COLLECTIVE AGREEMENT
BETWEEN
BENJAMIN NEWS INC.
(CORNWALL, ONTARIO)
(hereinafter called "the Company"
or "the Employer")
AND
NORTHERN ONTARIO JOINT COUNCIL
of the
Retail, Wholesale and Department Store Union, District Council
of the
United Food and Commercial Workers International Union
(hereinafter called "the Union")
Duration:
From November 10th, 2006
To November 9th, 2009
2
INDEX
ARTICLE 1 PURPOSE.................................................................................... 4
ARTICLE 2 SCOPE AND RECOGNITION...................................................... 4
ARTICLE 3 NO DISCRIMINATION / HARASSMENT ..................................... 5
ARTICLE 4 MANAGEMENT RIGHTS ............................................................. 6
ARTICLE 5 UNION SECURITY....................................................................... 7
ARTICLE 6 STRIKE AND LOOKOUTS........................................................... 8
ARTICLE 7 REPRESENTATION .................................................................... 8
ARTICLE 8 HEALTH AND SAFETY COMMITTEE ......................................... 9
ARTICLE 9 GRIEVANCE PROCEDURE ...................................................... 10
ARTICLE 10
ARBITRATION ................................................................. 12
ARTICLE 11
SENIORITY ...................................................................... 13
ARTICLE 12
LAY OFF AND RECALL................................................... 14
ARTICLE 13
LOSS OF SENIORITY ..................................................... 15
ARTICLE 14
JOB POSTING ................................................................. 15
ARTICLE 15
LEAVE OF ABSENCE...................................................... 16
ARTICLE 16
TEMPORAY ASSIGMENT ............................................... 17
ARTICLE 17
HOURS OF WORKING AND OVERTIME ....................... 18
ARTICLE 18
REPORTING AND CALL BACK PAY .............................. 19
ARTICLE 19
PAID HOLIDAYS.............................................................. 19
ARTICLE 20
BEREAVEMENT LEAVE.................................................. 20
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I N D E X (cont'd)
ARTICLE 21
JURY DUTY AND WITHNESS PAY ................................ 21
ARTICLE 22
VACATIONS..................................................................... 22
ARTICLE 23
HEALTH AND WELFARE BENEFITS.............................. 23
ARTICLE 24
WAGE .............................................................................. 23
ARTICLE 25
PART-TIME EMPLOYEES............................................... 24
ARTICLE 26
BULLETIN BOARDS ........................................................ 25
ARTICLE 27
UNION REPRESENTATION............................................ 25
ARTICLE 28
INTERPRATATION .......................................................... 26
ARTICLE 29
DUATION ......................................................................... 26
SCHEDULE “A”
WAGES ............................................................................ 28
SCHEDULE “B”
GROUP INSURANCE – CORNWALL DIVISION............. 29
SCHEDULE “C”
ATTENDANCE ................................................................. 31
SCHEDULE “D”
GENERAL ........................................................................ 32
SCHEDULE “E”
RULES AND REGULATIONS .......................................... 33
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Initialled for the Union
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ARTICLE 1 - PURPOSE
1.01
The parties hereto agree that the purpose and intent of this Collective
Agreement is to promote a continued and improved labour management
environment, and to provide a channel through which information may be
transmitted from each of the parties to the other. The parties further agree
with the principal that should differences or misunderstandings occur
during the term of this Agreement, that they will attempt to resolve them
through full and open discussions.
It is therefore desired by both parties that they should continue their efforts
to maintain a harmonious labour management relationship. In this regard,
the parties enter into this Collective Agreement.
ARTICLE 2 – SCOPE AND RECOGNITION
2.01
The Company recognizes the Union as the sole and exclusive bargaining
agent for all employees of Benjamin News Inc., in the City of Cornwall,
saves and except supervisors, persons above the rank of supervisor,
sales, office and clerical staff.
2.02
The Company recognizes the Union as the sole collective bargaining
agent for the said employees with respect to rates of pay, hours of work
and other conditions of employment.
2.03
Employees excluded from the bargaining unit will not perform work
regularly done by bargaining unit employees where to do so if for the
purposes of:
a) Where seniority employees capable of performing the work are at work
in the facility and capable of performing such work.
b) any other reason rather then those exceptions provided for from the
article 2.03.1 up to article 2.03.5;
Subject to the following exceptions:
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2.03.1
To avoid interruptions of work or to protect products or
equipment;
2.03.2
To assist employees in the performance of necessary work
when production difficulties are encountered;
2.03.3
While instructing or training employees;
2.03.4
In the development of new methods of work or the introduction
of technological changes;
2.03.5
When there are no available employees qualified and willing to
do the work necessary.
These exceptions shall not be used to deprive employees of work.
2.04
The Company may hire summer students, provided there are no
bargaining unit seniority employees on lay-off. The said students will not
be members of the Union and any time worked as a student will not be
considered as time worked on probation and they shall not be entitled to
gain seniority.
The Company will deduct an amount equivalent to union dues and remit
the same to the Union in accordance with Article 5.01.
ARTICLE 3 – NO DISCRIMINATION/HARASSMENT
3.01
The Company and the Union agree that they will not discriminate against
any employee because of race, colour, religious beliefs, age, marital
status, sexual orientation or Union membership.
3.02
The parties recognize their respective rights and obligations and agree to
abide by the terms of the Ontario Human Rights Code.
3.03
The parties further agree that every employee has the right to work in an
environment free from discrimination and harassment, including sexual
harassment.
Employees contravening these rights will be subject to
discipline.
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3.04
A complainant may either initiate a grievance as per the grievance
procedure of the Collective Agreement or file a written complaint with the
Director of Human Resources or their designate and a copy shall be sent
to the alleged harasser and to the Union office.
3.05
The parties agree that in the event of a complaint of sexual harassment it
will be investigated thoroughly by both parties in confidence. Employees
reporting any incident of harassment are guaranteed protection from
reprisal due to filing such a complaint, excepting as provided in Section
3.07 of this Article.
3.06
Where sexual harassment is proven it shall be the offender who is
terminated.
The complainant shall only be transferred with the
complainant’s consent.
3.07
Any employee who makes a claim or harassment that is unfounded or
proven to be untrue, shall be subject to discipline up to and including
discharge.
ARTICLE 4– MANAGEMENT RIGHTS
4.01
The Union recognizes that it is the exclusive right of the Employer to
operate and manage its business in all respects and without limiting the
generality of the foregoing it is the right of the Company to:
(a)
Hire, classify, transfer, lay-off, promote or demote employees;
(b)
Suspend, discipline or discharge employees for just cause, subject
to the express right of a seniority employee to file a grievance as
provided for herein;
(c)
Terminate the employment of a probationary employee for reasons
totally within its discretion, not contrary to law;
(d)
Maintain order and efficiency;
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(e)
Determine all methods and processes of work and introduce
technological change;
(f)
Make and alter from time to time reasonable rules and regulations
to be observed by the employees, provided they are not
inconsistent with the terms of this Agreement.
4.02
The Company retains all management rights not specifically modified by
the express terms of this Agreement.
ARTICLE 5 – UNION SECURITY
5.01
The Company shall deduct the local union initiation fees and the weekly
regular union dues and special assessments in the amount and manner
specified by the Union by-laws and constitutions from each pay cheque
due to each employee covered by this Agreement and remit such monies
so deducted to the Union presently located at 230 Regent Street South,
Sudbury, Ontario, P3C 4C5 on or before the fifteenth (15th) day of the
month following the month in which such deductions have been made.
The Company will at the same time submit a list of the employees from
whose pay such deductions have been made and the amounts so
deducted.
5.02
The Union agrees to indemnify and hold harmless the Company against
any and all liability which may arise by reason of the deduction and
remittance of any such amounts.
5.03
It shall be the Company’s responsibility to show on each employee’s
annual T-4 slip the full amount of union dues paid by such employee
during the previous calendar year.
5.04
The Company agrees to forward to the Union Office, on a monthly basis, a
complete alphabetical listing of all active employees, including their home
address, telephone number, starting date and social insurance number,
separated into full-time and part-time employees.
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ARTICLE 6 – STRIKES AND LOCKOUTS
6.01
In view of the orderly procedures established by this Agreement for the
settling of disputes and the handling of grievances, the Union agrees that
during the term of this Agreement, there will be no strike or work
stoppage.
Strike includes a cessation of work, a refusal to work or to continue to
work by employees in combination or in concert or in accordance with a
common understanding, or a slow-down or other concerted activity on the
part of employees designed to restrict or limit output.
The Union shall not counsel employees to engage in such strike actions
contrary to this Agreement.
6.02
The Company agrees that there will be no lock-out of employees, as
defined in the Labour Relations Act, during the term of this Agreement.
ARTICLE 7 – REPRESENTATION
7.01
The Company agrees to recognize up to three (3) Union Stewards, at
least one per shift, as appointed by the Union, one of whom shall be
designated the Chief Steward, for the purpose of handling grievances and
attending meetings with management in the administration of this
Agreement on behalf of the employees covered hereunder. The Union
shall notify the Company in writing of the names of such Stewards at the
time of their appointment and the Company shall not be required to
recognize any steward until it has been so notified.
7.02
The Union recognizes and agrees that Stewards have regular duties to
perform in connection with their employment and that they shall take only
such time as is reasonably necessary during working hours to investigate
and deal with grievances or other matters arising from this Collective
Agreement.
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7.03
Such time shall be without loss of pay, provided the Steward obtains the
prior permission of the supervisor, such permission not to be
unreasonably withheld and providing the time off does not unduly impair
the efficient operation of the business.
7.04
The Company will so compensate the employee only for the time so spent
within the Employer’s premises or any other area designated by the
Employer.
7.05
The Union Bargaining Committee shall be comprised of three (3)
bargaining unit full-time seniority employee representatives along with fulltime staff representatives of the Union. Time spent during negotiations
and including one (1) prep day, shall be paid to the bargaining committee
employees.
7.06
No individual member or group of members shall undertake to represent
the local union at a meeting with Management without proper
authorization by the local union, and the Company shall not recognize any
such individual member or group of members.
7.07
The Company shall only be required to deal with one (1) Steward at a time
on any particular grievance.
ARTICLE 8 – HEALTH & SAFETY COMMITTEE
8.01
The Company and Union agree to establish within ninety (90) days
following the signing of this Collective Agreement a permanent Health and
Safety Committee, and in so doing, the parties agree to maintain
reasonable polices and practices to ensure the safety and health of the
employees and the customers of the Company.
8.02
The Health and Safety Committee shall be comprised of at least one (1)
person selected by the Company and at least one (1) person appointed by
the Union.
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8.03
The Health and Safety Committee shall meet not less than once every
three (3) months and during such meetings shall perform a safety
inspection of the operations.
8.04
The Committee shall record and keep an accurate set of minutes of all
such meetings and shall as its prime objective make recommendations to
the Company for the continued or improved safety practices and
procedures of the facility.
8.05
The Union and the Company shall receive a copy of all such minutes and
recommendations of the Committee.
8.06
The Company shall examine and respond to all appropriate Committee
recommendations as soon as practicable, including necessary repairs that
may be recommended by the Committee.
ARTICLE 9 –GRIEVANCE PROCEDURE
9.01
Should any difference arise between the Company and any of the
employees, or between the Company and the Union, as to the
interpretation, application or alleged violation of any of the provisions of
the Agreement, an earnest effort shall be made to settle such difference
without undue delay in the following manner.
9.02
STEP ONE
The employee concerned and a Union Steward or Union Representative
may within seven (7) calendar days of the alleged occurrence said to have
caused the grievance, take the matter up with the Manager who shall give
his answer verbally within five (5) calendar days. The Manager, a Union
Steward or a Union Representative will confirm in writing, that a Stage
One meeting had taken place, showing on a form to be supplied by the
Union, the date, grievor’s name and indicate that a verbal Stage One
meeting has been held.
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This form will be signed by the Manager. The Steward will sign and date
the form immediately upon receiving the Manager’s decision.
If the
grievance is not satisfactorily settled, then;
9.03
STEP TWO
The Union may then present the grievance in writing to the Management
within seven (7) calendar days after the Step One decision and the parties
will meet to discuss the matter within fourteen (14) calendar days after the
presentation and a written decision will be given by the Company not later
than seven (7) calendar days after such meeting is held. If a satisfactory
settlement of the grievance is not reached then the grievance may be
referred to the arbitration provisions herein.
9.04
A grievance by the Company shall be submitted directly to the Chief
Steward or another Steward in his absence.
Failing resolution of the
Company grievance within fifteen (15) calendar days, it may be referred to
arbitration in accordance with Article 10.
9.05
The time limits in the grievance or arbitration procedures shall be
mandatory and may only be extended with the written consent of the
parties.
9.06
Any difference arising directly between the Company and the Union as to
the interpretation, application or alleged violation of any of the provisions
of this Agreement shall be dealt with by the Manager of the Company or
his replacement and a business representative of the Union and may be
submitted to a Board of Arbitration as provided herein, if not settled within
fifteen (15) calendar days.
9.07
Wage grievances shall be taken up within seven (7) calendar days after
the employee has received his disputed pay.
9.08
If a discharged employee believes that his discharge was without just and
sufficient cause, he may file a grievance which shall be immediately taken
up at Stage Two of the grievance procedure, provided the grievance is
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filed within five (5) calendar days from the date of discharge.
The
Company will give notice in writing of the reasons for discharge and the
Company shall, within such time, fax a copy of such notice to the Union
Office and to the Chief Steward.
9.09
The Company will give a notice in writing to the employee and a Steward
for any disciplinary action, including a disciplinary demotion, within five (5)
calendar days of the action.
9.10
If the Company meets with an employee for the purpose of administering
disciplinary action, a Union Steward will be present.
9.11
The Company shall take disciplinary action against an employee within
twenty-one (21) calendar days of the date of the incident or within twentyone (21) calendar days of the date on which Management became aware
of the incident.
ARTICLE 10 - ARBITRATION
10.01 No matter shall be submitted to arbitration which has not been properly
carried through all of the required steps of the grievance procedure. Only
grievances which arise through the interpretation or alleged violation of the
provisions of this Agreement shall form the subject of arbitration.
10.02 (a)
If the decision from Step Two of the grievance procedure is not
satisfactory, then the grievance may be submitted to arbitration,
provided a written notice of intention to arbitrate is delivered to the
Company within fifteen (15) calendar days following receipt of the
Step Two reply.
(b)
Thereafter the parties will have thirty (30) calendar days to agree
upon the selection of an impartial arbitrator.
Failing such
agreement, either party may within ten (10) calendar days
thereafter request the Minister of Labour to designate an arbitrator.
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10.03 The arbitrator shall hear and determine the grievance and shall issue a
decision and the decision shall be final and binding upon the Employer,
the Union and any employee(s) affected by the decision.
10.04 The arbitrator shall not have jurisdiction to alter, add to, subtract from,
modify, amend or change any provision of this Agreement or to substitute
any new provision for any existing provisions or to make any decision
inconsistent with the terms and provisions of the Agreement or to deal
with any matter not covered by this Agreement.
10.05 The arbitrator may, in a case involving discipline or discharge, substitute
such penalty as the arbitrator considers to be just and reasonable in all the
circumstances.
10.06 The fees and expenses of the arbitrator shall be shared equally by the
parties.
10.07 The time limits herein shall be mandatory unless otherwise agreed to by
the parties.
ARTICLE 11 –SENIORITY
11.01 An employee shall be on probation during the first continuous sixty (60)
scheduled days of work within twelve (12) months during which period he
may be dismissed by the Company without recourse and notwithstanding
any other provisions contained in this Agreement, an employee on
probation shall not have the right to file a grievance concerning the
dismissal.
Upon completion of his probationary period the employee’s name will be
added to the seniority list with seniority dating back to the first day of work.
11.02 Seniority means the relative ranking of employees by their respective
length of continuous seniority in the bargaining unit.
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11.03 Seniority lists shall be posted and revised if necessary every six (6)
months and a copy will be forwarded to the Union.
11.04 Employees promoted or transferred to a non-bargaining unit position will
retain their seniority for sixty (60) calendar days and may elect to return to
the bargaining unit within that time period.
11.05 For employees who have started on the same day, a drawing lot with the
union delegate and the concerned employees present shall determine
their seniority.
ARTICLE 12 – LAY-OFF AND RECALL
12.01 When there is a reduction in the workforce, the following procedure will be
used:
(a)
Summer students then probationary employees shall be laid-off
first;
(b)
Thereafter employees shall be laid-off in reverse order of seniority,
provided always that those remaining have the skill, ability and
qualifications to perform the available work.
12.02 Full-time seniority employees may displace junior employees in another
classification provided they have the skill, ability and qualifications to
perform the available work. A five (5) working day familiarization period
will be provided and if the employee cannot satisfactorily perform the work
thereafter, they shall be subject to a lay-off without the opportunity of
displacing another employee in another classification.
12.03 In the event of the necessity of the lay-off of seniority employees the
Company agrees to meet with the Union to discuss an alternative work
week.
12.04 All lay-off notices shall be in accordance with the Employment Standards
Act.
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12.05 When recalling employees from a lay-off, such shall be in reverse of the
condition provided in article 12.01 (a) and (b) and also in accordance with
the criteria as outlined in article 12 of this collective agreement.
ARTICLE 13 – LOSS OF SENIORITY
13.01 The seniority rights of an employee shall cease and the employment shall
be deemed terminated for any of the following reasons:
(a)
If the employee quits/retires;
(b)
If the employee is discharged and the discharge is not reversed
through the grievance procedure;
(c)
If the employee fails to return to work in accordance with the recall
procedure;
(d)
If the employee fails to report for work upon the expiration of any
leave of absence, unless a bona fide reason satisfactory to the
Company is given at the first practical opportunity;
(e)
If an employee is absent for three (3) consecutive shifts without
notifying the Company, unless a bona fide reason satisfactory to
the Company is given at the first practical opportunity;
(f)
If the employee falsifies the reason for a leave of absence;
(g)
If the employee is laid-off and performs no work for the Company
for twelve (12) months. If the employee has greater than twelve
(12) months seniority, then the period of lay-off must be equal to his
seniority to a maximum of twenty-four (24) months.
ARTICLE 14 – JOB POSTING
14.01 In the event of a vacancy (other than a temporary one) or a new position is
created within the bargaining unit, notice of such shall be posted on the
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bulletin board for five (5) working days, during which time period seniority
employees may apply for the position.
14.02 A Union Steward may apply for such position in the absence of an
employee provided the absent employee will be available when
necessary.
14.03 Where the skill and ability of qualified applicants are relatively equal, the
senior applicant shall be awarded the position.
14.04 A familiarization period of up to five (5) working days will be provided.
14.05 Successful applicants may not apply for another position for six (6) months
other than a position on another shift. This provision may be waved by
agreement between the parties.
14.06 Temporary vacancies expected not to exceed thirty (30) calendar days
need not be posted but will be filled by the Company offering in order of
seniority to those employees on the same shift.
14.07 The Company need not fill a vacancy unless the volume of work so
dictates.
ARTICLE 15 – LEAVE OF ABSENCE
15.01 All leaves of absence provided for in this Agreement shall be without pay
or benefits, unless otherwise covered by this Agreement, or unless benefit
continuation is required by law.
15.02 a)
The Company upon request of the Union will grant a leave of
absence to one (1) full-time seniority employee of up to five (5) days each
year to attend to Union business, provided a written request is made two
(2)
weeks
in
advance.
b) Full-time seniority employees who are Union Stewards shall receive,
once per contract, two (2) days off, without pay, to attend Steward training,
with a notice of two (2) weeks to the employer.
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15.03 The Company shall grant leave of absence to one (1) employee who may
be selected by the Union to fill an office or act in any capacity for the
Union. If the employee returns within thirty-six (36) months, they may
occupy their former position and if it does not exist, any position in
accordance with their seniority standing and qualifications. Any person
appointed full-time to replace such person on a Union Leave of Absence
will be reverted back to their former position with full seniority upon return
of the person on the Union Leave of Absence.
15.04 The Company will in its sole discretion consider granting other leaves of
absence for legitimate personal reasons not to exceed thirty (30) calendar
days.
15.05 Leaves of absence will not be granted if to do so would adversely affect
the efficiency of the Company’s operation.
15.06 Pregnancy and Parental Leave will be granted in accordance with the
Employment Standards Act.
15.07 Leaves of absence for more than one (1) day will be acknowledged in
writing, signed by the Employee and the supervisor, with a return to work
day specified thereon.
ARTICLE 16– TEMPORARY ASSIGNMENT
16.01 Employees may be assigned to any temporary work which management
directs, provided they do not receive less than their regular rate of pay.
However, for temporary work longer than one (1) shift, the Company will
offer by seniority the work and if unable to find a volunteer will then assign
the work to the junior employee able to do the work. For work of more
than one (1) shift, the employee will receive the higher of their rate or the
classification rate.
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ARTICLE 17– HOURS OF WORK AND OVERTIME
17.01 The arrangement of the work schedule is to be directed by the Company
in accordance with the efficient operation of its business. Schedules may
be altered as necessary, provided employees are given at least five (5)
working days notice.
17.02 The normal work week shall be up to five (5) continuous days in the six (6)
day period, including Saturdays, with a maximum work day of ten (10)
hours, with start and finish time to be determined by the Company.
17.03 a) All hours worked in excess of forty-two (42) in a work week will be
compensated at time and one-half (1½) the employee’s regular rate of pay.
b)
Effective on November 10th, 2007, All hours worked in excess of forty
(40) in a work week will be compensated at time and one-half (1½) the
employee’s regular rate of pay.
17.04 In the event the Company establishes a two (2) or three (3) shift operation,
it will provide the Union with two (2) weeks notice.
17.05 Employees preferring to work steady afternoons or night shifts will be
given preference to such shifts in accordance with their seniority.
17.06 Employees working at least five (5) hours will be given a thirty (30) minute
unpaid lunch period as close to the middle of the shift as practical (between
the fourth and sixth hours of the shift) and one (1) paid fifteen (15) minute
break each one-half (1/2) shift.
17.07 (a)
The Company will post a notice once it is aware of any overtime
opportunities for sign-up by employees. The overtime will be firstly
assigned by seniority among those employees who signed up in the
classification in which the overtime is to be performed. Thereafter
to any bargaining unit employee who signed up, by seniority,
providing that they are qualified.
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(b)
In the event there is an insufficient number of volunteers, the
Company may assign employees up to eight (8) hours overtime per
week in reverse order of seniority, providing that they are qualified.
17.08 In the event of a three (3) shift operation, the shifts shall be day, evening
and night.
If the Employer cannot fully staff the shifts by volunteers,
employees will be assigned the shifts in reverse order of seniority.
17.09 Nothing in this Agreement shall be considered as a guarantee of any
minimum number of hours or days to be worked.
ARTICLE 18 –REPORTING AND CALL BACK PAY
18.01 In the event that an employee reports for work without having been
previously notified not to so report, the employee will be given at least four
(4) hours work or, if no work is available, four (4) hours pay at the regular
rate of pay, except in cases of labour disputes or other conditions beyond
control of the Company.
18.02 The employees who have left the Company premises after the completion
of their shift and who are then called back to work overtime shall receive a
minimum of four (4) hours pay at their regular rate of pay.
ARTICLE 19 – PAID HOLIDAYS
19.01 The following shall be recognized as the paid holidays:
New Year’s Day
Good Friday
Victoria Day
Canada Day
August Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Days
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19.02 To qualify for a paid holiday employees must work their last scheduled
working day preceding the holiday and their first scheduled working day
after the holiday in accordance with the Employment Standards Act,
unless they have secured permission from their supervisor to be absent
on one (1) of those days.
Employees who are off on Workers’
Compensation shall receive holiday pay if they have worked within seven
(7) days of the holiday.
19.03 All hours worked on a holiday shall be paid at the rate of one and one-half
(1 ½) times the employee’s regular rate of pay plus holiday pay.
19.04 The Employment Standards Act will otherwise be followed if it provides
other or greater benefits or rights to the employees.
19.05 If the holiday falls during an employee’s vacation and the employee
otherwise qualifies for holiday pay he will be paid for the holiday or be
granted an extra day off to be mutually agreed upon within sixty (60) days.
19.06 The Canada Day holiday may be rescheduled to another day in the same
or following week, by mutual agreement.
ARTICLE 20 – BEREAVEMENT LEAVE
20.01 Full-time seniority employees will be allowed to take three (3) days off in
the event of the death of their spouse (including their common law
spouse), child (including stepchild), father, mother, stepfather, stepmother,
brother or sister. The full-time seniority employee will receive pay for each
of their scheduled days of work for the two (2) days preceding and the day
of the funeral for a maximum of three (3) days.
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20.02 Full-time seniority employees will be allowed to take off the day of the
funeral with pay if they were scheduled to work in the event of the death of
their mother or father-in-law, brother or sister-in-law, grandparent or
grandchild provided they attend the funeral.
20.03 Probationary employees shall be granted the same time off as above but
without pay.
ARTICLE 21 – JURY DUTY AND WITNESS PAY
21.01 Where a full-time seniority employee is called to and reports for jury duty
or is subpoenaed and reports as a Crown witness the employer shall pay
the difference between the jury duty/witness pay and the employee’s
regular wages for the days of such attendance to a maximum of five (5)
days.
21.02 Employees will not be required to report back to work if they cannot
complete at least one-half (1/2) of their scheduled shift due to their
attendance as set out above.
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ARTICLE 22 – VACATIONS
22.01 a) Employees with less than one (1) year service on May 31st in each
year shall receive vacation pay of four percent (4%) of their earnings,
payable
on
the
Thursday
before
June
15th,
of
each
year.
b) Employees with less than one (1) year service on May 31 shall be
entitled to a vacation of one (1) day, without pay, for each month of
service, up to a maximum of two (2) weeks.
22.02 Employees with more than one year of service on May 31st in each year
shall receive two (2) weeks vacation with pay calculated at four percent
(4%) of their earnings for the preceding year.
22.03 Employees with more than five (5) years of service on May 31st in each
year shall receive three (3) weeks vacation with pay calculated at six
percent (6%) of their earnings for the preceding year.
22.04 Vacations are to be taken in the twelve (12) months following the year in
which they are earned and shall not be accumulated.
22.05 Vacation pay will be paid on a separate cheque prior to the employee
going on vacation.
22.06 Employees must submit in writing their requests for vacation not later than
March 31st of each year. The employer will post the vacation schedule no
later than April 30th, including a copy of the bulletin board. Only mutually
agreed upon changes may be made after April 30th.
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22.07 Employees will be given preference of vacation by seniority subject to the
Company being able to maintain efficient operations. No more than three
(3) employees per department will be granted any particular week.
22.08 Full-time seniority employees may take up to two (2) consecutive weeks of
vacation if eligible.
ARTICLE 23 – HEALTH AND WELFARE BENEFITS
23.01 The Company and the full-time seniority employees will pay equally the
premiums for the benefits as set out in Schedule B to this Agreement.
23.02 Benefit coverage for full-time seniority employees will start the first of the
month after obtaining nine (9) months of seniority.
23.03 Participation of full-time seniority employees as set out herein in the
benefit plan is mandatory.
23.04 Neither the Company nor the Union shall be considered as the insurer or
the provider of the benefits.
23.05 Employees will not be entitled to any duplication of benefits because of
their status as a spouse or a dependent.
ARTICLE 24 – WAGES
24.01 The wages which shall be effective during the term of this Agreement are
set out in Schedule “A” attached hereto and form part of this Agreement.
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ARTICLE 25 - PART-TIME EMPLOYEES
25.01 The rights and obligations of the Employer and the part-time employees
shall be governed by the Employment Standards Act where otherwise not
specifically provided for in this Agreement.
25.02 Part-time employees will not be regularly scheduled to work more than
twenty-four (24) hours per week. Exceptions may be made to the number
of hours so worked in the event of the unavailability or temporary absence
of full-time employees.
25.03 A separate seniority list will be maintained for part-time employees. They
will be on probation for the first three hundred and twenty (320) hours
worked, during which time they may be dismissed without recourse to the
grievance and arbitration provisions of this Agreement.
25.04 Seniority for part-time employees will accumulate on the basis of hours
worked, calculated as of the end of the last pay period in each calendar
month.
25.05 For the purposes of full time seniority, a part-timer, who successfully
obtains a full-time position, will have their total accumulated part-time
hours divided by forty (40) to determine the total numbers of weeks
granted as full time seniority. Their new full time seniority date will reflect
such number in weeks. The number of weeks of seniority granted under
this provision will not exceed fifty two (52) weeks. Part-timers converting
to full time status under these conditions are not eligible for any job
openings until the job posting procedure has been exhausted throughout
the facility.
25.06 Hours of work for part-time employees will be determined by the Employer
and may be varied as necessary. A preliminary schedule will be posted
by 2:00 p.m. on Thursday of each week for the following week.
The
Employer will notify the affected employees of any changes to the
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schedule, if possible, two (2) working days before the change. Any shift
will be scheduled for a minimum of four (4) hours.
25.07 Seniority part-time employees may post for full-time positions in
accordance with Article 14, but will only be considered if no full-time
employees apply.
25.08 Probationary employees who obtain a full-time position will remain on
probation until they have completed three hundred and twenty (320) hours
of work and then they will be placed on the bottom of the full-time seniority
list and then will receive the regular wage rate.
ARTICLE 26 – BULLETIN BOARDS
26.01 The Company will provide glass enclosed locking notice boards for the
Union’s exclusive use, where the Union will have the right to post notices
of meetings or such other official Union notices as may be required,
provided such notices have the prior approval of the Manager for posting.
All notices shall be signed on behalf of the Union by one of the following
persons:
The President, Joint Council Representative, or a Representative of the
International Union.
ARTICLE 27 - UNION REPRESENTATION
27.01 The Company agrees that a full-time Representative of the Union, after
contacting the Manager, may enter the premises during hours of
employment to interview employees and deal with the administration of
this Collective Agreement. It is agreed that such visits will be timed to
cause as little disruption as possible to the normal conduct of the
Company’s business.
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Initialled for the Union
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ARTICLE 28 - INTERPRETATION
28.01 In this Agreement, unless otherwise indicated by the context, the plural
shall include singular and the masculine the feminine and vice versa.
ARTICLE 29 – DURATION
29.01 This Agreement shall become effective as of November 10th, 2006 and
shall continue in effect up to and including November 09th, 2009, at which
time it shall be automatically renewed for one (1) year unless either party
gives notice to the other, not more than ninety (90) days prior to the expiry
date, of its desire to enter into negotiations for the revisions or renewal of
all or any part of this Agreement, and both parties shall thereupon enter
into negotiations in good faith and make every reasonable effort to secure
a renewal.
In the event that negotiations for the renewal of this Agreement continue
past the expiry date, the provisions of this Agreement shall continue in full
force and effect until such renewal is affected or until the conciliation
procedures under the Ontario Labour Relations Act have been
exhausted.
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SCHEDULE A – WAGES
Rate
Probationary rate
Receiver
$9.50
General Worker
$8.50
Lead Hand
$8.50
plus $0.75 per hour for all hours worked as Lead Hand
$9.00
$8.00
$8.00
Shift Premium $.50 for afternoon shift
All full-time seniority employees in the employ of the Company on
November 10th, 2006 shall get:
a) an increase of $0.40 per hour, as of November 10th, 2006.
b) an increase of $0.30 per hour, as of November 10th, 2007.
c) an increase of $0.15 per hour, as of November 10th, 2008.
d) an increase of $0.10 per hour, as of May 10th, 2009.
All employees obtaining their full-time seniority after November 10th, 2006, and at
the employ of the Company shall get:
a) an increase of $0.20 per hour, as of November 10th, 2007.
b) an increase of $0.20 per hour, as of November 10th, 2008.
All part-time employees in the employ of the Company who have completed their
probation period, shall get as of:
a) November 10th, 2007, an increase of $0.20 per hour.
b) November 10th, 2008 an increase of $0.20 per hour.
The retroactivity shall be paid to each such seniority employee on all hours
worked or paid starting November 10th, 2006, by separate cheque within three (3)
weeks of the execution of the present agreement., less statutory deductions, to
all seniority employees in its employ as of the date of the signing of this
Agreement.
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SCHEDULE B – GROUP INSURANCE
CORNWALL DIVISION
Benefits
Great-West
Hospitalization
Deductible
Coinsurance
Hospital Room
None
100%
Semi Private
Drugs
Deductible
$50 single
$100 family
100%
80%if non-generic
restrictive
No
Coinsurance
Coinsurance
Drugs definition
Pay direct card
Out of Country Emergency Coverage
Deductible
None
Coinsurance
100%
Maximum
Unlimited
Hospital Room
Yes
Health Care
Deductible
Coinsurance
Nurse
Convalescent Hospital
Orthopedic Shoes
Hearing Aid
Chiropractor
Psychologist
Speech Therapist
Osteopath
Naturopath
Podiatrist
Physiotherapist
Masseur
Ambulance
Smoking Cessation Aids
Age Restriction
None
80%
$25,000
Yes
$200/person/year
Unlimited
$300/year
$300/year
$300/year
$300/year
$300/year
$300/year
$300/year
$300/year
Yes
Max 360$ lifetime
No
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Benefits
Great-West
Vision Care
Deductible
Coinsurance
Maximum
Coverage
None
100%
$200 per 24 months
Eye glasses and/or
contact lenses
Dental Care
Deductible
Coinsurance
Maximum
$50 single
$100 family
Basic 100%
1500 annual max.
Coinsurance
Maximum
Full Major 50%
2000 annual max.
Recall Examination
Every six (6) months
Life Insurance and
Accidental Death & Dismemberment
Schedule
$20,000
Termination
At age 75
Dependent Life
Spouse
Child
$10,000
$5,000
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SCHEDULE “C”
RE: ATTENDANCE
WHEREAS both the Union and the Employer agree that regular
attendance and punctuality is essential to the operations of the business
and are necessary conditions of continued employment;
NOW THEREFORE it is agreed that the following criteria will be applied
when dealing with the problem of persistent absenteeism:
(a) Employees who are absent must notify the Employer prior to the
commencement of their shift. On request, the employee must provide
an accredited medical certificate to substantiate the reason for the
absence if such absence is for two (2) or more shifts.
(b) Employees will not leave their work station without permission.
(c) Employees will report to their work station properly attired with all
required safety equipment and ready to work at the start of their shift.
(d) Employees who are absent for three (3) or more shifts in a three (3)
month period must provide a medical certificate justifying each
absence for the following three (3) months.
Each violation of the paragraphs set out above will result in discipline in
accordance with attendance policy. If an employee has a total of six (6)
violations of the paragraphs set out above in any twelve (12) month
period, the employee may be terminated (on the sixth (6th) violation). That
termination will be deemed to be for just cause.
Attendance Bonus:
For Attendance Bonus purpose, the reference period will be a period a three (3)
months, starting on the first (1st) of the month following the signing of the present
Collective Agreement and then every three (3) months thereafter.
All full-time seniority employees in the employ of the Company on November 1st,
2006 shall get 50$, less statutory deductions, on a separate cheque, twenty (20)
days after the reference period provided that the full-time seniority employees are
physically present at work during the reference period.
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SCHEDULE “D”
GENERAL
1.
Employees will be granted access to their personnel files provided the
employee gives at least five (5) working days advance notice to the
Montreal Human Resources Department.
The employee may be
accompanied by a Union Steward or must be accompanied by a member
of the Human Resources Department. The meeting will take place after
the employee’s work hours, unless permission has been granted.
2.
The Employer shall pay the cost of printing the Collective Agreement.
3.
The Employer will provide each seniority employee with a copy of the
Collective Agreement and ten (10) copies to the Union.
4
Protective Clothes, Uniforms, etc.
When the Employer provides uniforms or protective clothes, the
employees must wear them at all times in conformity with the
requirements and when required, must maintain them in good order. The
employee who contravenes to this regulation will be subject to a sanction
which may go from a reprimand to dismissal, according to the
seriousness of the offence.
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SCHEDULE “E”
RULES AND REGULATIONS
For any disciplinary action, the burden of proof shall rest on the Employer.
OFFENCES – GROUP “A”
1.
Theft of Employer’s property or co-workers’ property or aiding and abetting
a theft;
2.
Perpetrating a fraud against the Employer or against a client of the
Employer;
3.
Intentionally falsifying any information required by the Employer;
4.
Deliberately destroying, damaging or abusing the Employer’s property or
other employees’ property;
5.
Being under the influence of or in possession of illegal drugs or narcotics,
except for authorized medical purposes;
6.
Consuming or being under the influence of alcoholic beverages between
the beginning and end of his work shift (for drivers this also applies to their
rest and meal periods);
7.
Inciting in any manner whatsoever an illegal work stoppage or production
slow-down, defined by law;
8.
Failing to remit to the authorized representative of the Employer the exact
amount of collections, as required;
9.
Deliberately falsifying a punch card or a trip report;
10.
Using a cellular phone during working hours, at the exception of the break
and lunch period;
1ST OFFENCE:
IMMEDIATE DISMISSAL
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OFFENCES – GROUP “B”
1.
Fighting on the Employer’s property with anyone whomsoever;
2.
Compromising the safety and/or health of another person at work;
3.
Participating in an illegal strike or in an illegal work slow-down as defined
by law;
4.
Unjustified or unauthorized absence, subject to the terms of this
Agreement;
5.
Using, without written authorization, a motor vehicle belonging to the
Employer outside normal job functions;
6.
Failure to follow the designated and prescribed route; (if driver is
employed);
7.
Deliberately punching another employee’s card or having another
employee punching his card;
8.
Refusing to execute a job as requested;
9.
Willful disobedience/insubordination
1ST OFFENCE:
SUBJECT TO DISMISSAL
OFFENCES – GROUP “C”
1.
Indecent or immoral conduct on the Employer’s property;
2.
Failure to wear the necessary safety equipment and apparatus or failing to
follow the safety rules;
3.
Smoking in prohibited areas;
4.
Having another employee replace him without authorization (substitution
of person) when the employee who is replaced is scheduled to work;
5.
Leaving his work post without authorization;
6.
Failure to report as quickly as possible any injury or accident to his
immediate Supervisor;
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7.
Entering the Employer’s premises outside working hours without
justification or bringing an outsider to the Employer’s premises without
permission;
8.
Neglecting to advise his Supervisor of any defect in equipment,
machinery, tools, etc., of which he has knowledge or to hide an error of
which he has knowledge, which may constitute a danger of loss, damage
or minor accident;
9.
Violation of the regulations concerning the bulletin boards;
10.
Error in the quality and/or quantity of production;
11.
Threatening or intimidating his colleagues for any reason whatsoever on
the Employer’s premises:
1ST OFFENCE:
2ND OFFENCE
3RD OFFENCE
WRITTEN WARNING
SUBJECT OT A THREE DAY SUSPENSION
SUBJECT TO DISMISSAL
OFFENCES – GROUP “D”
1.
Posting without authorization, altering or removing without authorization
the notices on any bulletin board of the Employer;
2.
Forgetting or neglecting to correctly punch his punch card or to write on
same (unless outside the employee’s control);
3.
Stopping working without authorization before the prescribed time;
4.
Taking extended rest or meal periods;
5.
Serious failure to observe the hygiene and cleanliness practices;
6.
Failure to advise his immediate Supervisor or an authorized person of his
absence before the beginning of his work shift;
7.
Being late or leaving early;
8.
Too frequent visits and/or too much time spent in the bathroom;
1ST OFFENCE:
2ND OFFENCE
3RD OFFENCE
4TH OFFENCE
WRITTEN WARNING
SUBJECT OT A TWO DAY SUSPENSION
SUBJECT TO A FIVE DAY SUSPENSION
SUBJECT TO DISMISSAL
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