

employee status and updated contact infotmation including addresses, phone numbers, etc.

ARTICLE III- 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;

(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) detem1ine 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 subject to the provisions of Articles IV and V 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 Employe•· Policies

Employer policies shall be communicated/posted on the bulletin board and

available to the employees where applicable.

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ARTICLE IV- GRIEVANCE PROCEDURE

4.01 a)

b)

STEPNO.l

STEP N0.2

STEP NO.3

The immediate attention to complaints and grievances is of the utmost importance.

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:

The aggrieved employee shall present his/her gnevance m writing to his/her

supervisor within five (5) working-days following the decision in 4.01 b). He 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/her. 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 Representative 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 arbitmtion within ten

(I 0) working-days following, as provided for in Article V - Arbitration.

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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.

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) shifts 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.

ARTICLE V- ARBITRATION

5.01 Any properly constituted gnevance concemmg the interpretation, application,

administration or alleged violation of this Agreement, which has been properly processed through

all of the steps of Article IV, but has not been satisfactorily settled may be referred to arbitration,

in accordance with the Ontario Labour Relations Act.

5.02 The Official Arbitrator shall hold a hearing within ten (1 0) working-days from the

date of receiving a Notice to Arbitrate.

5.03 The Arbitrator shall, after hearing all of the evidence and submissions from all

parties concerned, submit a final and binding decision in writing.

Reasons for the decision need not be given at the time of the decision but shall be

provided within a reasonable period of time thereafter.

5.04 The Arbitrator shall be provided with w1itten records containing details of the

grievance, the section or sections of the Agreement which are alleged to have been violated and

the requested remedy, none of which is subject to change.

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5.05 The Arbitrator shall not have the power to alter or change any of the provisions of

this Agreement; or to substitute any new provisions for any existing provisions; nor to render any

decision inconsistent with the terms and provisions of the Agreement.

5.06 Statutory Holidays, Saturdays and Sundays shall be excluded from the times

provided for the various steps. Time limits may be adjusted by agreement of the parties concerned.

5.07 The Union and the Employer shall equally share any expenses of the Arbitrator.

ARTICLE VI- 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 IV - 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

V - 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

forward at any time in accordance with Article IV - 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 V -

Arbitration.

ARTICLE VII- 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 VIII- UNION REPRESENTATION

8.01 Union Stewards may be appointed as follows :

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One (1) Union Steward on each of the day and afternoon shifts, per location,

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.

Union Stewards shall, in their specific job classification, be the employees retained

the longest in their respective classification.

8.02 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 Representative 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

8.05

(a)

No Jnd.ividual Agreement

No employee shall be compelled to or allowed to enter into any individual contract

or agreement with the Employer concerning the conditions of employment varying

the conditions of employment herein.

(b) Notwithstanding the above, the wage rates outlined in this Agreement are

minimum wage rates and they do not prevent the Employer from paying a higher

wage rate.

Right to Have teward Present

An employee, who is subject to disciplinary action (i.e. written reprimands,

suspension or termination) that is to be recorded within the employee's Personnel File, shall have

the right to have a Steward to represent him/her at such meetings. It shall be the responsibility of

the Employee to contact the Steward and if one is not available the employee being disciplined

may request the presence of another co-worker at such meeting.

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This provision shall not apply to those discussions that are of an operational nature

and do not involve imposition of disciplinary action.

ARTICLE IX- PRODUCTIVlT\'

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 of this Agreement, shall not cause a lock-out of its

employees.

ARTICLE X- STATUTORY HOLIDAYS

10.01 The following Statutory Holidays shall be recognized:

New Year's Day

Family Day

Good Friday

Victoria Day

Canada Day

*Effective April I, 2013

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

Civic Holiday

*Floating Holiday

10.02 The employee must have worked the regular scheduled shift of each of the working-

days immediately preceding and immediately following each of the noted holidays before

qualifying for holiday pay for any of the noted Statutory Holidays.

Holiday pay shall be as per Employment Standards Act.

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 v;)

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 week-end, they shall be entitled to a day-off in lieu of the holiday.

ARTICLE XI -VACATION PAY

11.01 Vacation Pay shall be predicated on the length of employment with his or her

present Employer, or at the work site, whichever is greater, in accordance with the following:

(a) less than one (1) year of continuous service shall be entitled to four percent (4%)

vacation pay;

(b) more than one ( 1) year of continuous service but less than five ( 5) years of

continuous service with the Employer shall receive two (2) weeks vacation per year

with pay equal to four percent (4%) of the amount of the employee's total wages in

the previous year;

(c) five (5) years or more of continuous service but less than ten (10) years of

continuous service with the Employer shall receive three (3) weeks vacation per

year with pay equal to six percent (6%) of the amount of the employee's total wages

in the previous year;

(d) ten (10) years or more continuous service with the Employer shall receive four (4)

weeks vacation per year with pay equal to eight percent (8%) of the amount of the

employee's total wages in the previous year.

11.02 Vacation periods shall be scheduled by mutual consent of the Employer and

employees.

11.03 Vacation periods are limited as per present practice, unless approved by

management.

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11.04 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.

11.05 Employees' Vacation Pay remuneration shall be submitted to them on or before

August 31st of each calendar year following the date of the employee's initial employment.

11.06 Employees shall receive Vacation Pay no later than the first regular pay period

following termination of employment.

11.07 In areas that require seven (7) days per week staffing vacations and/or Leaves of

Absence will not be granted for the time between December 15th and January 5th of the present and

new calendar year. Employees requesting vacation during this time may submit a request in writing

and the approval will not be unreasonably withheld and will be based on the employee's seniority.

11.08 Vacation will be limited to two (2) consecutive weeks during peak vacation June

15th to August 31 51• Employees requesting longer vacation periods pursuant to Article 11.04 shall

not be unreasonably withheld.

ARTICLE XII- WELFARE

12.01 i) The Employer agrees to contribute on behalf of each employees who are scheduled

to work twenty-five (25) hours per week or more:

Apr. l/J7 Apr. l/J 8 Apr. l/J9

$110.00 $115.00 $120.00

Plus applicable taxes per month for employees

after the completion of the probationary period into the LIUNA, Local 183 Industrial Benefit Fund,

jointly administered by an equal number of Employer and Union Trustees, for the purpose of

purchasing major medical insurance.

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12.02 It is understood that the Employer shall not be construed to be an insurer nor shall

it have any liability other than making the payment as aforesaid to the Trust Fund and the Union

agrees to indemnify and save harmless the Employer against any or all claims which may be made

against it in respect of any claim by an employee for the insurance coverage provided for herein.

Remittances to be forwarded by the fifteenth ( 15111) of each month. (Example: June 15 remittance

[which represents the May work-month] provides July 1 benefit coverage).

ARTICLE XIII- PAYMENT OF WAGES

13.01 Wages shall be paid by direct deposit, to each employee.

The Employer shall provide with the wage cheque a statement which defines hours

worked, overtime hours, hourly rate (where applicable), deductions for Income Tax, Employment

Insurance, Canada Pension Plan, Union dues, etc.

Employees shall be paid semi-monthly.

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, within seven (7) days after discharging an employee, 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 stub.

ARTICLE XIV- 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:

i) Notifies the Employer immediately of the employee's notification that he will be

required to attend court;

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

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

iv) The Employer's obligation to pay the difference in wages is capped at two (2)

months.

14.02 Each employee serving such jury duty shall be required to provide to the Employer

satisfactory proof of such duty being served.

ARTICLE XV- PROTECTIVE CLOTHING

15.01 The Employer will provide winter coats, gloves and hard hats, where necessary, as

per Employer policy.

15.02 The Employer will supply uniforms, at no cost to the employees in the bargaining

unit, consisting of two (2) uniforms per year, if required, as per Employer policy.

15.03 The Employer shall reimburse employees required to wear safety shoes up to

seventy-five dollars ($75.00), only when a replacement is needed after an original receipt has been

submitted. Employees requiring safety shoes must obtain management approval prior to purchase.

ARTICLE XVI- LUNCH AND REST PERIODS

16.0 I Employees working a five (5) hour shift shall receive a fifteen (15) minute rest

period (as per present practice).

16.02 There shall be one-half (Yz) hour unpaid lunch period permitted daily (as per present

practice).

ARTICLE XVII - 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

the employee is called-in to do shall be paid a minimum of four ( 4) hours pay at the employee's

regular hourly rate; or time-off in lieu.

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ARTICLE XVIII- PROBATIONARY PERIOD

18.01 All employees employed during the term of this Agreement shall be on a

probationary period for a maximum of sixty (60) shifts worked from their first date of employment

for the purpose of giving the Employer an opportunity to assess their qualifications for work

assignments, and will have no recourse to the grievance procedure for lay-off during that

probationary period.

All employees who work an average of three (3) or less shifts per week shall be on

a probationary period for a maximum of forty-five ( 45) shifts.

ARTICLE XIX- 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 five (5) 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 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 detem1ining factor for change of shifts,

qualifications being equal seniority shall govem.

19.05 Vacancies will be posted in the affected location only.

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ARTICLE XX - BEREAVEMENT

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,

stepchild (of current spouse only), sister or brother, mother or father, mother-in-law or father-in­

law, and grandparents or grandchildren.

If an employee suffers bereavement within the immediate family, as defined above,

outside the country and does not attend the funeral, he will be granted one (1) days' leave of

absence with pay.

An employee may be required to provide 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.

ARTICLE XXI - SENIORITY

21.01 Seniority as referred to in this Agreement shall mean length of service in the

bargaining unit, dating back to original date of hire at the locations identified in Article I -

Recognition, and shall be applied on a bargaining unit-wide basis.

21.02 An employee shall lose his/her seniority and the employee's employment shall be

deemed to be terminated in the following circumstances:

(a) if he voluntarily quits his/her employment with the Employer;

(b) that he is discharged and is not reinstated through the Grievance or Arbitration

Procedures;

(c) that he 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;

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21.03

21.04

(d) fails to notify the Employer within two (2) working-days that he 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) absence from work for one (1) day without notifying the Employer, except in

extenuating circumstances;

(f) if he accepts other employment during any leave of absence granted by the

Employer.

(a)

(b)

An employee shall accumulate seniority under any of the following conditions:

when actually at work for the Employer;

when absent on vacation with pay, on plant holidays or on approved leave of

absence [up to three (3) months for leave of absence];

(c) during any period when he 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 is receiving

compensation under the provisions of the Workers' Compensation Board Act for a

period of up to twelve (12) months or the employee's seniority, whichever is sh01ier.

An employee who does not qualify to accumulate seniority under Article 21.03

shall maintain his/her existing seniority, unless and until he loses same pursuant to A1iicle 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 revised and posted in the work place every twelve (12)

months and a copy sent to the Union.

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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 perf01m 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 or

equivalent duties within two (2) weeks 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 I -

Recognition, he shall retain his/her accumulated seniority for a six (6) 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.

ARTICLE XXII - 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 Personnel File

So long as the misconduct did not involve a violation oflaw or an issue constituting

breach of trust.

An Employee or Union Representative, with the employee's written authority, shall

be entitled to view the employee's Personnel File once every twelve ( 12) months and access to the

employees Personnel File shall be provided within fourteen (14) calendar days of the request. The

viewing of such files shall take place at the Employer's Human Resources Office.

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ARTICLE XXIII- NON-DISCRIMINATION 23.01 The Employer agrees that there shall be no discrimination or intimidation by the

Employer or any of its Representatives against any employee or group of employees because of

membership or non-member ship 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.

23.03 In this Collective Agreement words usmg the masculine gender include the

feminine .

ARTICLE XXIV- 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.

ARTICLE XXV- 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 (I)

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.

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25.02 Upon notification by the full-time Union Business Representative the authorized

Representative of the Employer will arrange for access to the job-site which are listed in Article I

-"Recognition".

ARTICLE XXVI- HEALTH AND SAFETY

26.01 The Employer and the Union recognize the importance of promoting safe working

conditions and the safe handling of equipment at all times. It is equally recognized to be in the best

interests of all parties at all times to comply with the statutes and regulations which pertain to the

Employer's operation.

26.02 In the event that an employee alleges the existence of any unsafe practice or unsafe

conditions, the employee concerned has an obligation to immediately report such a practice or

condition to the Employer.

26.03 Employees shall report any work related accident/injury to his/her immediate

supervisor as soon as it occurs and both the employee and Employer must follow through with all

responsibilities as outlines in the WORKPLACE SAFETY AND INSURANCE ACT.

26.04 Employees returning from sick leave must provide their supervisor with the

Employer ' s Fitness for Duty report cleared by a medical practitioner to ensure they are physically

able to perform their duties and maintain their safety at work. It is understood and agreed that the

responsibility for payment, should charge be levied by the medical practitioner, be borne by the

employee.

26 .05

(a)

Harassment

All employees have the right to work in an environment free from sexual

harassment. Sexual harassment will be grounds for the imposition of discipline

pursuant to this Agreement. Where an employee alleges that sexual harassment has

occurred on the job, the employee shall have the right to grieve under this

Agreement.

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(b) "Sexual harassment" means any unwelcome sexual advances, remarks or demands

for sexual favours of an unwelcome or physical nature, insulting or offensive

comments or conduct of a sexual nature in compliance with Bill 168.

ARTICLE XXVII- DURATION OF AGREEMENT

27.01 This Agreement shall continue in full force and effect from April1, 2017 to March

31, 2020, 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.

27.02 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.

DATED at Toronto, Ontario, this 1 2 day 0 f _ ___..u.llw!D_u:e.__ ___ , 20 1 7.

FOR THE EMPLOYER

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APPENDIX "A"

ARTICLE 1- WAGES AND CLASSIFICATIONS

1.01 Apr 1/17 A pr J/18 Apr 1/19

Light Duty Day Matron Heavy Duty Day Porter

All employees to receive same increases as above.

1.02 Midnight Shift Premium:

$12.30 $12.70 $13.85 $14.25

$12.60 $13.00 $14.15 $14.55

$12.90 $13.30 $14.45 $14.85

Fifty cents ($0.50) per hour over and above classification rate-of-pay.

1.03 Probationary employees shall be paid twenty-five cents ($0.25) per hour less than

the rate of their classification.

1.04 Any employee who does not receive an increase as a result of the grid shall receive

the same wage increases as shown above

1.05 LEAD HAND PREMIUM - one dollar ($1.00/hr.) over and above classification

rate.

ARTICLE 2- HOURS-OF-WORK

2.01 The regular work period shall not exceed forty-four (44) hours per week, Monday

through Sunday inclusive. This clause does not guarantee forty-four (44) hours-of-work in any

week.

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(l Y2) the employee's individual hourly rate

will be paid for all work performed over forty-four (44) hours per week.

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