COLLECTIVE AGREEMENT
BETWEEN:
CREDIT VALLEY ORAL SURGER Y
(the "Employe r")
-and-
UNITED FOOD AND COMMERCIAL WORKER S
CANADA , . LOCAL 175
(the "Union")
Term: Decembe r 10, 2014 to May 31, 2017
TABLE OF CONTENTS
PAGE
ARTICLE
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16 ·
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19
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Purpose .............................................................................................................. 3
Recognition ........................................................................................................ 3
Union Security .................................................................................................... 4
Union Stewards and Committees ....................................................................... 5
Management Functions ...................................................................................... 7
Employee and Union Co-operation .................................................................... 7
Strikes and Lockouts .......................................................................................... 8
Grievance Procedure ......................................................................................... 8
Arbitration ........................................................................................................... 10
Labour Management Committee ........................................................................ 11
Health and Safety .............................................................................................. 11
Leave of Absence .............................................................................................. 12
Seniority ..............................................................................................................13
Vacancies, Job Posting, Promotions and Transfers ........................................... 15
Layoff and Recall ............................................................................................... 16
Wages and Classifications ................................................................................. 17
Hours of Work and Overtime .............................................................................. 18
Vacations ....................................................................................................·....... 19
Paid Holidays ....................................... ;·.............................................................. 20
Health and Welfare ............................................................................................ 21
General .............................................................................................................. 22
Duration ............................................................................................................. 23
Schedule "A"- Wage Classification ................................................................... 24
Letter of Understanding re: Existing Practices Prior to Certification .................. 25
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PURPOSE
WHEREAS it is the desire of both parties to this Collective Agreement:
(a)
to maintain and improve the harmonious relations and settle conditions of
employment between the Employer and Union;
(b)
recognize the mutual value of joint discussions and negotiations in all matters
pertaining to working conditions, employment, services, etc.;
(c)
to encourage efficiency in operation;
the parties hereto agree to the Collective Agreement as follows:
ARTICLE 1 - RECOGNITION
1.01
The Employer recognizes the United Food and Commercial Workers Canada,
Local 175, as the bargaining agent of all employees of Listrom Hodgson Kienle
Ho Barakat Leung Dentistry Professional Corporation operating as Credit Valley
Oral Surgery in the City of Mississauga, City of Milton, City of Oakville and the
City of Burlington, save and except supervisors, persons above the rank of
supervisor, Clinical Coordinator, Administrative Coordinator, General Manager,
Controller/Finance.
1.02
The term "employee" as used in this Collective Agreement shall mean only those
employees who are included in the bargaining unit, as described in Article 1.01
above. For the purposes of interpretation, whenever the feminine gender is used
in the Collective Agreement, it shall be deemed to include the masculine, and the
singular shall include the plural and vice-versa, wherever the context so requires.
1.03
The Employer shall not bargain directly with employees contrary to section 73 of
the Labour Relations Act, 1995.
1.04
The employees of the Employer not covered by this Collective Agreement shall
not perform work normally performed by bargaining unit employees if such work
results in the layoff of a bargaining unit employee.
1.05
The Employer will not contract out bargaining unit work if such contracting out
results in the layoff or reduction in hours of a bargaining unit employee. The
Parties agree that changes due to a technological change is not a "layoff" as
contemplated by this Article.
1.06
Full-time employees are those regularly scheduled in excess of thirty (30) hours
per week as set out in Article 16 (Hours of Work).
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1.07
Part-time employees are those regularly scheduled less than thirty (30) hours per
week.
1.08
Temporary/fixed term employees are those employed on a fixed term basis up to
one (1) years. The Parties agree that the provisions of the collective agreement
apply with the exception of Articles 12, 13, 14, 17, 19 where the Parties agree
that temporary/fixed term contract employees will receive their entitlements
pursuant to the Employment Standards Act, 2000 or its replacement legislation.
It is agreed that a temporary employee may be released by providing two (2)
weeks' notice. Any such arrangement can be extended by mutual agreement.
ARTICLE 2-... UNION SECURITY
2.01
All employees of the Employer shall be Members of the Union.
2.02
(a)
(b)
(i)
The Employer shall, during the term of this Collective Agreement,
as a condition of employment, deduct from members of the
bargaining unit, the regular weekly Union Dues and such Dues
shall be remitted to the Union prior to the fifteenth (15th) day of the
month following the month in which such deduction is made.
(ii)
The Employer shall deduct membership initiation fees as may be
established by the Union and forward application forms and such
fees to the Union with the regular monthly dues remittance.
The remittance statement shall be documented by location containing a
dues and initiation report which will be provided in the form of e-mail
([email protected]) as well as a hard copy of the dues report being
attached to the remittance cheque. The information provided shall be on a
standard spreadsheet in Excel, Quattro Pro, Lotus or other software
p(ogram acceptable and adaptable to the Union. The spreadsheet will be
in a format provided by the Union and the Company will provide the
following current Information, as known by the Company:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
S.I.N.
Employee number if applicable
Full Name (Last/First/Initials)
Full address, including City and Postal Code
Telephone number (including area code)
Date of hire
Rate of pay
Classification
Full-time and part-time designation
Union dues deducted (or the reason a deduction was not made). If
the dues are deducted weekly, report requires five (5) columns for
reporting.
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11.
12.
13.
14.
15.
(c)
Total dues deducted
Back dues owing
Vacation pay breakdown of dues owing
Initiation fees deducted
Total initiation fees deducted
The Employer agrees to record the annual Union dues for each employee
on his/her T4 form.
2.03
The Union shall provide the Employer with thirty (30) days written notice of any
increase or decrease in the amount of dues to be deducted from the bargaining
unit employees.
2.04
The Union shall indemnify and save harmless the Employer, its agents and/or
employees acting on behalf of the Employer, from any and all claims, demands,
actions or causes of action arising out of, or in any way connected with the
collection and remittance of such dues.
2.05
The Employer agrees to identify that a position is unionized and governed by this
Collective Agreement in any offer letter for a bargaining unit position ..
ARTICLE 3- UNION STEWARDS AND COMMITTEES
3.01
No individual employee or group of employees shall undertake to represent the
Union at meetings with the Employer without proper authorization of the Union.
In order that this may be carried out, the Union will supply the Employer with the
names of its Representatives. Similarly, the Employer will supply the Union with
a list of its supervisory or other personnel with whom the Union may be required
to transact business.
3.02
The bargaining unit employees have the right, at any time, to have the assistance
of a Representative of the United Food and Commercial Workers Union or its
International affiliates when dealing with the Employer regarding complaints or
grievances.
3.03
Any employee who so desires it, shall have the right to review his/her personnel
record in the presence of the Union ·Steward and a member of Management,
upon making a request for same in advance. Such review is to take place at
such time and place within the unit as may be designated by Management.
3.04
(a)
The Union shall have the right to appoint or otherwise select three (3)
stewards from amongst employees within the bargaining unit who have
completed the probationary period.
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(b)
The Union shall notify the Employer in writing of the names of each
steward and, where applicable, each Committee member, before
Management shall be required to recognize any person so selected.
(c)
The Union acknowledges that the Stewards have regular duties to perform
on behalf of the Employer and may not leave their regular duties without
notifying their· immediate supervisor. Each steward shall, with the consent
of their supervisor, be permitted to leave their regular duties for a
reasonable length of time without loss of pay, to function as a steward as
provided in this Collective Agreement. Such consent from the supervisor
shall not be unreasonably withheld.
3.05
On commencing employment, the employee's immediate supervisor shall
introduce the new employee to the Union steward who will provide the new
employee with a copy of the Collective Agreement.
3.06
Union Representatives
Subject to the following conditions, a Union Representative of the United Food
and Commercial Workers Union or its International affiliates will be entitled to
attend the worksite upon providing the Employer with twenty-four (24) hours'
notice to the general manager or designate. The Parties agree that any such
visit will not disrupt the operations and the Union will make best efforts to meet
with employees at lunch or on break.
3.07
(a)
The Employer agrees that whenever an employee is subject to any action
that is intended to be part of an employee's record regarding his/her_ work
or conduct,_ a steward will be present as a witness. The employee may
request that the steward leave the meeting.
(b)
In the event a steward is not available, this condition will be brought to the
The action that becomes part of the
attention of the employee.
until the steward is available.
postponed
be
then
will
record
employee's
A meeting to confirm the Employer's reason for such discipline will be -held with
the steward in attendance. For the sole purpose of filing a grievance, the date of
occurrence will be the date of such meeting.
3.08
A Negotiating Committee consisting of a Union Representative of the United
Food and Commercial Workers Union or its International affiliates and not more
than three (3) bargaining unit employees appointed or elected by the Union.
Employees appointed by the Union to the Negotiating Committee, who are
required to be in attendance at negotiating sessions, shall be paid their hourly
rate for the normal hours of work for each day spent at negotiations, up ts> and
including conciliation and mediation. The Union will reimburse the Employer fifty
6
percent (50%) of the cost of the committee wages upon receipt of an invoice
outlining the costs.
ARTICLE 4- MANAGEMENT FUNCTIONS
4.01
The Union recognizes and acknowledges that the management of the Company
and direction of the working forces are fixed exclusively in the Company and
without restricting the generality of the foregoing, the Union acknowledges that it
is the exclusive function of the Company to:
(a)
maintain order, discipline and efficiency;
(b)
hire, assign, direct, promote, demote, classify, transfer, layoff, recall and,
for just cause, to suspend, discharge or otherwise discipline employees
subject to the right of the employees to grieve to the extent and manner
provided herein if the provisions of this Agreement are violated in the
exercise of these rights;
(c)
determine the nature and kind of business conducted by the Company,
the methods and techniques of work, the schedules of work, number of
personnel to be employed, to make studies of and to institute changes in
jobs and job assignments, the extension, limitation, curtailment or
cessation of operations and to determine all other functions .and
prerogatives here before invested in and exercised by the Company;
(d)
make and enforce and alter from time to time reasonable rules and
regulations to be observed by the employees;
(e)
have the sole and exclusive jurisdiction over all operations, buildings,
facilities and equipment.
The Company shall not exercise these functions in a manner inconsistent with
the provisions of the collective agreement.·
ARTICLE 5- EMPLOYEE AND UNION CO-OPERATION
5.01
No Discrimination
The Employer and the Union agree that there shall be no discrimination,
intimidation, interference, restriction, or coercion E;lXercised or practiced by either
Party to the Agreement with respect to any employee in the matter of hiring, work
assignments, wage rates, training, upgrading, promotion, transfer, layoff, recall,
discipline, or discharge on the basis of national or ethnic origin, membership or
activity in the Union, political or religi()us affiliation, race, creed, colour, age,
handicap, sexual orientation, marital or family status. The Employer also agrees
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to abide by applicable legislation governing any employee in the Province of
Ontario.
5.02
Harassment
The Employer agrees that locations covered by this Collective Agreement should
be free of harassment as defined by the Occupational Health and Safety Act.
Grievances under this clause will be handled with all possible confidentiality and
will commence at Step 2. In settling the grievance, every effort will be made to
deal with and relocate the harasser, not the victim.
ARTICLE 6- STRIKES AND LOCKOUTS
6.01
The Employer will not cause or direct any lockout of its employees, and the
Union will not cause or direct any strikes during the term of the Collective
Agreement.
6.02
The definitions of the terms "strike" and "lockout" as used in Section 6.01 above
shall be in accordance with the Labour Relations Act.
ARTICLE 7- GRIEVANCE PROCEDURE
7.01
Any complaint, disagreement, or difference,of opinion between the Employer and
the Union, or between the Employer and an employee covered by this Collective
Agreement which concerns the interpretation, application, operation or alleged
violation of the terms and provisions of this Collective Agreement, may be
considered as a grievance.
7.02
Step 1
It is the mutual desire of the parties hereto, that complaints of employees shall be
adjusted· as quickly as possible. If an employee has an unsettled complaint
regarding the interpretation, application, operation, or alleged violation of this
Collective Agreement; then,
The employee and his/her steward may take the matter up with the General
Manager or designate. The General Manager or designate shall render his/her
decision in writing within ten (1 0) calendar days of the receipt of the complaint.
Step 2
Failing settlement at Step 1, the steward and/or the employee shall submit the
written grievance within ten (1 0) calendar days to the General Manager or
designate. The General Manager or designate shall render his/her decision in
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writing to the Union steward and the employee within ten (1 0) calendar days after
presentation at this Step.
Step 3
Failing settlement at Step 2, a Union Representative of the United Food and
Commercial Workers Union may within ten (10) calendar days, schedule a
meeting with the Employer or his/her designate. The Union steward and/or the
employee may be present at such meeting. Upon completion of this meeting, the
Employer or his/her designate shall render his/her decision within ten (1 0)
calendar days.
Failing settlement at Step 3, the grievance may be submitted to arbitration within
thirty (30) calendar days after the decision has been received at Step 3.
7.03
Group Grievance
The Employer will recognize a group grievance as one which affects more than
one employe~ with respect to whom the issues and facts are substantially the
same.
7.04
Policy Grievance
Any differences arising directly between the Union and the Employer, relating to
the interpretation, application or alleged violation of the Collective Agreement
may be presented by either party as a Policy Grievance within thirty (30)
calendar days after the date when the Uniori or Employer first became aware of
the event giving rise to the grievance commencing at Step 2. It is understood,
however, that the provisions of this paragraph shall not be used with respect to a
grievance directly affecting an employee(s) and that the regular grievance
procedure shall -not be by-passed unless the employee has refused to file a
grievance within the prescribed time limits after being so requested by the Union
and the alleged grievance directly affects the interest of other employees.
· 7.05
Suspension or Discharge Grievances
A claim by an employee that he/she has been suspended or discharged will be
treated as a special grievance commencing at Step 3 of the Grievance
Procedure, provided· the grievance is submitted within ten (1 0) calendar days
after the suspension/discharge occurs.
Such special grievances may be settled by confirming the suspension or
discharge, or by reinstating the employee with full compensation, or by any other
arrangement which is just and equitable in the opinion of the conferring parties.
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It is agreed that the stewards and the Union Representative will be notified
immediately of the dismissal of any employee in the bargaining unit.
7.06
A violation of any employment related statute, such as the Human Rights Code
or Occupational Health and Safety Act, will also be subject to resolution through
the grievance and arbitration procedures as outlined in Articles 7 and 8.
7.07
Where an employee receives a disciplinary warning and receives no further
discipline for a period of eighteen (18) clear months from the date of the warning,
or the warning is withdrawn by grievance or arbitration procedure, such warning
shall be removed from the employee's record and shall not be used in any
subsequent action or arbitration proceedings.
7.08
Discipline and Discharge
No employee covered by this ColleCtive Agreement shall be disciplined in any
manner, suspended or discharged without just cause.
7.09
The employee shall be notified in writing by the Employer, with reasons for the·
disciplinary action, and/or penalty, with a copy to the Union Steward.
7.10
The Parties may agree any of the timelines in the Grievance Procedure with
mutual consent.
7.11
Neither party shall raise or proceed with a timeliness issue argument regarding
"filing for arbitration" without first giving the other party written prior notice of its
intent to do so.
Should either party serve such notice on the other party the parties further agree
that the final time frame in the Collective Agreement respecting "filing for
arbitration" shall then be triggered.
ARTICLE 8 -ARBITRATION
8.01
When either party requests that a grievance be submitted to arbitration as
provided under Article 7, it shall make such a request in writing addressed to the
other party to this Collective Agreement and, at the same time, propose three (3)
arbitrators to hear the grievance.
Within ten (1 0) calendar days thereafter, the other party shall respond to the
proposed list of arbitrators and either confirm one of the names or counterpropose three (3) arbitrators. This process will continue until an agreement is
reached or a referral is made to the Ministry for the appointment of a sole
arbitrator.
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8.02
No matter may be submitted to arbitration which has not been carried through all
previous steps of the Grievance Procedure:
8.03
Each of the parties hereto shall bear the expenses of the Arbitrator.
8.04
Any and all time limits referred to under the Grievance and Arbitration
Procedures herein may, at any time, be extended by written agreement between
the Employer and the Union.
8.05
The decision of the majority of the Arbitration Board shall be the decision of the
Board, and shall be final and binding on the Employer, the Union and the
employee(s) affected, however, that in no event shall the Board of Arbitration,
have the power to change this Collective Agreement or to alter, modify, or amend
any of its provisions, nor to make any decision in conflict with the provisions of
this Collective Agreement.
8.06
The parties may agree to a Board of Arbitration by mutual agreement who shall
have all the same rights of a sole Arbitrator.
ARTICLE 9- LABOUR MANAGEMENT COMMITTEE
9.01
The Parties agree to have a Labour Management Committee which will be held
quarterly unless otheiWise agreed. Each side will be entitled to have three (3)
representatives present. Any bargaining unit member will attend without loss of
pay. The Parties understand that these meeting may occur after normal
business.
ARTICLE 10- HEALTH AND SAFETY
10.01 Parties agree that they will comply with their respective rights and obligations
under the Occupational Health and Safety Act.
10.02 (a)
The Health and Safety Committee shall be established, comprised of at
least three (3) representatives appointed by the Union and three (3)
representatives appointed by the Employer.
(b)
At least one (1) Employer and one (1) employee representative will
participate in joint Certification Training.
10.03 (a)
Meetings ofthe Joint Health and Safety Committee shall be held quarterly
or more frequently, if required by a joint recommendation of the Union and
Employer=co-chairs: All unsafe, hazardous or dangerous conditions shall
be taken up and dealt with at such meetings. The minutes of all Health
and Safety Committee meetings shall be kept, and copies of such minutes
shall be sent to the Union and the Employer and one (1) copy to be
posted.
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ARTICLE 11- LEAVE OF ABSENCE
11.01 During a leave of absence the Employer shall continue to make payments on
behalf of the employee to all Health and Welfare Plans. Seniority shall continue
to accrue during any leave of absence or layoff excluding union leaves pursuant
to Article 11.03 (b).
11.02 Personal Leave
The Employer may grant leave of absence without pay to any employee
requesting such leave for good and sufficient cause, such request to be in writing
and approved by the Employer. Where reasonably possible to do so, the
employee will provide two (2) weeks' notice of such request. The Employer will
reply in writing within five (5) days. Such approval shall not be unreasonably
denied.
11.03 Education/Union Convention Leave
(a)
The Employer shall grant leave of absence without pay to members to
attend Union conventions or educational sessions. Such leave must be
applied for at least two (2) weeks in advance and all leaves for all
employees shall not exceed twenty (20) working days per year.
(b)
An employee elected or appointed to a paid full-time position within the
Union, shall be granted leave of absence without pay.
(c)
The Employer will pay the lost wages of employees who are on leave as
per Article 11.03 (a) of absence at the written request of the Union and the
Union will reimburse the Employer the full amount of lost wages paid to
the employees.
11.04 Jury Duty/Witness Leave
An employee called for jury duty or subpoenaed as a Crown witness or
subpoenaed as a witness in a civil or criminal proceeding shall receive for each
day absent from·· regularly scheduled working hours, the difference between
average hourly earnings lost and the amount of jury or witness fee received,
providing the employee furnishes the Company with a Certificate of Service
signed by the Clerk of the Court showing the amount of any fee received. It is
agreed that this provision does not apply to arbitration proceedings.
· 11.05 Bereavement Leave
(a)
In the event of a death in the immediate family, an employee who has
completed his/her probationary period will be granted three (3)
consecutive days leave of absence. Such leave shall be without loss of
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pay from average hourly earnings. Immediate family shall mean spouse,
child, father, mother, brother and sister. It is understood that typically one
of the days will be either the date of death or the date of the funeral.
Should there be a delay from the date of death to the funeral the
employee may elect to save one (1) of the days of paid leave to use on
the date of the funeral.
(b)
In the event of a death of a grandparent, father-in-law, mother-in-law,
brother-in-law, sister-in-law, aunt or uncle, an employee who has
completed his/her probationary period shall be granted one (1) day's leave
without loss of average hourly earnings for the purpose of attending at the
··
funeral.
(c)
The Employer agrees that if significant travel or time to settle an estate is
required for an employee due to a bereavement covered by this article the
Employer may grant additional unpaid leave to the employee. Such
request shall not be unreasonably denied.
11.06 Maternity/Parental/Adoption Leave
Maternity/Parental/Adoption leave shall be granted as a right as per the
Employme nt Standards Act, 2000 or its replacement legislation.
11.07 Moving Leave
One (1) day leave of absence without pay will be granted, upon request, when an
employee is changing residences the day the employee changes residences.
11.08 Education Leave
Any employee authorized and required to take an educational course shall have:
(a)
The fee for the Course paid by the Employer;
(b)
If attendance is during the working hours, the time spent at the Course
shall be paid for at the rates and conditions provided under this Collective
Agreement as though such employee were at work;
(c)
If the Course requires travel, the Employer will provide appropriate money
or transportation fees to the employee.
ARTICLE 12 - SENIORITY
12.01 The parties agree with reference to probationary employees, that:
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(a)
Probation For Newly Hired Employees
A newly hired Employee shall be on probation only for the six (6) calendar
months of his/her employment. During the probationary period, the
Employee may be dismissed at the sole discretion of the Employer and
the dismissal shall not form the subject matter of a grievance. After
completion of the probationary period, seniority shall be effective from the
last date of hire.
(b)
Under no circumstances will an employee be required to serve a second
probationary period.
(c)
The parties agree that. the probationary period may be extended with
mutual agreement.
This Article shall apply to all provisions of the Collective Agreement affected by
seniority.
12.02 Employees shall continue to accrue seniority if they are absent from work
because of sickness, disability, accident, lay-off or other approved leave under
this Collective Agreement.
12.03 Within thirty (30) calendar days of ratification and in January and July of each
year thereafter, the seniority list, including the employees' seniority, service date
and employment status (full-time or part-time) shall be posted in the various
departments and a copy mailed to the Union.
12.04 An employee shall, lose his/her seniority and/or his/her employment in the following circumstances:
(a)
an employee quits;
(b)
an employee is discharged and not reinstated under the terms of this
Agreement;
(c)
an employee has been laid off for a period of twelve (12) months;
(d)
an employee fails to notify the Company within three (3) calendar days,
exclusive of Saturday, Sunday and holidays, of receipt of notice of recall
and report within seven (7) calendar days from receipt of such notice.
Notice of recall may be by telephone or telegram confirmed by registered
mail to the employee's last address registered with the Company. If notice
is by registered mail, it shall be deemed to have been received on the
second day following registration;
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-
(e)
an employee is absent from scheduled work for a period of three (3)
consecutive working days without notifying the Company of such absence
and providing a reason satisfactory to the Company;
(f)
an employee is absent due to illness or disability which absence continues
for twenty-four (24) calendar months from the time the disability or illness
commenced. It is understood that this provision shall be interpreted in a
manner consistent with the provisions of the Ontario Human Rights Code.
12.05 Within thirty (30) calendar days of ratification and in January and July of each
year thereafter, the seniority list, including the employees' seniority, service date
and employment status (full-time or part-time) shall be posted in the various
departments and a copy mailed to the Union. It is understood that an employee
can only grieve the issue about whether his or her seniority date is correct and
not their relative ranking of seniority.
12.06 (a)
A part-time employee cannot use seniority for the purpose of displacing a
full-time employee.
(b)
A part-time employee who becomes a full-time employee will be given fulltime credit of one hundred percent (1 00%) of his/her part-time seniority.
_12.07 In the event of a tie in seniority dates for two (2) employees their seniority shall
be determined by a random draw.
ARTICLE 13- VACANCIES, JOB POSTING, PROMOTIONS AND TRANSFERS
13.01 Where permanent vacancies in the bargaining unit occur such vacancies will be
posted. The posting shall indicate those qualifications required for the position.
13.02 Such vacancies shall be posted for a period of ten (1 0) calendar days and
employees bidding on job vacancies must make written application to the
General Manager no later than the seventh day of the posting.
13.03 Vacancies which will not or are not expected to exceed nine (9) months and
vacancies caused by absence due to illness, accident, leaves of absence
(including maternity leave) need not be posted unless agreed to by the parties.
Such temporary vacancies may be filled at the discretion of the Employer.
13.04 The Company shall consider applicants for whom a successful bid would result in
a promotion or transfer (as defined herein) to a higher or equal rate classification.
In cases of promotion or transfer, the Company will consider the following
factors: skill, ability, job efficiency, qualifications and experience. When these
factors are relatively equal in the opinion of the Company, seniority will govern.
15
13.05 Where an employee has been selected as a successful applicant under this
Section, and it is subsequently determined by the Company that he/she cannot
satisfactorily perform the job or, where the employee wishes to return to his/her
former job, the Company will attempt during the first thirty (30) days from the date
on which the employee was first assigned to the vacancy to return him/her to
his/her former job.
13.06 If the vacancy is not filled on the foregoing basis, the Company may fill the job in
question at its discretion.
13.07 The Company may assign any employee to any vacancy on a temporary basis
including the period of time during which the posting has been completed.
13.08 No employee shall be transferred in excess of five (5) days to another position
within the bargaining unit without his/her consent. If a consenting employee is
transferred to another position, he/she shall have the right to return to his/her
former position within sixty (60) calendar days and any other employee affected
- by the transfer shall be returned to his/her former position, without loss of wages
and seniority.
13.09 New employees shall not be hired where there are employees on layoff who
have the ability to do the job.
ARTICLE 14- LAYOFF AND RECALL
14.01 In the event of layoff, the following procedure will be follOwed:··
Probationary employees will be laid off first; then,Part-time employees iri the reverse order of their bargaining unit wide
seniority; then,
Full-time employees in the reverse order of their bargaining unit wide
seniority.
It is understood that the remaining employees as outlined above, must have the
ability to perform the nornial requirements of the remaining jobs. Recall shall be
in the reverse order ofthe above layoff procedure.
14.02 The Employer shall notify employees who are to be laid off on the following
basis:
(a)
Three (3) month to one year of service- one (1) week
(b)
One (1) to three (3) years of service- two (2) weeks
(c)_
Three (3) years ofservice or more- one (1) week per year of service to a
maximum of eight (8) weeks.
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The Employer agrees to continue to pay the cost of all benefits during this period.
It is understood that this requirement can be satisfied with pay-in lieu of notice.
14.03 (a)
(b)
Vacancies shall be filled prior to employees exercising bumping rights.
Employees shall have bumping rights in accordance with their seniority.
Bumping is defined as follows:
Where a senior employee is to be laid off he/she will have the option to
move into any job for which he/she has the seniority and ability to perform.
14:04- Employees shall be recalled in- the order of their seniority, where jobs become
available, provided they have the ability to perform such jobs following a
familiarization period. The Employer shall give notice of recall by registered mail
to the last recorded address of_ the employee. The employee shall keep the
Employer advised at all times of his/her current address.
14.05 No new employees shall be hired until those laid off have been given the
-opportunitY of recall. Laid off employees who wish to be n9tified of job vacancies
other than those to which they have recall rights may signify their desire in writing
prior to layoff and shall be entitled to apply for such jobs. A copy of the
employee's request shall be given to the employee and sent to the Union.
14.06 The Union shall be notified of all- appointments, hiring, lay-offs, transfers, recalls
and terminations on a monthly basis beginning with the end of the month in
which this Collective Agreement was ratified by the Employees. If a lay-off
becomes permanent the Employer in addition to termination pay will pay
severance pay on the basis of one (1) week's pay per year of service or part
thereof.
ARTICLE 15- WAGES AND CLASSIFICATIONS
15.01 Job classifications are set out in Appendix "A" of this Collective Agreement.
15.02 Subject to Schedule A, bargaining unit employees shall receive increases to his
or her base wage rate on the following basis:
January 1, 2015: 2%
_January 1, 2016: 2%
January 1, 2017: 2%
15.03 An employee who is temporarily assigned in accordance with the terms of this
Collective Agreement in excess of five (5) consecutive working days to a higher
paying classification or job, shall be paid the rate and benefits for that
classification or job for the times he/she performs such work. An employee who
is temporarily assigned in accordance with the terms of this Collective Agreement
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to a lower paying classification, shall continue to be paid the rate and benefits of
his/her regular job.
ARTICLE 16- HOURS OF WORK AND OVERTIME
16.01 The normal work week for full time employees shall be over thirty (30) hours.
16.02 It is understood and agreed that the provisions of this Article are intended only to
provide a basis for calculating time worked and shall not be considered a
guarantee as to the hours of work per day, the days of work per week, nor a
guarantee of working schedules.
16.03 There shall be no duplication or pyramiding of hours worked for the purpose of
computing overtime or other premium payment.
16.04 Authorized work performed in excess of forty-four (44) hours worked in any week
shall be paid at time and one-half the employee's regular hourly rate._
16.05 The- parties to this Agreement recognize that the needs of the business may
require the performance of overtime work from time to time and when overtime is
required, the Company will assign the employees regularly doing the job. The
Company will attempt to advise employees of required overtime as far in
advance as is practical. In light of the foregoing the Company agrees to attempt
to distribute available overtime work as equitably as practical amongst qualified
employees normally performing the work in question within the sections in which
overtime is required. It is understood and agreed however that any valid claim of
inequitable distribution shall result only in an employee's entitlement to the next
opportunity to perform scheduled overtime in his department .that he is qualified
to perform.
16.06 (a)
A work schedule shall be posted in the department by every other Friday
by noon showing the scheduled working hours for each employee covered
by the Collective Agreement, for the succeeding two (2) week period and
no change in such schedule shall be made without advance notice or in
the event of sickness, accident, bereavement, fire, flood, or other similar
circumstances beyond the control of the Employer.
(b)
Once all employees in each classification reach the prerequisite amount of
shifts in accordance with 16.01, additional shifts shall be filled in
accordance with seniority, with full-time employees being scheduled
before part-time employees.
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16.07 Cancellation of Shifts/Send Home
The Parties agree that where a shift cancellation or send home is required, the
least senior employee in the classification at the affected worksite will be sent
home or have his or her shift cancelled.
16.08 Rest Periods
(a)
The meal period will be one (1) hour paid
(b)
Employees will be granted an additional fifteen (15) minute rest period
during the workday to be taken at a mutually convenient time.
16.09 Employees called in to work or who report for scheduled work will be guaranteed
three (3) hours pay.
16.10. The. Union Representative of the United Food and Commercial Workers or its
International affiliates or the steward shall have the right to request to inspect all
bargaining unit employees' time cards and/or time sheets for the purpose of
verification. The Union representative will identify to the Employer the purpose of
the request.
16.11 Employees shall have two (2) consecutive days off in each pay period.
ARTICLE 17- VACATIONS
17.01 Vacations shall be provided· in accordance with an employees' seniority on the
following basis:
(a)
Less than five (5) years of service as of the date of hire- one (1) day off
with pay for each month of employment to a maximum of ten ( 10) days
with pay of four percent (4%) of T4 earnings.
(b)
Five (5) years but less than ten (1 0) years of service as of the date of hire
- three (3) weeks off with pay or six percent (6%) of T4 earnings,
whichever is greater.
(c)
Ten ( 10) years but less than seventeen ( 17) years of service as of the
date of hire - four (4) weeks off with pay or eight percent (8%) of T4
earnings, whichever is greater.
(d)
Seventeen (17) years but less than twenty-five (25) years of service as of
the date of hire- five (5) weeks off with pay or ten percent (10%) of T4
earnings, whichever is greater.
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(e)
Twenty-five (25) or more years of service as of the date of hire - six (6)
weeks off with pay or twelve percent (12%) of T4 earnings, whichever is
greater.
17.02 There shall be no carry-over of vacation from one vacation year to the next
without written authorization by the Company. Unused vacation greater than two
(2) weeks will not be paid out if it is not taken and the employee has not obtained
approval to carry over vacation.
17.03 Vacations shall be requested and posted bi-annually. April 1st of each calendar
year for the months of April through September, and by October 1st of each year
_ for Octoqer through March.
17.04 Employees shall request at least half of their vacation each half-year unless
authorized by the Company.
ARTICLE 18- PAID HOLIDAYS
18.01 Employees shall be entitled to the following holidays with pay:
Civic Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
18.02 Holiday pay will be calculated as nine (9) hours pay as per current practice.
18.03 In order to qualify for holiday pay the employee must work the full scheduled
hours of work on the work day immediately preceding and immediately following
the holiday unless excused by the Company, or an employee was absent due to:
(a)
bereavement leave;
(b)
court duty leave;
(c)
regularly scheduled vacation;
(d)
confined to a hospital on one or both of the qualifying days verified to the
satisfaction of the Company and further providing that the employee has
worked at least one shift in the week preceding or- one shift in the week
following the holiday and is not in receipt of payment for weekly indemnity
or Workers' Compensation for the holiday in question;
(e)_
leave of absence for Union business granted under Article 16.
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NOTE:
Any other leave of absence granted by the Company pursuant to
the provisions of this Agreement shall be deemed to be an absence
excused by the Company under this Section providing it does not
exceed one week in duration.
18.04 Where an employee who has undertaken to work on any one of the abovementioned holidays, he/she shall be paid, at the rate of time and one-half his/her
base hourly rate, for all hours worked in addition to any holiday pay to which
he/she is entitled.
18.05 An employee who has undertaken to work on any of the above holidays and fails
to report for work shall forfeit all pay for that day unless his absence is due to
illness -verified by a medical certificate as required by the Company or otherwise
provides a reason satisfactory to the Company.
· 18.06 Where any of the holidays oc.cur during an employee's vacation period the
Company agrees to provide an additional day off with pay at a time scheduled by
the Company and acceptable to the employee.
ARTICLE 19- HEALTH AND WELFARE
19.01 Personal Days
Employees shall be provided with three (3) days per calendar year which the
employee can take for personal reasons. These days shall be requested two (2)
weeks in advance; however, an employee may use these days for when they
miss work due to being sick and do not have any sick leave remaining. Unused
Personal Days are not paid out or carried over to the following year.
19.02 Sick Leave
Employees shall receive an additional three (3) days per year as sick leave.
Employees must provide a doctor's note if they are absent on a sick leave for
greater than three (3) consecutive days. Any cost for a doctor's note for a time
period less than three (3) days, or for additional information shall be paid by the
Employer. Unused Sick Days are not paid out or carried over to the following
year.
19.03 Group Insurance
The Employer shall maintain the current benefit package and continue to pay one
hundred percent (1 00%) of an applicable premium cost for any benefit plan for all
employees. The Employer may change carriers during the life of the agreement
provided that an equivalent level of benefits is maintained.
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ARTICLE 20- GENERAL
20.01 The Union shall have reasonable access to a bulletin board on the premises of
the Company for the posting of appropriate Union notices pertaining to matters
relating to employees covered by the Collective Agreement. Copies of all notices
shall be given to the General Manager prior to posting and the Company retains
the right to approve any material posted herein. It is understood that the posting
is approved unless the General Manager objects within forty-eight (48) hours of
receiving the material.
20.02 The Employer shall reimburse the Union fifty (50%) percent of the cost of printing
this Collective Agreement for all bargaining unit employees.
20.03 The Employer and Union shall each pay fifty percent (50%) of the costs of
meeting rooms associated with the negotiation of the collective agreement.
20.04 The Employer will supply the uniforms and protective gear in accordance with the
current practice which is 3 shirts for full-time employees, 2 shirts for part-time
·employees and replacements as required.
20.05 Correspondence
All correspondence arising out of, or incidental to this Collective Agreement, shall
pass between the Personnel Department of the Employer and the Union
Representative of the United Food and Commercial Workers Union or its
International affiliates, unless otherwise herein specified.
20.06 Pay Cheque Error
Should any error occur in a pay cheque, attributable to the Employer, the
Employer agrees to correct the error no later than the following pay day.
20.07 Mileage
If an employee is required to use their personal vehicle on the Employer's
business they will be paid mileage at a rate of fifty ($0.50) per kilometre.
20.08 Severance
Should the Employer cease operations at one or more clinic locations,
permanently affected employees shall receive notice (or pay in lieu of notice) of
at least one (1) week of notice per year of service to a maximum of eight (8)
weeks. The Employer shall also pay an amount equal to one (1) week of pay per
year of service as a severance payment.
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20.09 Parking
The Employer agrees to maintain the current practice with respect to parking at
the Credit Valley Hospital Parking Lot.
ARTICLE 21 -DURATION
21.01 This Collective Agreement shall remain in force and effect until May 31, 2017 and
until all provisions of the Ontario Labour Relations Act have been expended.
21.02 Either party may give the other party notice of renewal and/or amendment of this
Collective Agreement at any time within ninety (90) days prior to the expiry of this
Collective Agreement. The parties shall meet within fifteen (15) days of such
notice being received.
21.03 The Parties agree to sign the Collective Agreement within thirty (30) days of
ratification by the Union.
Dated this _31_ day of _..-LM___,_,.o-rc:..._:_c::-~--'------' 20 12__.
FOR THE EMPLOYER
FOR THE_UNION
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SCHEDULE "A"- WAGE CLASSIFICATION
Role
General Labour
Reception
Transcription
Sterilization Tech
CDA (1 and 2)
RPN
RN
patient care coordinator
implant coordinator
hospital coordinator
15.00
22.00
22.00
20.00
24.00
27.00
33.00
28.00
28.00
28.00
$12.00
$16.00
$18.00
$12.00
$19.68
$18.48
$25.84
$20.00
$20.00
$20.00
*no employee shall have his or her salary .reduced as a result of the implementation of
these wage grids.
*All bargaining unit employees currently employed, and have a wage rate that is higher
than the above grid, shall be entitled to the base wage increases as described in Article
15 irrespective of the wage band.
*Any bargaining unit employee who reaches the maximum of his or her respective wage
band will receive the difference as a lump sum in the year they attain the maximum
band. If an employee is at the top of the band for the entire year he or she will receive a
lump sum in the amount of the increase described in Article 15.
*The Parties agree that the Employer may place a new hire within the respective wage
band at its discretion.
Responsibility Premiums:
Any Employee who holds a "charge" position with the Employer shall receive an
additional $1.00 per hour as a responsibility premium.
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LETTER OF UNDERSTANDING
BETWEEN:
CREDIT VALLEY ORAL SURGERY
(the 'Employer")
-and-
UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175
(the "Union")
RE: EXISTING PRACTICES PRIOR TO CERTIFICATION
The Parties agree that should a pre-existing practice that was not specifically discussed
during collective bargaining and was not known or reasonably ought to be known by the_
union come be identified at a later date, the Parties shall meet at a mutually agreed date
and time to review the dispute and work towards a resolution. In the event that no
resolution is reached, the Parties will mutually agree to a resolution mechanism.
Dated this _3l_ dayof _ _"-,M......:.:o.r:.:..·=v_k= ----' 2012_.
FOR THE EMPLOYER
FOR THE UNION
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