ontario services... · 2018-12-18 · ar ti cle 23 - health and safety ... $600.00 $725.00 $850.00...

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• •••••••••••••••••••••••••••••••••••••••••••••• COLLECTIVE AGREE1\1ENT + - between - + + : UNIFOR, LOCAL 673 : (hereinafter referred to as the "Employer") . . : CANADIAN OFFICE AND PROFESSIONAL ! : EMPLOYEES UNION, LOCAL 343 : + (hereinafter ref erred to as the "Union") + + 9 + : WB-2m : +

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Page 1: Ontario Services... · 2018-12-18 · AR TI CLE 23 - Health and Safety ... $600.00 $725.00 $850.00 $975.00 ... Employees will be granted up to five (5) days off without loss of pay

••••••••••••••••••••••••••••••••••••••••••••••• • • • • • • • • • • • • • • • • • • • • • • • • • COLLECTIVE AGREE1\1ENT • • • • • • • • • • • + -between - + • • • • + • • • : UNIFOR, LOCAL 673 : • (hereinafter referred to as the "Employer") • • • • • • • . -~- . • • • • • • : CANADIAN OFFICE AND PROFESSIONAL ! : EMPLOYEES UNION, LOCAL 343 : + (hereinafter ref erred to as the "Union") + • • • • • • • • • + • • • • 9 • • • • + • • • • • • • • : WB-2m : • • • • • • + • • • ························~·····················

Page 2: Ontario Services... · 2018-12-18 · AR TI CLE 23 - Health and Safety ... $600.00 $725.00 $850.00 $975.00 ... Employees will be granted up to five (5) days off without loss of pay

TABLE OF CONTENTS

ARTICLE 1-Recognition ............................................................................................... ...................... 3

ARTICLE 2 - Union Security ................................................................................................................ 3

ARTICLE 3 - Seniority ..................... .......... ... ...... .. ........... ..................................................................... 4

ARTICLE 4 - Leave Of Absence ................. .............................................................. ...... ...... ................ 4

ARTICLE 5 - Hours ............................................................................................................................... 5

ARTICLE 6 - Wages .............................................................................................................................. 5

ARTICLE 7 - Call-In Pay ................ .......................... ...... .. .................................................................... 6

ARTICLE 8 - Employer Business ................... ............................................. ......................................... 6

ARTICLE 9 -Paid Holidays ............... ................................................................. .. ......................... ....... 6

ARTICLE 10- Vacations ................................................................... .................. ................................. 7

ARTICLE 11 - Grievance And Arbitration ......................................................... .................................. 8

ARTICLE 12 - Lay-Off, Discharge And Disciplinary Action ............................................................... 8

ARTICLE 13 - Pension ........................... .. ................................................................ ............................. 8

ARTICLE 14-No Strikes or Lockouts ........................................................................ ......................... 8

ARTICLE 15 - No Discrimination ......................................................................................................... 9

ARTICLE 16- Health and Sanitation ....... ....................................................... ..................................... . 9

ARTICLE 17 - Union Label ........ ............................. ... .............................. ............................................ 9

ARTICLE 18 - Equal Pay for Equal Work ................ .... ...................... ........ ................................. ......... 9

ARTICLE 19- Sick Leave ..................................................................................................................... 9

ARTICLE 20 - Occupational Accident Coverage ................................................................................. 9

ARTICLE 21 - Heath and Welfare ........................................................................................................ 9

ARTICLE 22-Training and retraining ................................................................................................. 9

AR TI CLE 23 - Health and Safety ........................................................................................................ 10

ARTICLE 24-Terrnination ............. .. ................................................. ............ ..... .. ......................... ..... 10

LE1TER OF UNDERSTANDING- Severance Package .............................. ..................................... 11

UNWOR Local 673 Page2of11

Page 3: Ontario Services... · 2018-12-18 · AR TI CLE 23 - Health and Safety ... $600.00 $725.00 $850.00 $975.00 ... Employees will be granted up to five (5) days off without loss of pay

ARTICLE 1 - RECOGNITION

1.01 The Employer recognizes the Union as the exclusive collective bargaining agent for all its office, technical and clerical employees.

ARTICLE 2 ·UNION SECURITY

2.01 Any person hereafter employed, whether temporary, part-time or full-time employees, shall be required to join the Union immediately upon hire. When interviewing job applicants, the Employer will inform them of this requirement.

2.02 All employees who are members of the Union on the effective date of this Agreement or who subsequently become members, shall remain members in good standing in the Union during the term of this Agreement as a condition of continued employment.

2.03 All employees who are not members of the Union shall become members of the Union on the effective date of this Agreement and shall remain members in good standing in the Union during the tenn of this Agreement as a condition of continued employment

2.04 There shall be no contracting out of bargaining unit work. No persons outside of the bargaining unit (including Committee members, Executive Board members, etc.) shall perform bargaining unit work except in the following circumstances:

(a) instructing an employee or employees;

(b) an emergency and no bargaining unit employee is available to perform the work; and

(c) providing (a) and (b) do not reduce the hours of work or pay of any bargaining unit member.

2.05 The Employer agrees to deduct the applicable Union dues from the last pay of the month and submit them to the Union. The Employer will report such Union dues on the employees' T4 slip.

2.06 Should the Company, during the life of this Agreement, decide to move its operations to a location beyond the limits of Metropolitan Toronto, the members of Local 343 concerned will be granted work opportunity at the changed location. The Employer agrees to negotiate with the Union at least forty-five ( 45) days prior to such move for the purpose of providing a Transfer of Operations Agreement to provide:

(a) Protection of the seniority. rights of existing employees. (b) The right of existing employees to transfer with the jobs they nonnally perfonn. (c) Extension of the Collective Agreement to cover the new location.

2.07 An employee whose seniority is transferred to any such new workplace pursuant to 2.06 of this Article will be paid a RE-LOCATION ALLOWANCE, provided:

(a) The workplace to which the employee is to be re-located is at least 40 kilometres from the plant from which his/her seniority was transferred, and

UNIFOR Local 673 Page 3 of l I

Page 4: Ontario Services... · 2018-12-18 · AR TI CLE 23 - Health and Safety ... $600.00 $725.00 $850.00 $975.00 ... Employees will be granted up to five (5) days off without loss of pay

(b) As a result of such re-location he/she changes his/her permanent residence, and

(c) He/she makes application within six (6) months after commencement of employment at the new location to which he/she was re-located.

(d) In the event an employee who is eligible to receive a Re-location Allowance under these provisions is also eligible to receive a Re-location Allowance or its equivalent under any present or future Federal or Provincial legislation, the amount of Re-location allowance provided Wlder this Article, when added to the amount of Re-location Allowance provided by such legislation, shall not exceed the maximum amount of the Re-location Allowance the employee is eligible to receive under the provisions of this Article.

(e) Only one Re-location Allowance will be paid where more than one member of a family living in the same residence are re-located.

Kilometres Between Plant 0-40

41 - 159 160-481 482- 803 804- 1,607

ARTICLE 3 - SENIORITY

Re-location Allowance Nil $600.00 $725.00 $850.00 $975.00

3.01 Seniority shall be accumulated on the basis of length of service with the Employer and shall be accorded to each employee at the completion of the probationary period of three (3) calendar months, effective from the first day of employment.

3.02 In promotions and layoffs seniority will be the only consideration subject to the employee's ability to satisfactorily perform the work required.

3.03 Seniority shall be considered broken when an employee voluntarily leaves the service of the Employer or is discharged for cause.

3.04 The seniority status of an employee who is laid off or granted leave of absence shall be retained and shall continue to accumulate for a period of time equal to his/her length of service.

ARTICLE 4 ·LEA VE OF ABSENCE

4.01 .Jury and Witness Duty Persons called for jury or subpoenaed witness duly shall be granted time off and payment will be made to supplement any loss of wages.

4.02 Bereavement Leave Employees will be granted up to five (5) days off without loss of pay in the case of bereavement in the immediate family, immediate family to mean the spouse, father, mother, son, daughter, sister or brother, mother-in-law, father-in-law, grandparents and grandchildren. Consideration shall be given to requests for any extension of the five day period.

UNJFOR Local 673 Page4of 11

Page 5: Ontario Services... · 2018-12-18 · AR TI CLE 23 - Health and Safety ... $600.00 $725.00 $850.00 $975.00 ... Employees will be granted up to five (5) days off without loss of pay

4.03

4.04

4 .05

I Union Business I Employees will be granted time off lhen necessary to perfonn Union duties, subject to consideration of che work requireme ts at the time.

Miscellaneous The Employer will give consideratiol to requests for leave of absence for other reasons for reasonable periods of time and grant rune where possible. Two weeks' notice will be given by the employee for leaves in excess of hree (3) days.

Parental Leave Three (3) months parental leave shal be afforded to employees who require such leave in addition to the parental leave incumbent on th Employer as per the Employment Standards Act.

Seniority and benefits to accrue and ontinue throughout the duration of all parental leaves.

Parental leave shall be understood to include maternity leave and/or parental leave as defined by the Employment Standards Act and/ r the El Act.

ARTICLE 5 - HOURS

5.01 The work week for permanent part-ti e employees shall consist of three (3) to five (5) days, five (5) hours per day, Monday to Friday,lbetween 8:00 am and 5:00 pm daily. (15 to 25 hours per week) subject to change by mutual ayeement.

5.02 (a) Any time worked beyond the 1ve (5) hours shall be paid at the rate of time and one-half, Monday to Friday.

(b} Any time worked Saturdays all be paid at the rate of time and one-half .

. (c) Any time worked Sunday sh I be paid at double rate.

5.03 Employees shall be granted a ten (10 minute rest period.

5.04 Employees shall have the right to re e to work overtime. (See Article 10 for work performed on holidays.)

ARTICLE 6 - WAGES

6.01 Effective March 29, 2016 Effective April 2, 2016 Effective April 2, 2017 Effective April 2, 2018

$29.82 +COLA ($.011} 0% 1% +COLA l.25%+COLA

Alt COIA adjustments to be rolled r· to the wage rate at the end of the contract.

6.02 Part-time employees shall be paid n t less than the base rate established for the job classification. If the employee is permanent part-ti e, the earnings shall be increased in accordance to the length of service based on the progression rtes shown in Article 6.0 l. Part-time employees shall receive all welfare benefits of this Areement or appendices thereof.

UNIFOR local 673 I Page5of11

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6.03 When the Employer opens a new classification or changes the job duties of the present classification, the rate for this will be set by mutual agreement with the Union. Job duties shall not be changed until such time as a new rate has been agreed to.

6.04 Cost of Living Allowance Employees covered by this Agreement shall receive a cost of living allowance based on the formula in the current year of Bombardier unit Agreement. It is further agreed that any improvements to the COLA clause in the Bombardier unit Toronto Agreement shall apply here.

ARTICLE 7-CALL-INPAY

7.01 An employee called to work on a day which is not a regularly scheduled work day shall receive a minimum of four (4) hours pay at the appropriate rate.

ARTICLE 8 - E1\'1PLOYER BUSINESS

8.01 Employees required to go out of town on the business of the Employer shall be paid for the full day at the rate of accommodation and per diem per UNIFOR Local 673 By-Laws.

ARTICLE 9 ·PAID HOLIDAYS

9.01 All employees covered by this Agreement, including probationary employees shall be paid their regular wages at straight time less legal and statutory deductions for the following holidays:

2016 2017 2018 Stat- New Year's Day Stat-New Year's Day Stat- New Year's Day

(Friday January l, 20l6) (Monday Januarv 2, 2017) (Mondav Januarv I, 2018) Stat- Family Day Stat - Family Day Stat - Family Day

{MondavFebruarv 15, 2016) {Mondav Februarv 20, 2017) (Mondav Februarv 19, 2018) Stat- Good Friday Stat - Good Friday Stat - Good Friday

(Friday March 25. 2016) (Friday Avril 14, 2017) (Fridav March 30, 2018) Stat - Victoria Day Stat - Victoria Day Stat - Victoria Day

(Mondav Mav 23, 2016) (Mondav Mav 22, 2017) (Mondav Mav 21, 2018) Stat - Canada Day Stat - Canada Day To mirror the 2018 - 2021

(Fridav Julv I, 2016) (Monday Julv 3, 2017) Bombardier contract Stat - Labour Day Stat- Labour Day

CMondav Seotember 5, 2016) (Mondav September 4, 2017) Stat - Thanksgiving Stat - Thanksgiving

CMondav October 10, 2016) (Mondav October 9, 20l 7) Floater #1 Floater#l

(Fridav December 23, 2016) (Fridav December 22. 2017) Stat - Christmas Stat - Christmas

(Monday December 26, 2016) (Monday December 25, 2017)

Stat - Boxing Day Stat- Boxing Day (fuesday December 27, 2016) (Tuesdav December 26, 2017)

Floater #2 Floater #2 (Wednesday December 28, 2016) (Wednesday December 27, 2017)

Floater #3 Floater#3 (Thursday December 29, 2016) (Thursdav December 28, 2017)

Floater#4 Floater#4 (Friday December 30, 2016)

' (Fridav December 29, 2017)

UNIFOR Local 673 Page6of11

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9.02 Paid holidays will observe nine (9) statutory holidays and four (4) floater days. Three {3) floater days will be observed during the winter break, the additional floater will be observed on December 24th. If such holidays fall on a day which is not a regular working day, holidays falling on Saturday shall be honoured the preceding Friday; holidays falling on Sunday shall be observed on the following Monday.

9 .03 Pay for work performed on such holidays shall be at double the employee's regular rate in addition to the holiday pay set out in 10.01.

ARTICLE 10 - VACATIONS

10.01 Vacations shall be accorded employees as follows:

One (1) year Five { 5) years Eight (8) years Twelve (12) years Fifteen (15) years and over

- Two {2) weeks - Three (3) weeks - Four (4) weeks - Four and a half (4.5) weeks, - Five (5) weeks

10.02 Vacation periods will be taken at a time mutually agreed upon by the Employer and the employee.

10.03 When a recognized holiday as in Article 10 falls within an employee's vacation period, such holiday will not be counted as vacation and another day off shall be granted or the date of return shall be one (1) full day later or the vacation shall commence one (1) day earlier, as arranged with the Employer.

10.04 The Employer will require all employees to take a vacation and may close the office for such purpose or in the alternative, may stagger their vacations in order to maintain the local office. If the Employer staggers vacations, an employee shall be entitled to take all his/her vacation at one­time if he/she so requests at a time agreed to by the Employer. Vacations are not cumulative and must be taken prior to the end of the vacation year except that an employee who is unable to use his/her full annual vacation entitlement due to illness or disability shall be required to take any unused vacation from the previous vacation year immediately upon his/her retllln to work. If the Bombardier plant has an extended shut down, employees covered by this Agreement may take vacation during this period or have the option of a layoff. For the purpose of this Article the vacation year shall be from April I" of one year until March 3151 of the following year.

ARTICLE 11- GRIEVANCE AND ARBITRATION

11.01 The duly authorized representatives of both parties shall meet on the written request of either party to discuss any differences or disputes which may arise with regard to the meaning, interpretation, application or alleged violation of this Agreement. These representatives shall attempt to resolve such differences. The employee must lodge a grievance within ten (10) working days from the occurrence of the alleged violation and the Employer must respond in writing within five (5) working days from receipt of the grievance.

UNIFOR Local 673 Pagc7of11

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11.02 The Union must, within ten (10) working days from receipt of the Employer's response, either agree to resolution or submit grievance to arbitration. The decision of the Arbitrator shall be final and binding on both parties. The compensation of the Arbitrator shall be borne equally by the Employer and the Union.

11.03 Where an Arbitrator finds that the Employer has violated the Agreement and such violation has resulted in loss of earnings for the employees concerned, such Arbitrator shall have the right to direct compensation for such employees to the extent that is fair and equitable.

11.04 The Arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement.

ARTICLE 12 - LAY-OFF, DISCHARGE AND DISCIPLINARY ACTION

12.01 In the event of a claim that an employee has been discharged or disciplined unjustly, the claim shall be subject to the grievance and arbitration procedure provided in Article 12.

12.02 The Employer will not discharge employees except for just cause. The Employer shall discuss thoroughly with the employee the reasons for which he is considering the discharge and notice of dismissal or termination shall be as per the Employment Standards Act.

(a) Employees with one ( 1) month's service and over shall be given a minimum of one (1) week's notice of discharge.

(b) Notwithstanding (a) above, employees discharged for gross misconduct shall not be entitled to notice of discharge.

12.03 Recall In all cases of lay~off, the employee with the most seniority shall be given first opportunity on recall . .

ARTICLE 13 - PENSION

13.01 The Employer will deposit monthly in an RRSP of the employee's choice, 9% of the employees• gross wages.

ARTICLE 14 - NO STRIKES OR LOCKOUTS

14.01 There shall be no strikes on the part of the Union nor lockouts on the part of the Employer during the lifetime of this Agreement. This section shall not be construed as prohibiting members from respecting picket lines.

ARTICLE 15 - NO DISCRIMINATION

15.01 There shall be no discrimination on the basis of age, sex, marital status, national or racial origin, nationality, colour or religion, sexual orientation or for any reason in regard to hieing, promotions, recall, terms or conditions of employment.

UNIFOR Local 673 Pnge 8of I l

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ARTICLE 16- HEALTH AND SANITATION

16.01 The Employer shall make all reasonable provisions for the safety and health of the employees during working hours. The Union shall from time to time bring to the attention of the Employer any suggestions in this regard and also any other suggestions for improvements in conditions of work.

ARTICLE 17 - UNION LABEL

17.01 All typewritten, mimeographed, stencilled work in the office of the Employer shall bear the Local 343 Union label if such work was performed by a member of the Union.

ARTICLE 18 - EQUAL PAY FOR EQUAL WORK

18.01 When two (2) or more employees are engaged in identical type of work and the rate of one (1) employee is higher than for the others, then such employees shall also be paid at the higher rate.

ARTICLE 19 - SICK LEA VE

19.01 Each employee shall be allowed ten (10) sick days a year without loss of pay for each contract year. The employee shall bank unused sick days from year to year to a maximum of 120 days for short term disability with a doctor's note.

A doctor's note of proof of illness may be required on the fifth (51h) day of absence. The Employer shall pay for the doctor's notes.

ARTICLE 20 - OCCUPATIONAL ACCIDENT COVERAGE

20.01 The Employer agrees to provide Workers Compensation for the employees covered by this Agreement.

ARTICLE 21 ·HEALTH AND WELFARE

21.01 The Employer agrees to provide the COPE Health and Welfare Plans at the applicable single or family coverage with documentation supporting of family members covered under the plan.

New hires into the bargaining unit shall be covered by the above plans upon completion of the probationary period. Health and Welfare plans shall continue while on Union leave of absence, parental leaves of absence, vacation periods, sick leave, while on Workers Compensation, and personal leaves of absence up to thirty (30) days.

ARTICLE 22 - TRAINING AND RETRAINING

22.01 The Employer agrees to provide paid time for training and/or retraining on any new or revised work methods, procedures, systems, office equipment or tools of the job functions. All training and retrfli?ing courses to be determined and paid for by the Employer.

UNIFOR Local 673 Page 9of11

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ARTICLE 23 - HEAL TH AND SAFETY

23.01 The Employer shall make all necessary provisions for a healthy and safe working environment, including, but not limited to proper furniture, lighting, heating, air conditioning, etc.

ARTICLE 24 - TERMINATION

24.01 This Agreement shall remain in effect commencing June 1st, 2015 until May 31, 2018. It is further agreed that the Employer will pay any Cost of Living bonus owed. This Agreement shall be automatically renewed ninety (90) days prior to the termination. Either party shall serve upon the other written notice of its desire to make a change therein.

24.02 Within ten (10) days of notice the parties shall meet to negotiate a new Agreement. ~ .

DATED this J 9 day of O;.u ff , 2016.

SIGNED ON BEHALF OF THE El\llPLOYER:

cope343

UNIFOR Local 673

SIGNED ON BEHALF OF THE UNION

~

Page IOof 11

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LETTER OF UNDERSTANDING

SEVERANCE PACKAGE

An Employee will receive eight (8) weeks pay upon retirement

DATED this /q t., day of ___ _...._Ap_,___.rv..........._/ _____ • 2016.

SIGNED ON BEHALF OF SIGNED ON BEHALF OF THE UNION THE LOYER:

UNIFOR Local 673 Page I I of 11