-1-
COLLECTIVE AGREEMENT
BETWEEN:
Ray of Hope-- operating as Ray of Hope Youth
Justice Services- Secure
(THE COMPANY)
-AND-
United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and
Service Workers International Union
(United Steelworkers)
(THE UNION)
-2ARTICLE 1 • PURPOSE OF AGREEMENT
1.01
The general purpose of this Agreement is to secure the full benefits of orderly
collective bargaining, an amicable method of settling any difference, which may
arise between the parties, and to set forth the conditions of employment to be
observed by the Company and the Union.
1.02
Wherever the male gender is used throughout the Articles within this
Agreement, it is agreed that the feminine gender is an acceptable substitute
whenever or wherever the feminine gender is applicable.
1.03
Where the singular is used throughout the Articles within this Agreement, it is
agreed that the plural is an acceptable substitute whenever and wherever the
plural is applicable.
ARTICLE 2 • RECOGNITION AND SCOPE
2.01
The Company recognizes the Union as the sole and exclusive bargaining agent
for all employees of Ray of Hope- operating as Ray of Hope Youth Justice
Services- Secure in the Township of Wilmot, save and except supervisors and
those above the rank of supervisor, office and clerical staff and professional staff.
2.02
Persons, employed by the Company who are not members of the bargaining unit,
shall not perform any work which is included in the bargaining unit except for
purposes of instruction or modelling, or in emergencies, or for covering breaks
when a qualified employee in the bargaining unit is not available.
2.03
Should the present operations be moved to a location(s) outside of the
boundaries of the Township of Wilmot, this Agreement shall be extended to
cover such location( s).
2.04
The Company shall not contract out work, which is normally performed by
employees in the bargaining unit if the effect of such contracting out would result
in the layoff of bargaining unit employees.
ARTICLE 3 ·RELATIONSHIP
3.01
(a)
Every person has a right to equal treatment with respect to employment
without discrimination because of race, ancestry, place of origin, colour,
ethnic origin, citizenship, creed, sex, sexual orientation, gender identity,
gender expression, age, record of offences, marital status, family status
or disability.
(b)
The Company and Union agree to observe the provisions of the Ontario
Human Rights Code.
-3(c)
The Company agrees it shall not interfere with, restrain, coerce or
discriminate against employees in their lawful right to become and
remain members of the Union and to participate in its activities.
(d)
The Union agrees that, except as provided for in this Agreement, there
will be no Union activity on the premises of the Company during the
employees' working hours except by agreement with the Company.
(e)
The Company shall introduce each new employee to his Union Steward
and the Local Unit Chairperson, who shall be allowed up to a thirty (30)
minute Union orientation period with the new employee(s) in a suitable
location on Company premises during orientation training.
ARTICLE 4 - MANAGEMENT RIGHTS
4.01
The Union recognizes that the operation and management of Ray of Hope and the
direction of the work force are fixed exclusively with the Company and shall remain
solely with the Company except as specifically limited by the express provisions of
this Agreement. Without restricting the generality of the foregoing, the Union
acknowledges that it is the exclusive function of the Employer to:
(a)
Maintain order, discipline and efficiency;
(b)
Hire, direct, transfer, promote, demote, discharge, layoff and suspend or
otherwise discipline employees, provided that a claim that an employee who
has completed his probationary period has been discharged or disciplined
without just cause may be the subject of a grievance and dealt with in
accordance with the grievance and arbitration procedures hereinafter
described;
(c)
Establish and enforce reasonable rules and regulations to be observed by
employees, provided that such are not inconsistent with the express
provisions of this Agreement; and
(d)
Generally to manage and operate Ray of Hope in all respects and, without
restricting the generality of the foregoing, to determine the kinds and
locations of equipment to be used, the allocation, location and number of
employees required from time to time, and all other matters concerning its
operations, functions and obligations.
ARTICLE 5 NO STRIKES OR LOCKOUTS
&
5.01
The Union agrees that during the term of this Agreement, it will not authorize or
condone any unlawful strike. The Company agrees that during the term of this
Agreement it will not illegally lock out employees. The terms "strike" and "lockout"
shall bear the meaning given them in the Ontario Labour Relations Act.
-4ARTICLE 6 • UNION SECURITY
6.01
The Company shall deduct from the pay of each member of the bargaining unit,
bi-weekly, such Union dues, fees and assessments as prescribed by the
Constitution of the Union.
6.02
The Company shall remit the amounts so deducted, prior to the fifteenth (15th)
day of the month following, by cheque, as directed by the United Steelworkers
Area Office, payable to the International Secretary-Treasurer. A copy of the Dues
Remittance Form R-115 will also be sent to the United Steelworkers Area Office.
6.03
The monthly remittance shall be accompanied by a statement showing the name
of each employee from whose pay deductions have been made and the total
amount deducted for the month.
Such statements shall also list the
names of the employees from whom no deductions have been made
6.04
The Union agrees to indemnify and save the Company harmless against all
claims or other forms of liability that may arise out of or by reason of, deductions
made or payments made in accordance with this Article.
6.05
The Company agrees to show on the employees T 4 slip the total Union dues
deducted for the previous calendar year.
ARTICLE 7- UNION REPRESENTATION
7.01
7.02
The Company acknowledges the right of the Union to appoint or otherwise select
Union Stewards for the purpose of representing employees in the handling of
complaints and grievances.
The Company agrees to recognize four (4) Union Stewards representing frontend and back-end day and night shifts.
7.03
The Company shall be notified by the Union of the names of the Union Stewards
and the shifts they are representing and any changes made thereto.
7.04
The Company agrees to recognize a Union Grievance Committee of not more
than two (2) employees plus the Local Unit Chairperson.
7.05
It is agreed that Union Stewards have their regular duties and responsibilities to
perform for the Company and shall not leave their regular duties without first
obtaining permission from their immediate supervisor, which will not be
unreasonably held.
7.06
The Company agrees that Stewards and Grievance Committee members shall
not suffer loss of pay for time spent in attendance at meetings with the Company
held during the employee's working hours.
-5ARTICLE 8 - NEGOTIATING COMMITTEE
8.01
The Company agrees to recognize and deal with a Negotiating Committee of not
more than two (2) employees, plus the Unit Chairperson, who shall be regular
employees of the Company, along with representatives of the International
Union.
8.02
The Negotiating Committee is a separate entity from other committees and will
deal only with such matters as are properly the subject matter of negotiations,
including proposals for the renewal or modification of this Agreement.
8.03
The Company agrees to allow members of the Negotiating Committee the day off
work without loss of pay on each day the Committee is scheduled to meet with
members of Management up to a maximum of seventy-two (72) hours each
round of negotiations. Beyond this limit, time spent by Negotiating Committee
members will be compensated by the Union.
ARTICLE 9 - GRIEVANCE PROCEDURE
9.01
It is the mutual desire of the Parties hereto that any complaint or cause for
dissatisfaction arising between an employee and the Company with respect to
the application, interpretation, or alleged violation of this Agreement shall be
adjusted as quickly as possible.
9.02
It is generally understood that an employee has no complaint or grievance until
he, either directly or through the Union, has first given his immediate supervisor
an opportunity to adjust the complaint.
9.03
If, after registering the complaint with the supervisor and such complaint is not
settled within five (5) calendar days or within any longer period which may have
been agreed to by the parties, then the following steps of the Grievance
Procedure may be invoked:
Step One
The grievance shall be submitted in writing to the supervisor either directly or
through the Union. The grievance shall include a description of the nature of the
grievance and any proposed remedy, and without prejudice, reference to the
specific article( s) alleged to have been violated. The supervisor shall meet with
the grievor and the grievor's Union Steward within five (5) calendar days of the
receipt of the grievance in an attempt to resolve the grievance. The supervisor
shall within five (5) calendar days answer the grievance and return it to the Union.
-6Step Two
If the decision of the immediate Supervisor is not satisfactory, the grievance may
be submitted to the Program Director who shall, within five (5) calendar days hold
a meeting between the grievor, a member of the Union Grievance Committee
and the appropriate representative of Management, in a further attempt to
resolve the grievance. The Program Director shall within a further five (5)
calendar days give his decision in writing to the Union.
Step Three
If the grievance remains unsettled at the conclusion of Step Two, the grievance
may be submitted to the Director of Operations who shall within five (5) calendar
days hold a meeting between the Union Grievance Committee (not to exceed two
(2) in number) and the appropriate representatives of Management, in a final
attempt to resolve the grievance. The Field Staff Representative of the Union will
be present, if requested by either party and the meeting is held to meet his
availability. The Grievor may be present at this meeting if requested by either
Party. The Director of Operations shall within a further five (5) calendar days
give his decision, in writing, to the Union.
9.04
The Company shall not be required to consider any grievance which is not
presented within fourteen ( 14) calendar days after the grievor first became aware
or ought reasonably to have become aware of the alleged violation of the
Agreement.
9.05
If final settlement of the grievance is not reached at Step Three then the
grievance may be referred in writing by either Party to Arbitration as provided in
Article 11, Arbitration, at any time within thirty (30) calendar days after the
decision is reached under Step Three.
9.06
When two or more employees wish to file a grievance rising from the same
alleged violation of this Agreement, such grievance may be handled as a Group
Grievance and presented to the Company beginning at Step Two of the
Grievance Procedure.
9.07
The Union or the Company shall have the right to initiate a Policy Grievance with
respect to the application, interpretation, or alleged violation of this Agreement '
beginning at Step Three of the Grievance Procedure, and all provisions of the
Grievance and Arbitration Procedures shall apply to such grievances. Policy
grievances will not normally be used in place of individual or group grievances.
9.08
The time allowances provided in this Article may be extended by mutual
agreement between the Parties in writing.
-7ARTICLE 10 - DISCHARGE AND DISCIPLINARY ACTION
10.01
A claim by a non-probationary employee, that he has been discharged or
suspended, without just cause, shall be a proper subject for a grievance, if a
written statement of such grievance is lodged at Step three (3) of the Grievance
Procedure within ten ( 10) calendar days after the employee receives notice that
he has ceased to work for the Company or receives notice of a suspension as
the case may be.
Such special grievance may be settled by:
(a)
confirming the management's action to discharge or suspend the
employee, or
(b)
reinstating the employee with full seniority and compensation for lost
wages and benefits, or
(c)
any other arrangement, which in the opinion of the conferring Parties is
just and equitable.
10.02
An employee who has been dismissed without notice, shall have the right to
interview a Union Steward, for a brief period of time, before leaving the Company
premises.
10.03
Warnings and disciplinary notations will be treated as removed for the purposes
of progressive discipline if the employee has been free from warnings and
discipline for eighteen (18) months from the last entry.
ARTICLE 11 • ARBITRATION
11.01
When either Party to this Agreement requests that a grievance be submitted for
Arbitration, they shall make such request in writing addressed to the other Party
to this Agreement within the time limits stipulated in article 9.05 above.
11.02
The Arbitration Procedure incorporated in this Agreement shall be based on the
use of a Single Arbitrator.
11.03
When either Party refers a grievance to Arbitration, they shall propose three (3)
Arbitrators. If, within seven (7) calendar days, none of the proposed Arbitrators
are acceptable to the other Party, they shall propose three (3) other Arbitrators. If
an acceptable Arbitrator is not agreed upon within ten (10) calendar days, the
Parties may either submit more proposed Arbitrators or request the Ministry of
Labour appoint an Arbitrator.
11.04
Except where otherwise provided for in this Agreement, each of the Parties
hereto will bear its own expense with respect to any arbitration proceedings. The
Parties hereto will bear jointly the expenses of the Arbitrator on an equal basis.
-8-
11.05
The Arbitrator shall not be authorized, nor shall the Arbitrator assume authority,
to alter, modify, or amend any part of this Agreement, nor to make any decision
inconsistent with the provisions thereof, or to deal with any matter not covered by
this Agreement.
11.06
The decision of the Arbitrator shall be final and binding on the Parties.
ARTICLE 12 • SENIORITY
12.01
Probationary Period
An employee shall not have any seniority, and shall be considered as a
probationary employee until he shall have attained seniority status by actually
working a total of five hundred and twenty {520) hours. Until a probationary
employee attains seniority status, his name shall not appear on any seniority list.
Upon completion of the probationary period, the employee's name shall be
added to the seniority list dating from the last date of hire. The release of a
probationary employee shall be at the Company's discretion and shall not be
subject to the grievance and arbitration procedure.
12.02
The Parties recognize that security shall increase in proportion to length of
service. It is therefore agreed that in all cases of lay-off, and recall after lay-off,
senior employees shall be entitled to preference.
It is recognized that when laying off employees within a classification in reverse
order of seniority, it may become necessary to reallocate the work schedules of
those employees who remain, based on preference in order of seniority.
12.03
(Full-time Employees Only)
Seniority shall be maintained and accumulated during:
12.04
(1)
absence due to lay-off, sickness or accident:
(2)
authorized leave of absence.
An employee shall lose his seniority standing and his name shall be removed
from all seniority lists and deemed terminated for any one of the following
reasons:
( 1)
if the employee voluntarily quits.
(2)
if the employee is discharged for just cause and is not reinstated in
accordance with the provisions of this Agreement.
-9(3)
if the employee is laid off and fails to return to work within five (5) days
after he has been notified so to do by the Employer by registered mail to
his last known address (a copy of such notice shall be sent to the Union).
(4)
if the employee has been on lay-off for lack of work for a period of more
than twenty-four (24) consecutive months.
(5)
if an employee is absent without permission for three (3) consecutive
working days, without notifying the Company, unless he provides a
satisfactory reason for failing to notify.
(6)
fails to return to work upon termination of an authorized leave of
absence without a satisfactory reason or utilizes a leave of absence,
without permission, for purposes other than that for which the leave was
granted;
(7)
is absent due to illness or disability for a period of twenty-four (24)
months. This provision shall be interpreted in a manner consistent with
the Human Rights Code.
(9)
if the employee is a Part-time employee and has not worked when work
was available within a period of six (6) months, except where such is due
to an approved leave of absence, pregnancy leave, parental leave, or
illness.
12.05
Seniority shall be on a facility-wide basis and shall mean total length of
continuous service in the bargaining unit for Full-time employees and based on
hours worked for Part-time employees.
12.06
The Unit Chairperson will be issued an up-to-date seniority list on or about June
30th and December 31st of each year including employee name, classification,
status and seniority. A copy posted on the facility bulletin board(s) for
employee's inspection and a copy mailed to the United Steelworkers Area Office.
The Union list sent to the Area Office shall contain the employees' classification,
current rate of pay and the employee's latest address on file with the Company.
A copy of the current employee's seniority list shall be posted in the workplace for
thirty (30) for all members to review. Any dispute regarding seniority should be
brought to the attention of the Unit Chairperson, who will in turn address the
issue with management. Should a disagreement still exist with regard to seniority
a grievance may be filed at Step Two (2) of the Grievance Procedure to try and
resolve the issue.
-1012.07
Notice of Lay-off
(a)
Whenever it becomes necessary to reduce the work force, the employee
affected shall be given one (1) weeks' notice in advance of the date of
lay-off or pay in lieu thereof.
(b)
The Local Unit Chairperson shall be notified in advance of the names of
any employees slated for lay-off and the expected duration of same.
12.07 (c) An employee in receipt of notice of lay-off pursuant to 12.07(a) may:
i.
accept the lay-off and be placed on a recall list, or
ii.
displace another employee who is junior and in the same or a lower or
identical-paying classification in the bargaining unit if the employee
originally subject to lay-off has the ability to meet the normal
requirements of the job.
(d) An employee so displaced shall be deemed to have been laid off and shall be
entitled to notice in accordance with Article 12.07 (a) and given the opportunity to
exercise their rights under Article 12.07 (c).
An employee who chooses to exercise the right to displace another employee in
accordance with the above shall advise the Company of her/his intention to do so
within five (5) days of receiving notice of lay-off.
12.08
Job Vacancies
(a)
When a permanent vacancy within the bargaining unit must be filled, it
will be posted on the bulletin board(s) for a period of seven (7) calendar
days prior to the filling of the job vacancy. Employees desiring
consideration in the filling of the job vacancy shall signify their desire by
notifying the Program Director in writing.
(b)
Employees shall be selected for posted positions on the basis of their
skill, ability, experience and qualifications. Where these factors are
relatively equal amongst the employees considered, seniority shall
govern, providing the successful applicant, if any, is qualified to perform
the available work.
-11-
12.09
(c)
Jobs shall not be considered vacant when employees are not at work
because of sickness, accident, or authorized leave of absence.
However, if it is known that an employee is to be absent from work
because of sickness, accident, or on leave of absence for more than
sixty (60) calendar days, the job shall be posted as a temporary job and
the provisions of this Article shall apply. Upon completion of the
temporary assignment the employee shall return to his former job.
(e)
An employee who is bypassed in favour of an employee with less
seniority to fill the vacant job, shall be notified in writing as to the
reason(s) he was not accepted. The name of the successful applicant
shall be posted on the bulletin board( s).
Temporary Vacancies
Employees will be selected for temporary vacancies posted in accordance with
the above on the same basis as selection for permanent positions as provided in
article 12.08 (b).
12.11
Employees promoted to supervisory or other positions, which disqualify them
from being subject to this Agreement shall accumulate seniority for a period of six
(6) months following such transfer and should such employees decide to return
to the bargaining unit or are returned by the Company during the six (6) months
period, they shall be returned to the job classification held by such employee
immediately prior to such transfer. No employee subject to the above may return
to the bargaining unit once the six (6) month period has expired, other than as a
new employee.
ARTICLE 13- LEAVE OF ABSENCE
13.01
The Company will consider requests for unpaid personal leave of absence where
the provisions of vacation time and emergency leave or other leave provisions
are insufficient to meet the employee's need in specific circumstances.
13.02
The Local Unit Chairperson will be notified of all leaves granted under this
Section.
13.03
Employees who have been elected or appointed by the Union to attend Union
conventions or conferences or other Union business shall be granted a leave of
absence by the Company. The Union will notify the Company in writing, as early
as possible prior to the start of the leave, of the names of the members requiring
leave. Seniority will accumulate during such period. Such leave shall be limited
to not more than two (2) employees at any one time and shall not exceed a
cumulative bargaining unit maximum of twenty-five (25) days per annum.
-1213.05
The Company agrees to continue the pay of any employee absent from work on
Union business approved under article 13.03 above, and the Union shall
reimburse the Company for such wage payment upon receipt of a monthly
statement. Such leave of absence shall be authorized in writing by the Local Unit
Chairperson.
13.06
The Company agrees to grant an employee leave of absence without pay for up
to one ( 1) year to work in an official capacity for the Union, provided such request
is made by an authorized representative of the Union.
13.07
Pregnancy and Parental Leave shall be granted in accordance with the
Employment Standards Act of Ontario. Employees shall be granted leave of
absence without pay, upon entering the sixth month of pregnancy.
The Company agrees that it will extend such period of leave, either before or
after delivery upon receipt of medical evidence supporting the need for such
additional leave.
13.08
Canadian Citizenship
The Company agrees to allow leave of absence without loss of pay for up to eight
(8) hours to an employee who becomes a Canadian Citizen. Such time off work
shall be paid upon verification of the employee's attendance at a Canadian
Citizenship ceremony.
ARTICLE 14 ·UNION REPRESENTATIVE
14.01
The Field Staff Representative of the Union shall be granted access to the
Company's facilities to speak to Local Union representatives about a grievance
or other official business, provided that permission is requested to the Program
Director in advance. These talks will be arranged so that they will not unduly
interfere with their work.
ARTICLE 15 ·BULLETIN BOARDS
15.01
The Company agrees to provide a Bulletin Board in an area accessible to
employees for the purpose of posting meeting notices and official Union
information. Notices will be posted only by Unit officers of the Union and will be
in keeping with the spirit and intent of this Agreement.
-13ARTICLE 16- REPORTING ALLOWANCE
16.01
In the event that an employee reports for work on his regular shift, without having
been notified within twelve ( 12) hours of the start of their shift, he will be given at
least four (4) hours work at his regular rate of pay or if no work is available, he
will be paid the equivalent of four (4) hours at his regular rate of pay in lieu of
work. This provision shall not apply when there is a lack of work due to a
situation beyond the control of the Company.
ARTICLE 17- CALL-IN PAY
17.01
(a)
A Full-time employee who agrees to come to work outside his regular
working hours at the request of the Company shall be paid a minimum of
three (3) hours at the appropriate overtime rate for all hours worked.
(b)
The provisions of (a) above shall not apply when an employee is called
to work immediately prior to the start or immediately following the end of
his scheduled shift.
ARTICLE 18- PAYMENT FOR INJURED EMPLOYEES
18.01
In the event that an employee is injured in the performance of his duties, he shall,
to the extent that he is required to stop work and receive treatment, be paid for
wages the remainder of his shift. If it is necessary, the Company will provide, or
arrange for, suitable transportation for the employee to the doctor or hospital and
back to the workplace and/or to his home as necessary.
ARTICLE 19 -JURY AND WITNESS DUTY
19.01
Full-time Employees Only
An employee shall be granted leave of absence with pay at his regular hourly
rate, for the normally scheduled number of hours the employee would have
otherwise worked for the purpose of serving jury duty, or as a material witness
subpoenaed by the Crown. Provided that the employee shall reimburse the
Company to the full amount of jury pay or witness fees excluding the expense
allowance received by him.
ARTICLE 20- HEALTH AND SAFETY
20.01
It is a mutual interest of the parties to promote health and safety in the workplace
and to prevent and reduce the occurrence of workplace injuries and occupational
diseases. The parties agree that health and safety is of the utmost importance
and agree to promote health and safety throughout the organization. The
Company shall provide orientation and training in health and safety to new and
current employees on an on-going basis, and employees shall attend required
health and safety training sessions. An employee attending any required health
-14and safety training shall be paid at the applicable regular or overtime rate for all
time spent attending any training sessions. Accordingly, the parties fully endorse
the responsibilities of employer and employee under the Occupational Health
and Safety Act, making particular reference to the following:
• The employer shall ensure that the equipment, materials and protective devices
deemed necessary by the employer to protect employees from injury are
provided.
• The employer shall take every precaution reasonable in the circumstances for
the protection of a worker.
• The employee shall use or wear the equipment, protective devices or clothing
that the employer requires to be used or worn.
• The employee shall not use or operate any equipment, machine, device or thing
or work in a manner that may endanger himself, herself or any other worker.
20.02
Joint Health and Safety Committee
The Company and the Union shall maintain an Occupational Health and Safety
Committee consisting of not more than three (3) members elected or appointed
by the Union and not more than three (3) members appointed by the Company.
It is the function of a committee and it has power to,
(a) make a monthly inspection of the place of employment for the purpose of
determining hazardous conditions, to check unsafe practices and to receive
complaints and recommendations with respect to these matters;
(b) investigate promptly all serious accidents and any unsafe conditions or
practices which may be reported to it, even though such conditions or
practices have not caused injury;
(c) hold regular meetings for the discussion of current accidents, their causes,
suggested means of preventing their recurrence, reports of investigations and
inspections and any other health and safety issue deemed necessary for
discussion;
(d) make recommendations to the employer and the workers for the
improvement of the health and safety of workers;
(e) recommend to the employer and the workers the establishment,
maintenance and monitoring of programs, measures and procedures
respecting the health or safety of workers;
(f) obtain information from the employer respecting,
(i) the identification of potential or existing hazards of materials,
processes or equipment, and
-15(ii) health and safety experience and work practices and standards in
similar or other industries of which the constructor or employer has
knowledge;
(g) obtain information from the employer concerning the conducting or taking of
tests of any equipment, machine, device, article, thing, material or biological,
chemical or physical agent in or about a workplace for the purpose of
occupational health and safety; and
(h) be consulted about, and have a designated member representing workers be
present at the beginning of, testing referred to in clause (g) conducted in or
about the workplace if the designated member believes his or her presence
is required to ensure that valid testing procedures are used or to ensure that
the test results are valid.
(i)
keep records of all investigations, inspections, complaints, recommendations
together with minutes of meetings. The minutes shall indicate what action
has been taken with respect to suggestions or recommendations previously
made, and if no action has been taken, the reasons therefor shall be given.
Where an investigation is required under the Occupational Health and Safety Act,
the Union certified member of the Committee shall participate in the investigation,
recognizing the interests of a Union representative to be involved in an
investigation involving Union members.
Meetings shall be held every two (2) months and as frequently as monthly, at the
call of the co-Chairs. The Committee shall maintain minutes of all meetings and
make the same available for review.
Time off for representatives to perform these duties shall be granted as follows:
A member of a committee is entitled to,
A)
one hour or such longer period of time as the committee determines is
necessary to prepare for each committee meeting;
B)
such time as is necessary to attend meetings of the committee;
C)
such time as is necessary to carry out the member's duties;
D)
20.03
A member of a committee shall be deemed to be at work during the
times described in subsection (34) and the member's employer shall pay
the member for those times at the member's regular or premium rate as
may be proper.
Unless otherwise prescribed, the employer shall ensure that at least one member
of the committee representing the employer and at least one member
representing the union are certified members. If a certified member resigns or is
unable to act, the employer shall, within a reasonable period of time, take all
-16steps to ensure that a replacement is trained. Such training shall be paid for by
the Company.
20.05
No employer or person acting on behalf of an employer shall,
(a) dismiss or threaten to dismiss a worker;
(b) discipline or suspend or threaten to discipline or suspend a worker;
(c) impose any penalty upon a worker; or
(d) intimidate or coerce a worker,
because the worker has acted in compliance with the Occupational Health and
Safety Act of Ontario or the regulations or an order made thereunder, has sought
the enforcement of the Act or the regulations or has given evidence in a
proceeding in respect of the enforcement of the Act.
20.09
(a)
The Company shall supply all protective clothing and other devices
deemed necessary to protect employees from injuries arising from their
employment with the Company.
(b)
The Company agrees to reimburse to any employee reasonable costs to
replace clothing that is torn or damaged while performing regular duties.
ARTICLE 21- STATUTORY HOLIDAYS
21.01
The Company will observe the following holidays:
New Year's Day
Family Day
Good Friday
Easter Sunday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Civic Holiday
21.02
Eligible full-time employees shall receive pay for each holiday equal to the
employee's regular hourly rate of pay multiplied by eight (8) hours. Eligible parttime employees shall receive holiday pay in accordance with Employment
Standards Act.
21.03
To be eligible for holiday pay, the employee must work on his last scheduled
work day immediately preceding and immediately following, unless the employee
was unable to work because of illness or accident, leave of absence, or lay-off,
and such absence began not more than ten ( 10) working days prior to the day on
which the holiday is observed.
21.04
The employee shall be required to supply proof of any accident or illness if
requested by the Company for payment of statutory holiday pay.
-1721.06
Any authorized work performed by an employee on any of the above-named
holidays shall be paid at the rate of time and one and one-half (1-1/2) in addition
to holiday pay.
ARTICLE 22 ·VACATION WITH PAY
22.01
(Article 22.01 through 22.05 apply to Full-time Employees Only)
Vacation Pay
Vacation credits will be accrued for the next vacation year at the following rates in
each pay period during which wages are paid to a full-time employee:
One (1) week
Two (2) weeks
Three (3) weeks
Four (4) weeks
Five (5) weeks
Six (6) weeks
40 divided by 26 =1.54 hours/pp
80 divided by 26 = 3.08 hours/pp
120 divided by 26 = 4.62 hours/pp
160 divided by 26 = 6.15 hours/pp
200 divided by 26 =7.69 hours/pp
240 divided by 26 = 9.23 hours/pp
Vacation pay will be based on the hours taken as vacation, reducing the vacation
bank accordingly.
Vacation Time Off
(a)
An employee who has less than one ( 1) year of service as of March 31st
shall be entitled to one (1) week's vacation prorated based on the
employee's date of hire prior to March 31st.
(b)
An employee who has one (1) year but not more than two (2) years of
service as of March 31st of the current year shall be entitled to two (2)
weeks of vacation.
(c)
An employee who has two (2) years but not more than four (4) years of
service as of March 31st of the current year shall be entitled to three (3)
weeks of vacation.
(d)
An employee who has four (4) years but not more than seven (7) years
of service as of March 31st of the current year shall be entitled to four ( 4)
weeks of vacation.
(e)
An employee who has seven (7/ years but not more than twelve (12)
years of service as of March 31 s of the current year shall be entitled to
five (5) weeks of vacation.
(f)
An employee with twelve (12) years of service or more as of March 31st
of the current year shall be entitled to six (6) weeks of vacation.
-18(g)
An employee who is hospitalized because of sickness or accident while
on scheduled vacation will be considered as being on sick leave during
the period of hospitalization. Any unused vacation time may be
rescheduled at a future date, mutually agreeable to the employee and to
the Company.
22.02
Vacations shall not be accumulated or waived but must be taken within the
current fiscal year.
22.03
An employee, who leaves the employment of the Company for any reason shall
receive vacation pay based on vacation entitlement earned and not taken up to
the date of separation.
22.06
(Part-time Employees Only)
Part-time employees shall receive unpaid time off for vacation and shall receive
vacation pay equal to four per cent (4%) of earnings in each pay period.
ARTICLE 23 -WAGES
23.04
Payment of Wages
The Company agrees that all employees shall be paid every two (2) weeks by
Direct Deposit on a Thursday.
23.05
New or Changed Jobs
When a new classification in the bargaining unit is established, the Company
shall notify the Union of such new classification and the rate of pay which is
established. If requested within fourteen (14) calendar days of such notification,
the Company agrees to meet with the Union to permit the Union to make
representations with respect to the appropriate rate of pay, providing any such
meetings shall not delay the implementation of the new classification. Where the
Union challenges the rate established by the Company and the matter is not
resolved following the meeting with the Union, the matter may be referred to
grievance provisions contained in this collective agreement.
ARTICLE 24 • HOURS OF WORK AND OVERTIME
24.01
(a)
Recognizing the 24-hour, seven (7) days per week nature of its
operations, the Company observes the following shift definitions:
Day Shift
Afternoon Shift
Night Shift
0600h - 1800h
11 OOh - 2300h
1800h - 0600h
-19(b)
The normally scheduled hours of work for Full-time employees shall be
eighty (80) hours bi-weekly including six (6) twelve-hour shifts and one
(1) eight-hour shift. Regular hours of work shall be thirty-six (36) hours
and forty-four (44) hours total bi-weekly.
(c)
Part-time employees shall not normally be scheduled for more than
twenty-four (24) hours of work per week.
24.02
Overtime shall not be duplicated for the same hours worked, nor shall overtime
be pyramided with any other premiums payable.
24.03
Authorized overtime shall be paid after eighty (80) hours worked bi-weekly.
24.04
A period of up to ten (10) minutes may be required prior to the commencement of
a shift to permit an orderly shift change and exchange of reporting. Such period
shall be considered to be a part of the normal shift. Where an employee is
required to remain at work for more than fifteen (15) minutes at the completion of
a shift for purposes of reporting, the entire reporting period may be claimed as
overtime.
24.05
(a)
Employees shall be allowed an uninterrupted ten (10) minute paid rest
period during each half shift as scheduled. A 4-hour shift shall include
one (1) uninterrupted ten (10) minute paid rest period as scheduled.
(b)
Employees agreeing to work overtime for two (2) or more hours will be
allowed a ten (10) minute paid rest period at the beginning of each two
(2) hour period worked.
24.06
The Company will post part-time relief schedules for employees at least a week
in advance of the required work.
24.07
The Company shall distribute shifts available for part-time work as equitably as
possible amongst the part-time employees who have indicated availability.
After the schedule has been posted, call-ins shall be offered on a rotational
basis in order of seniority amongst the part-time employees who have indicated
availability.
ARTICLE 25- INSURANCE-WELFARE BENEFITS AND PENSIONS
25.01 (25.01 (a) through (d) applies to Full-time Employees Only)
The Company agrees to continue the following benefit plans subject to plan
requirements (including enrolment) as amended by the benefit carrier or legislation:
-20(a)
Weekly Indemnity- Employer contribution one hundred per cent (1 00%) of
the premium; 57% of weekly salary, maximum equal to El maximum;
elimination period 0-0-7 (accident zero waiting days, hospital zero waiting
days, illness seven (7) waiting days; duration seventeen weeks;
(b)
Life Insurance and AD & D- Employer contribution one hundred per cent
(100%) of the premium;
(c)
Health Care and Vision Care- Employer contribution one hundred per cent
( 100%) of the premium; drug claims paid on basis of 80/20 co-payment (20%
employee paid); vision care maximum of $250 per insured every 24 months
(increasing to $300 April1, 2014) and reimbursement of eye examination to
a maximum of $125 per insured every 24 months; coverage for orthotics to a
maximum of $400 per annum, per insured; and chiropractic services and
massage therapy to a maximum of $400 per annum, per insured for each
service (increasing to $500 April 1, 2014.)
(d)
Dental Plan - Employer contribution one hundred per cent (100%) of the
premium and claims paid on basis of 80/20 co-payment (20% employee
paid) to a maximum of $1500 per insured; including major restorative care
(crowns and bridgework) on the basis of 50/50 co-payment.
(e)
Pension Benefits - Employer contribution equal to employee contribution to a
maximum of two per cent (2%) of earnings to a defined contribution pension
plan (Registration# 1212430).
ARTICLE 27- BEREAVEMENT PAY (Full-time Employees Only)
27.01
The Company agrees that when an employee is absent from work due to death
in the immediate family, he will be granted three (3) consecutive days leave
including the day of the funeral, without loss of earnings. Immediate family shall
mean immediate family of the employee in each case. Immediate family is
deemed to include spouse, son, daughter, mother, father, sister, brother, brother
or sister-in-law, mother or father-in-law, grandparents, or grandchildren of the
employee. Consideration will be given to requests for a greater number of days
of leave, on an unpaid basis, as requested by an employee.
-21ARTICLE 28 - HUMANITY FUND
28.01
The Company agrees to deduct the equivalent of one ($0.01) cent per hour for
each hour worked from the wages of all employees in the Bargaining Unit, and
remit all monies collected, monthly, by cheque, to the:
Humanity Fund
c/o United Steelworkers of America
234 Eglinton Avenue East
Toronto, Ontario
M4P 1K7
The Company agrees to include the total amount deducted from each employee
on their individual T4 slip.
ARTICLE 29 • SEVERANCE
29.01
The Employer will pay severance pay in accordance with the Employment
Standards Act of Ontario for each completed year of unbroken service (and 1/12
(one-twelfth) of a weeks' pay for each completed month in an incomplete year) to
employees who are permanently laid off or terminated due to a permanent,
partial or total closure of the Secure facility. Severance pay will be based on the
employee's regular straight time rate.
The Employer shall also participate in all retraining programs and counselling
programs that are mutually agreed upon by both Parties.
-22-
ARTICLE 30 - DURATION
30.01
30.02
This Agreement shall become effective on date of ratification, and shall continue
in effect up to and including the 31st day of March, 2016.
Either Party desiring to renew or amend this Agreement may give notice in writing
of its intention during the last ninety (90) days of its operations.
30.03
If notice of the intention to renew or amend is given by either Party pursuant to
the provisions of the preceding paragraph, such negotiations shall commence not
later than thirty (30) days after such notice or as soon thereafter as is mutually
agreed.
30.04
If pursuant to such negotiations, an Agreement is not reached on the renewal or
amendment of the Agreement prior to the current expiration date, the Agreement
shall continue in effect in accordance with the terms of the Ontario Labour
Relations Act.
Duly Executed by the Parties hereto this
SIGNED ON BEHALF OF
THE UNION
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-23Appendix "A" - Wages
Current
Classification
PT progression
FT Youth Care Worker
PT Youth Care Worker
FT Maintenance
PT Maintenance
Trades
PT Cook
Janitor
Start
18.31
14.45
18.31
14.45
18.31
14.45
14.45
Step 1
Step 2
Step 3
Step 4
850 hours
1700 hours
3400 hours
5100 hours
18.91
15.02
18.91
15.02
18.91
15.02
15.02
19.24
15.85
19.24
15.85
19.24
15.85
15.85
19.75
16.96
19.75
16.96
19.75
16.96
16.96
20.35
18.25
20.35
18.25
20.35
18.25
18.25
Progression shall occur six (6) months after the employee's date of employment (FT) or
after 850 hours (PT); thereafter progression shall occur upon the employee's anniversary
date of employment (FT) or each 1700 hours (PT)
An employee who is promoted to a higher rated classification within the bargaining unit will
be placed in the range of the higher rated classification based on the following formula:
Employee at Start, Step 1 or Step 2 moves to Start of the higher rated
classification
Employee at Step 3 moves to Step 2 of the higher rated classification
Employee at Step 4 moves to Step 3 of the higher rated classification
-24Letter of Understanding # 1
For the duration of the current collective agreement only:
(a)
The Local Unit Chairperson and Chief Steward shall have top facilitywide seniority in case of lay-off and shall be retained by the Company on
work they are willing and able to perform.
(b)
The Local Unit Chairperson and Chief Steward who are retained in
employment due to the provision of (a) above shall only be entitled to job
preference based on their natural seniority rating.
-25-
letter of Understanding# 2
For the duration of the current collective agreement only:
Within ninety (90) days of ratification, employees in the classification of Full Time
Youth Care Worker will be given the opportunity to select the day of the week
(Monday - Friday) upon which their short shift falls, in order of seniority.
Selection shall be made from days of the week as distributed by the Company.
The parties acknowledge that this may result in an alteration of the current work
schedule of some employees. This process may be repeated once annually at
the request of the Union.
-26Letter of Understanding # 3
For the duration of the current collective agreement only:
The parties agree that a joint working group composed of two (2) representatives
each from the union and management will be struck to research health and
dental benefits for non-probationary part-time employees. Such research shall
not bind either party to any position with respect to future bargaining.
Ray of Hope Vacation with Pay
The Company and the Union agree that the accrual rate and the time frame in which
an employee(s) was entitled to take their accrued vacation will remain the same as what
was provided for prior to this round of bargaining, as outlined below. (See table below)
Years worked
Vacation Hrs.
being Accrued
Vacation Hrs. To
Take
Up to 1 year
80
0
Year 2
80
80
Year 3
120
80
Year4
120
120
Year 5
160
120
Year 6
160
160
Year 7
200
160
YearS
200
200
Year9
200
200
Year10
200
200
Year 11
200
200
Year 12
Year 13 and
beyond
240
200
240
240
MEMORANDUM OF SETTLEMENT
Between:
Ray of Hope- operating as Ray of Hope Youth Justice Services- Secure
("Employer")
-andUnited Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union (United Steelworkers)
("Union")
The parties herein agree to the terms of this Memorandum of Settlement as constituting full and
final settlement of all matters at issue and all Employer and Union proposals not in this
Memorandum of Settlement are deemed withdrawn.
The undersigned representatives of the parties do hereby agree to recommend complete
acceptance of all the terms of the memorandum to their respective principals and the Union and
the Employer agree to hold a ratification vote for its members/principals in respect to this
memorandum as soon as possible.
The parties herein agree that the term of the Collective Agreement shall be from the date of
ratification by both parties until March 31, 2016.
The parties herein agree that the said Collective Agreement shall include all matters agreed
between the parties as reflected in "Agreed Issues March 12, 2014" attached, in addition to the
following compensation adjustments:
Effective April 1, 2014 apply a wage increase to all classifications of one and one-half
per cent (1.5%)
Effective April 1, 2015 apply a wage increase to all classifications of one and one-half
per cent (1.5%)
Signed this
/J K
day of
d1:t r~£
For the Union:
, 2014 at Kitchener, Ontario.
For the Employer:
-
1