Agreement
between
Ontario Public Service Employees Union
on behalf of its Local 602
and
Ontario Lottery and Gaming Corporation
DURATION: April 1, 2019 —
March 31, 2022
Sector 20
Contents
ARTICLE 1— PURPOSE 4
ARTICLE 2 — RECOGNITION 4
ARTICLE 3 — NO HARASSMENT/DISCRIMINATION 4
ARTICLE 4— MANAGEMENT RIGHTS 5
ARTICLE 5 — NO STRIKE/NO LOCKOUT 6
ARTICLE 6— DUES DEDUCTION 6
ARTICLE 7— UNION REPRESENTATION 7
7.01 Union Stewards 7
7.02 Negotiating Committee 8
7.05 Employee/Employer Relations Committee 8
ARTICLE 8 — OCCUPATIONAL HEALTH AND SAFETY 9
ARTICLE 9 — DISCIPLINE, SUSPENSION OR DISMISSAL 9
ARTICLE 10 — SENIORITY 11
10.03 Probation 12
10.05 Temporary Placements 12
10.06 Loss of seniority and Termination of Employment 13 ARTICLE 11 — GRIEVANCE & ARBITRATION PROCEDURE 13
11.15 Board of Arbitration (" Board") 16
11.16 Single Arbitrator 17
11.17 Expedited Arbitration 17
11.20 Mediation 18
ARTICLE 12 — POSTING 18
ARTICLE 13 — HOURS OF WORK 19
ARTICLE 16 — LAYOFF 24 16.03 Voluntary Layoff 25 16.05 Recall 25 16.07 Severance 26 ARTICLE 17 — VACATIONS 26 17.01 General 26
17.02 Vacation Entitlement for Full-time Employees 28 17.03 Vacation Entitlement for Part-Time Employees 28
ARTICLE 18 — DESIGNATED HOLIDAYS 29
18.07 Religious Holidays 30
ARTICLE 19 — ABSENCES FROM WORK 30
ARTICLE 20 — HEALTH, DENTAL AND LIFE 30
ARTICLE 21 —WORKPLACE SAFETY AND INSURANCE 31
ARTICLE 22 — SHORT TERM SICKNESS PLAN AND LONG TERM INCOME PROTECTION PLAN 31
Short Term Sickness Plan ( STSP) 31
Long Term Income Protection Plan ( LTIP) 31
ARTICLE 23 — BULLETIN BOARDS 32
ARTICLE 24— GENERAL 33
24.01 Tips 33
24.02 Education and Training 33
24.03 Uniforms 33 24.04 Expenses 33 24.05 Licences 34 24.06 Employees' Consent 34 24.07 Personnel File 34 24.08 Employee Lockers 34
24.09 Copies of the Agreement 35
ARTICLE 25 — WORK OF THE BARGAINING UNIT 35
ARTICLE 26 — DEFINITIONS 35
ARTICLE 27 — DURATION 35
SCHEDULE A — CONTRACT EMPLOYEES 37
ARTICLE I — PURPOSE
1.01 The purpose of this Collective Agreement is:
a) to establish and maintain a collective bargaining relationship between the Parties in accordance with the provisions herein;
b) to define and regulate a working relationship that will provide the highest level of service and value; and
c) to recognize, reward and uphold the paramount importance of integrity and security in an industry where all involved are regulated, licensed or registered by the Alcohol and Gaming Commission of Ontario.
1.02 This Agreement is the full agreement between the parties and there are no representations, practices or warranties made prior to the ratification of this Collective Agreement which add to, interpret or create any rights or obligations which are not expressly stated or contained herein.
ARTICLE 2— RECOGNITION
2.01 The Employer recognizes the Ontario Public Service Employees Union (OPSEU) as the sole and exclusive bargaining agent of all employees of the Ontario Lottery and Gaming Corporation employed as Security Officers in the Corporate Security Services Department at 70 Foster Drive in the City of Sault Ste. Marie, save and except Supervisors, persons above the rank of Supervisor and any other persons for whom any other trade union held bargaining rights as of November 6, 2015.
2.02 OPSEU must remain a Registered Supplier under the Gaming Control Act and agrees to inform the Employer of any loss or suspension of the Registration for it or any of the Individual Registrants dealing with the Employer prior to conducting any further representation.
ARTICLE 3— NO HARASSMENT/DISCRIMINATION
3.02 The Employer, the Union, and the employees agree that there shall be no discrimination exercised or practiced with respect to any employee by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences for which a pardon has been granted, marital status, family status or disability, nor by reason of Union membership or activity. It is agreed that the prohibited grounds of discrimination shall be as defined by the Ontario Human Rights Code, which may be amended from time to time.
ARTICLE 4— MANAGEMENT RIGHTS
4.01 The Union recognizes and acknowledges that the management of the operation by the Employer and direction of the working forces are fixed exclusively in the Employer and that all rights heretofore exercised by the Employer or inherent in the Employer not expressly contracted away by a specific provision of this Agreement are retained solely by the Employer. For greater certainty, and without restricting the generality of the foregoing, the Union acknowledges that except as expressly provided in this Collective Agreement it is the exclusive function of the Employer to:
a) maintain order, discipline and efficiency;
b) hire, assign, direct, promote, demote, classify, transfer, layoff, recall and to suspend, discharge or otherwise discipline employees for cause in accordance with this agreement or without cause where expressly provided in the agreement 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) discipline or discharge probationary employees provided that this is not for bad faith and recognizing that such discipline or discharge is not subject to the grievance/arbitration procedure except as expressly provided for and as limited by this Agreement;
e) to determine in the interest of efficient operations and the highest standards of service: classifications, hours of work, assignments, methods of doing work, job content and the scope of services to be provided;
make, enforce, and alter from time to time policies, rules and regulations to be observed by the employees;
have the sole and exclusive jurisdiction over all operations, buildings, facilities and equipment and all decisions related to same;
h) generally manage and operate the activities of the Employer.
4.02 No employee shall be required or permitted to make a written or verbal agreement with the Employer or its representatives, which may conflict with the terms of this Collective Agreement.
ARTICLE 5— NO STRIKE/NO LOCKOUT
5.01 The Union will not cause nor condone its members to cause, threaten, nor will any member take part in any illegal strike, sit down, stay in, work slow down, or any curtailment, restriction, interruption or interference in the operations of the Employer, either full or partial, during the operation of this Agreement.
5.02 The Employer shall not call or authorize any illegal lockout nor shall it or its representatives threaten an illegal lockout during the life of this Agreement.
5.03 Strikes and lock-outs are as defined and provided in the Ontario Labour Relations Act, 1995.
ARTICLE 6— DUES DEDUCTION
changes in employment status ( full-time to/from part-time), demotions and terminations and unpaid leaves of absence in excess of thirty (30) days induration.
6.02 The Union will advise the Employer in writing of the amount of its regular dues. The amounts specified shall continue to be deducted until changed by further written notice to the Employer. The Union will provide four (4) weeks of notice prior to a change in dues becoming effective.
6.03 The Union and the employees agree to save the Employer harmless and to indemnify the Employer with respect to any claim made against the Employer by any employee, group of employees, or the Union, arising out of the operation of this Article.
ARTICLE 7— UNION REPRESENTATION
7.01 Union Stewards
a) The Union may elect or appoint Union Stewards from among the employees in the bargaining unit. The Employer will recognize two ( 2) of these Stewards, provided that they have completed their probationary period.
b) The Union will inform the Employer, in writing, of the names of the Stewards and of any changes in Stewards. The Employer will only recognize such Stewards upon receipt of notification from the Union.
c) The Union acknowledges that the Stewards have regular duties to perform on behalf of the Employer. Stewards may not leave their post and/or regular duties without notifying and receiving permission from Management. Given the requirements of Security, it is understood that consent to leave post and/or regular duties will be prearranged and will only be sought where necessary to attend at grievance step meetings, disciplinary meetings or other meetings set by and with the Employer relating to the bargaining unit. In these defined circumstances, permission will not be unreasonably denied. Upon return to regular duties, the Steward is required to report back to Management.
d) When an employee wishes Union representation, he/she will call and/or conduct such discussions while on break or while away from the workplace.
7.02 Negotiating Committee
a) The Employer agrees to recognize a Union Negotiating Committee comprised of up to two ( 2) employees for the purpose of negotiating the renewal of the Collective Agreement. The Negotiating Committee shall suffer no loss of pay, seniority, service or credits for time spent in negotiations up to and including Conciliation. OPSEU will reimburse the Employer for these costs within the standard OLG Accounts Receivable terms.
b) Upon the provision of at least two (2) weeks of notice and as far in advance as reasonably possible, the Negotiating Committee will be granted time off without loss of pay, seniority, service or credits for caucus and preparation time. The approval of these requests is subject to operational requirements but approval will not be unreasonably denied. OPSEU will reimburse the Employer for replacement costs for time spent in caucus and preparation within the standard OLG Accounts Receivable terms.
7.03 OPSEU representatives registered with the AGCO may provide assistance to employees subject to any limitation imposed by the registration but will not interfere with the Employer's operation. OPSEU representatives will not visit with employees in the bargaining unit during working hours without previous arrangements being made with the Human Resources Manager, or designate, nor will they attend in non-public areas of the Employer's facility without accompaniment being arranged with the Human Resources Manager, or designate. It is agreed that accompaniment by a Security Officer from the bargaining unit does not provide the required degree of separation for internal control.
7.04 New employees will be provided with a list of the Stewards in the bargaining unit. They will also be provided with a copy of the Collective Agreement. The Stewards shall be advised of all new hires and their status, whether part-time or full-time. New employees will be granted an opportunity to attend and participate in an orientation session facilitated by a Steward. The Union shall be granted up to one half hour to conduct such an orientation session. It is agreed that Employees and the Union Steward will only be paid for one half hour at straight time for this session.
7.05 Employee/Employer Relations Committee
both a full-time and a part-time employee. It is understood that attendance at these meetings will be considered to be a duty assignment paid at straight time for the duration of the meeting up to a maximum of two ( 2) hours. These hours will not be counted as hours for the purpose of the calculation of overtime.
b) The purpose of the Employee/Employer Relations Committee is to discuss items of concern to management or employees. The committee shall not have the power to alter, amend or modify the specific terms of the Agreement.
c) When the Employer or Union wishes to convene an Employee/Employer Relations Committee Meeting, it will notify the other party in writing. Meeting dates, times and locations will be mutually agreed upon. Such requests for a meeting shall not exceed three (3) times per calendar year, or more frequently as may be mutually agreed. The Parties shall provide one another with a clearly defined written agenda for the meeting at least five ( 5) days prior to the meeting date. An AGCO registered Union Representative may be present at an Employee/Employer Relations Meeting at the request of the Union. The Union and the Employer shall alternate providing a Chairperson and taking minutes of the meetings. Minutes that are approved and signed by both parties may be posted by the Union on the designated Union bulletin board.
ARTICLE 8— OCCUPATIONAL HEALTH AND SAFETY
8.01 The Employer, the Employees and the Union agree that they each have responsibilities and obligations in the Occupational Health and Safety Act and will abide by these.
ARTICLE 9— DISCIPLINE, SUSPENSION OR DISMISSAL
9.01 The Employer recognizes the principle of corrective progressive discipline. However, the type of conduct may warrant administering discipline at a more advanced step in the process.
9.03 A progressive disciplinary procedure will befollowed as outlined below:
Stage 1 — WrittenCounsel
Stage 2 — Written Counsel
Stage 3 — Final/Written Counsel
Stage 4 — Termination of Employment
9.04 Similar or like violations are considered together when determining the next disciplinary stage in the progressive disciplineprocedure except where the severity of the incident warrants an advanced disciplinary response, or where the past record of the individual, regardless of the nature of the conduct, warrants an advanced disciplinary response. Violations that are not similar shall be dealt with on an individual basis as defined in 9.03.
9.05 The Employer will provide advance notice to the Union Steward or Staff Representative of any meeting with an employee where discipline will be issued to an employee or where the Employer is investigating an issue that may result in discipline for that employee. TheUnion Steward or Staff Representative will not inform the employee prior to the Employer unless authorized by the Employer to do so. It is understood that the Union will not impede the Employer's ability to ascertain the facts.
9.06 Where discipline or discharge is sent to an absent employee by letter rather than in person, the Union will be provided with a copy of the letter.
9.07 Where an employee maintains a record free from discipline for a period of twelve 12) months, all records of discipline (save and except for serious misconduct) will not be relied upon in future discipline. Upon request by an employee, this stale-dated discipline will be removed from the employee's file after thirty-six ( 36) months (save and except for serious misconduct).
a) Serious misconduct includes but is not limited to:
i) A breach of the Ontario Human Rights Code, ii) Health and safety infractions threatening health,
9.08 It is agreed that discipline should be issued in a timely manner. In most circumstances discipline is to be givenwithin the first five (5) shifts the employee works following the date of the incident or the date the Employer became aware of the incident, unless the incident is being investigated by a law enforcement or regulatory agency. Where there is a basis for the request to extend time limits and where the request is made in writing (including via electronic mail) in advance of the expiry of the time limits, consent to a brief extension will not be unreasonably withheld.
9.09 Where a dismissal is for theft, attempted theft, embezzlement or any other fraudulent actions ( whether involving the Employer, coworkers or customers or outside of the workplace), the Employer must establish that the employee committed the offence and will do so on the basis of clear and cogent evidence. If it is established to an Arbitrator's satisfaction that the employee committed the offence then the dismissal shall be deemed to be for just cause and the arbitration board shall have no power to alter or substitute the penalty.
9.10 In discussions with the Union, the Employer may impose a disciplinary penalty short of discharge for an offence listed above, in light of the specific circumstances of the case and such penalty shall also not be subject to an Arbitrator's discretion. The imposition of such a penalty in one case shall not operate as a limit to management's discretion to impose the penalty of discharge in another case.
9.11 In the case of an investigative suspension, the Employer will have the right to suspend the employee, with pay. Such a suspension is not disciplinary. The Local Steward or Staff Representative will be notified of all investigative suspensions at the time of issuance. Notwithstanding the foregoing, if such suspension is the result of action involving a regulatory or law enforcement agency which results in an investigation of more than seven (7) days, such longer period shall be without pay.
ARTICLE 10— SENIORITY
10.01 ( a) " Seniority", as referred to in this Agreement, shall mean length of continuous service in the bargaining unit from the last date of hire into current classification and status within the bargaining unit.
c)" Bargaining Unit Service", as referred to in this Agreement, shall mean length of continuous employment in this bargaining unit from last date of hire.
d) Full-time and part-time employees shall accrue seniority on the basis of duration of employment in his/her current classification and status since last date of hire into the classification and status.
e) Seniority under this Collective Agreement has no application elsewhere with the Employer.
f) Where an employee moves from part-time to full-time status, or vice-versa, he/she shall retain his/her accrued service attained at the date of the move; however, seniority will be assessed under paragraph 10.01 (c).
10.02 The Employer will maintain two seniority lists, one for non-probationary part-time employees and one for non-probationary full-time employees. The lists shall be in seniority sequence and will indicate name, service date and seniority accrued. The lists shall be updated and posted semi-annually ( January and June each year), and a copy of the lists shall be supplied to the Union at the time of posting.
10.03 Probation
Full-time employees will be probationary employees for the greater of either the first ninety ( 90) calendar days or five hundred and twenty ( 520) hours worked within the bargaining unit, or such greater period as is agreed upon by the parties, and will then be awarded seniority back to the date of hire. Part-time employees will be probationary employees for four hundred and seventy-two and a half (472.5) hours worked within the bargaining unit, or such greater period as is agreed upon by the parties, and will then be awarded seniority back to the date of hire.
10.04 Seniority dates will be maintained and seniority will continue to accrue during any pregnancy or parental leave, WSIB or disability leave and other approved leaves of absence under this Agreement.
10.05 Temporary Placements
10.06 Loss of seniority and Termination of Employment
Seniority will be lost and employment terminated where an employee:
a) voluntarily resigns; or
b) retires; or
c) is dismissed and is not reinstated; or
d) fails to report to work at the expiration of a leave of absence except where a reason satisfactory to the Employer is provided in advance of the expiration of the leave, or works elsewhere without authorization while on a leave of absence; or
e) is recalled and refuses the recall, foregoes recall rights or is recalled and does not return to work within seven (7) days of the notice of recall or make other arrangements which are agreeable to the Employer; or
f) is absent from work for more than three ( 3) consecutive working days except where a reason satisfactory to the Employer is provided for the absence; or
g) is laid off for a period in excess of twenty-four (24) months; or
h) has his/her AGCO registration permanently revoked; or
i) An employee's gaming license is suspended by the AGCO for greater than six (6) months unless the employee appeals the suspension in which case seniority rights and employment shall cease if the appeal is dismissed.
ARTICLE 11 — GRIEVANCE & ARBITRATION PROCEDURE
11.01 Any dispute involving an alleged violation of this Collective Agreement, including any question as to whether or not a matter is arbitrable, may be made the subject of a grievance.
11.03 There are three types of grievances under this Collective Agreement:
An Individual Grievance which is an unresolved complaint of an individual employee wherein he/she believes that the Collective Agreement has been improperly interpreted, applied or administered to his/her detriment.
A Group Grievance which is an unresolved complaint of a group of employees wherein they believe that the Collective Agreement has been improperly interpreted, applied or administered to their collective detriment.
A Policy Grievance which is an unresolved issue arising between the Union and the Employer around the interpretation, application or administration of the Collective Agreement but does not include matters which could be pursued either as an Individual or Group Grievance. A Policy Grievance shall be initiated at the Formal Step of the grievance procedure.
11.04 There are two procedural steps under this Collective Agreement for the resolution of grievances:
a) Informal Procedure (Step 1):
A grievance will first be raised verbally with the Security Manager ( or designate) to provide an opportunity for him/her to address any concern or complaint prior to moving to the Formal Procedure. This meeting and notification of a grievance must be within seven ( 7) days of when the employee became, or ought reasonably to have become aware of the circumstances giving rise to the grievance. The grievor must be present to provide information supporting the grievance. The Security Manager or designate shall give the grievor their decision in writing within seven ( 7) days of the meeting.
b) Formal Procedure (Step 2):
Senior Manager Corporate Security Services during this time. The grievor must be present to provide information supporting the grievance.
11.05 The Formal grievance shall be in writing on a grievance form and shall include:
a) the date of the alleged breach of the agreement;
b) article(s) of the Collective Agreement alleged to have been breached and the events on which the grievance is based; and
c) what specific remedy is being sought.
The Formal grievance form will contain a signature of each grievor seeking a remedy or the steward may sign the grievor's name on his/her behalf.
11.06 Grievances regarding terminations will be initiated at the Formal Procedure (Step 2) and must be filed within seven (7) days following the date of the termination.
11.07 The Employer may terminate the employment of a probationary employee so long as the termination does not occur solely for bad faith. Probationary discipline and terminations are subject to the grievance/arbitration procedure only as expressly provided for in this Agreement and no arbitrator will reinstate an employee unless this is pursuant to the provisions of the Employment Standards Act, Occupational Health & Safety Act or the Ontario Human Rights Code.
11.08 Time limits referred to in the grievance and arbitration procedures are mandatory and must be strictly complied with. Time limits may be extended by mutual agreement where there is a basis for the request to extend time limits and where it is made in writing in advance of the expiry of the time limits. Consent to a brief extension requested under this article will not be unreasonably withheld. Otherwise failure to comply shall result in the grievance being deemed to have been abandoned notwithstanding the provisions of Section 48 (16) of the Labour Relations Act, 1995.
11.09 Where no response has been given within the time limit specified, the grievance may be submitted to the next step of the procedure within the requisite time frame specified.
11.11 A Union Steward shall be present at all meetings following the filing of a Formal grievance under this Article. The Union Steward and/or OPSEU Staff Representative will present the grievance, and act as spokesperson for the grievor if necessary. If the employee so chooses, the Union Steward will act only as a silent witness.
11.12 Meetings involving grievances shall be at timesmutually agreed to and a grievor who attends such a meeting during normally scheduled working time shall not suffer any loss of pay for time spent at such a meeting. Those employees who are attending grievance meetings (informal or formal) outside their normally scheduled working hours, will not be compensated for their time by the Employer.
11.13 Where it is mutually agreed that another employee ought to attend at such a meeting, that person will not suffer any loss of pay for time spent at such a meeting.
11.14 If the grievance continues to be pursued after the Formal Procedure response of the Employer ( or after the day on which the Employer should have responded) then the matter may be referred to arbitration, including any question as to whether the matter is arbitrable. The referral to arbitration must be received within a further ten (10) days.
11.15 Board of Arbitration ("Board")
The party wishing to submit a grievance to arbitration should indicate in its notice of intent to arbitrate that it would like the matter heard by either a Board of Arbitration or a single Arbitrator. The recipient of the notice shall inform the other party within seven (7) days of receipt of the notice if it is agreeable or not to the matter being heard by a Board or single Arbitrator. If there is no agreement, the parties shall use a Board of Arbitration pursuant to the following procedure.
Within ten (10) days after the use of a Board is confirmed each party shall respond to the other by indicating the name and address of its nominee to the Board.
The two nominees shall appoint a third person who shall be the chairperson of the Board.
The decision of the majority is the decision of the Board, but if there is no majority, the decision of the chairperson governs. Such decision will be final and binding upon the parties hereto and the employees.
No person may be appointed to the Board who has been involved in an attempt to negotiate or settle the grievance.
The Board shall not be authorized to alter, modify or amend any part of the terms of this Collective Agreement, or to substitute any new provisions in lieu thereof, or to deal with any matter that is not a proper subject for grievance under the Collective Agreement, nor give any decision inconsistent with the terms and provisions of this Collective Agreement. Likewise no arbitrator may create, alter, amend orestablish any employee incentive, benefit or perquisite save and except as expressly provided by this Agreement.
Each party shall pay one-half (1/2) of the fees and expenses of the Chairperson of the Board. Each of the parties hereto shall bear the expense of its own nominee.
11.16 Single Arbitrator
As provided in Article 11.14 the parties may agree to substitute a single Arbitrator to hear the matter indispute instead of a Board of Arbitration. If so, the process shall be followed as above in 11.14 with the role of the nominees in the appointment process being undertaken by the Union and the Employer directly.
The parties will equally share the fees and expenses of the Arbitrator.
A single Arbitrator has the same authority as a Board of Arbitration, as set out in this Article.
11.17 Expedited Arbitration
The parties may also agree to apply for expedited arbitration or consensual mediation-arbitration under the provisions of Ontario Labour Relations Act, 1995, provided that the grievance procedure shall not be by-passed and no matter shall proceed to arbitration that has not been properly and fully processed through that procedure, and provided the referring party first makes some attempt to find a mutually agreeable date and arbitrator.
subpoenaed to attend, and who does so with pay from the Employer, shall remit to the Employer any appearance fees or conduct monies so received.
11.19 No adjustment effected under the grievance or arbitration procedure shall be made retroactive prior to the date that the complaint was first discussed or presented to the Employer under and in accordance with this Collective Agreement except where this is to address an error which was not and could not have been known to the grievor.
11.20 Mediation
The parties may mutually agree to refer a grievance, or multiple grievances, to a mediator before proceeding to arbitration. The selection of a mediator will be mutually agreed to and costs shall be shared equally by the parties. The mediation shall be conducted on a without prejudice or precedent basis and shall not otherwise affect any timelines or provisions of the grievance/arbitration process. In the event that the matter is not settled by mediation, then the matter may be resolved at arbitration. The referring party shall contact the other and agree on a satisfactory selection process.
ARTICLE 12— POSTING
12.01 Where there is a position vacancy in the bargaining unit's permanent full-time ranks, which the Employer intends to fill, the Employer will post and fill the vacancy according to the procedures in this Article.
12.02 Posting shall be placed on a designated bulletin board, and shall clearly indicate the deadline date for the application and the location or persons to whom applications shall be made. The posting period shall be for not less than seven (7) calendar days from the date of posting. Employees may leave an application if they are scheduled to be away for a period of more than seven (7) calendar days and will not be available to submit an application.
12.03 No applicants from outside the Security Department will be hired unless the posting and selection process is completed and no internal applicant was selected.
12.04 ( a) After the deadline for applications has passed, the Employer may schedule and arrange any tests and interviews.
Skill, knowledge, qualifications, and ability, including, but not limited to a review of work experience, work, performance, training, registration status, culpable absenteeism and disciplinary record.
Should several candidates be relatively equal, then seniority will be the determining factor.
12.05 If additional personnel are required within sixty (60) days after the date the original posting was filled, the position will not be re-posted and a candidate will be selected from the original qualified applicants.
ARTICLE 13— HOURS OF WORK
13.01 The normal hours for work for full-time employees shall be seventy-two point five 72.5) hours worked every two (2) weeks (exclusive of unpaid breaks).
13.02 All full-time employees will be scheduled at least forty-eight (48) consecutive hours off work in every work week except in those emergency instances where there are no available non-overtime employees or where required for a rotational schedule changeover or subject to a negotiated work week agreement, or otherwise with the employee's agreement.
13.03 It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked for all employees 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.
13.04 If an employee is called into work, he will be paid for all hours worked. Where the employee is called into work on less than twelve (12) hours notice he or she will be paid for a minimum of four (4) hours work at the employee's regular rate or the applicable overtime rate.
13.05 It is understood that there will be a minimum of eleven (11) hours between shifts unless otherwise agreed to by the Employee and Employer or to address an emergency, unforeseen circumstance or urgent work.
13.06 Schedules
A shift schedule for part-time employees will be posted at least fourteen (14) days prior to the commencement of the shift for work known to be required at the time of posting ("core schedule").
It is the sole discretion of the Manager, or designate, to post any schedules more than fourteen (14) days in advance and it is understood that if any schedules are posted more than fourteen ( 14) days in advance, they shall be considered draft only and will not be considered a "core schedule" until fourteen (14) days prior to the commencement of the shift.
13.07 Core hours will be distributed as equitably as possible amongst part-time employees. In creating the core schedules for part-time employees, an attempt will be made to ensure that part-time employees are scheduled at least two (2) consecutive days off in every work week, if possible.
It is understood that the posted core part-time schedule is subject to change and employees are responsible for reviewing the schedule on an ongoing basis for any changes. If a change is made by the Employer within forty-eight (48) hours, the employee will be notified via telephone by the Employer. Following the posting of the core schedule, additional shifts that become available shall be offered beginning with the employee who has the least number of scheduled hours in the current pay period. Should no employee accept the shift, it will be assigned to the least senior part-time employee.
Employees should be available to receive calls by maintaining a voice mail system or by returning calls on call display and failure to maintain such a system relieves the Employer of its obligation.
13.08 Shift Exchanges
13.09 Overtime
The parties to this Collective Agreement recognize that the needs of the business require the performance of overtime work from time to time. All overtime will be approved in advance by the Security Manager or designate.
13.10 Subject to practical considerations and operational requirements, the Employer will offer overtime opportunities as follows:
a) When the Employer requires an employee or employee(s) to work overtime of four (4) hours or less, the Employer will ask qualified employees who are on duty on the shift before or the shift after the shift where overtime is required if they wish to work the overtime, starting with the most senior qualified employee ( full-time first and then part-time). If insufficient employee(s) volunteer to work overtime, the Employer will assign the overtime to the most junior qualified employee(s) (part-time first then full-time).
b) When the Employer requires an employee or employee(s) to work overtime of more than four (4) hours, the Employer will contact qualified employees who are not currently on duty. If an insufficient number of employee(s) volunteer to work overtime, the Employer will assign the overtime to the most junior qualified employee(s) (part-time first then full-time).
Any verified claim of improper distribution shall result in the employee being given the next opportunity to work overtime.
13.11 Overtime pay shall be paid in quarter-hour increments at the rate of one and one-half (1 %) times the employee's regular hourly rate in respect of all pre-authorized hours worked:
a) in excess of a shift of seven decimal two five (7.25) hours worked, in the case of an employee assigned to seven decimal two five (7.25) hours shifts, or in excess of such longer shift as an employee may be scheduled;
b) in excess of seventy-two decimal five (72.5) hours worked per two week period or in excess of such averaged hours as agreed pursuant to a negotiated work week agreement.
13.13 Rest Periods
a) Employees scheduled for an eight decimal two five (8.25) hour shift will be entitled to a one (1) hour unpaid lunch break.
b) Employees working more than ten ( 10) hours will be entitled to a one (1) hour unpaid lunch break and two ( 2) twenty ( 20) minute unpaid breaks. These breaks may be combined with the approval of the Department Manager.
c) On the day shift Monday to Friday, employees will be permitted to leave the site to take their breaks, except where there is an emergency situation or where insufficient coverage exists. All other breaks will be taken on location in a designated area and employees will be required to maintain contact during their breaks. Employees working alone on the night shift and on weekend shifts will be paid at the applicable overtime rate for their breaks.
d) Where an employee who is on a break is required to address a workplace issue then they will be allowed to continue their break after completion of the work assignment. If it is not possible to continue their break, he or she will be paid at his or her regular rate or, where applicable, at the applicable rate for the time worked.
ARTICLE 14 — WAGES
14.01 The salary range for employees in the bargaining unit is:
CLASSIFICATION MINIMUM RATE SALARY/HOURLY
MAXIMUM RATE SALARY/HOURLY Security Officer $ 32,800/$17.35 $ 55,560/$29.39
14.02 Shift Premium
a) An employee shall receive a shift premium of fifty two cents ($0.52) per hour for all hours worked between 5:00 p.m. and midnight. Where more than fifty percent (50%) of the hours worked fall within the period of 5:00 p.m. and midnight, the fifty-two cents ($0.52) per hour premium shall be paid for all hours worked on that shift.
and 7:00 a.m., the sixty-two cents ($ 0.62) per hour premium shall be paid for all hours worked on that shift.
c) Shift premiums will be added to the employee's regular rate ofpay.
ARTICLE 15— LEAVES
15.01 Employees in the bargaining unit will be provided with the following leaves, in accordance with the Employer's policies, as may be amended from time to time. The Employer agrees to notify the Union as far in advance as practicable of any proposed changes to these leaves at the Employee/Employer Relations Committee meeting.
a) Bereavement Leave
b) Pregnancy and Parental Leave
c) Personal Leave of Absence
d) Jury Duty
e) Military Leave
f) Emergency Leave
15.02 Union Leave
a) When an employee is elected to a full-time position with OPSEU, the Employer shall, upon six (6) weeks' written notice (or lesser amount where that is possible but in no case less than three (3) weeks), grant a leave of absence without pay and without loss of seniority for the duration of such leave for up to two (2) years. During his time period, the employee may, upon four ( 4) weeks' written notice, be returned to the position held immediately prior to the commencement of the leave. This leave of absence is limited to one (1) employee during the life of the Agreement.
c) TheEmployer may be asked to grant a leave of absence without pay for up to one ( 1) person in any twenty-four ( 24) hour period to attend at Union functions. This leave will be granted where it does not interfere with the operation of the Employer, does not result in overtime, does not impact on scheduled vacation and is not used for a purpose contrary to the Employer's interests. There must be at least fourteen (14) days written notice of the request for the leave of absence and there are to be no more than a total of ten ( 10) days per year. Additional requests for Union leave over the aggregate of ten (10) days will be considered by the Employer if it does not interfere with the operations of the Employer.
d) For all leaves listed in Article 15.02, the Employer agrees to maintain the employee's salary and applicable benefits. The Union agrees to reimburse the Employer in the amount of the full cost of such salary and benefits within a reasonable period of time.
ARTICLE 16— LAYOFF
16.01 The Employer will provide all notice, pay in lieu of notice and/or severance required under the Employment Standards Act in the event of a layoff. Where possible, the Employer will give seventy-two ( 72) hours notice of layoff to the affected employees and to the Union and, if requested, will meet to discuss the layoff with the OPSEU Staff Representative during this notice period.
16.02 Should it become necessary to reduce the workforce, the following will apply:
a) Probationary and contract employees will have their employment ended.
b) The Employer will determine the number of positions to be reduced. Layoffs of full-time and part-time employees will begin with the most junior employee where the remaining employees have the requisite skill, knowledge, qualifications and ability to perform the job.
Bumping Procedure
In the event one or more full-time employees are identified for a layoff of in excess of fourteen (14) days, the following will apply:
b) Any most junior part-time employee impacted by (a) above will be laid off;
c) Notice to one employee will be notice to all and the junior employee(s) laid off will be provided with a Record of Employment and will await recall.
16.03 Voluntary Layoff
An employee who has not received a notice of layoff may make an offer of voluntary layoff where there is another employee who has received notice of layoff. If such request is made before the layoff has become effective and is acceptable to the Employer, the Employer will substitute this employee for the employee on notice of layoff. If more employees make an offer of voluntary layoff than the number of layoff notices issued by the Employer, the most senior employees will be offered the layoff opportunity, seniority will be the deciding factor.
16.04 The Employer shall maintain the payment of its share of any applicable benefit premiums up to the end of the month following the month of layoff or such longer period as is required under the Employment Standards Act, which may be amended from time to time.
16.05 Recall
a) Employees who are laid off shall be placed on a recall list and shall retain and accrue seniority for a maximum of twenty-four (24) months.
b) Where the Employer determines that it needs to recall staff, employees laid off shall be recalled in reverse order layoff. Notwithstanding the foregoing,
I) a full-time employee must accept a recall to a full-time position and/or a part-time position, as required, although recall to a part-time position will not extinguish the right to recall to a full-time position should one become available during the layoff;
ii) a part-time employee must accept a recall to a part-time position, as required;
iii) a part-time employee may not be recalled to a full-time position.
d) No new employees will be hired into the bargaining unit until those employees on the recall list have been offered the opportunity of such recall.
e) Notice of recall shall be sent by courier to the employee's last known address and shall be deemed received two (2) business days following the day on which it was sent. It shall be the employee's responsibility to keep the Employer advised of his/her current address at all times. Employees must indicate within forty-eight (48) hours of the receipt of the recall notice that he or she is willing and able to return to work or the employee shall be deemed to have refused recall and seniority rights.
f) Employees laid off and called back within twenty-four ( 24) months shall return to the same rate of pay, adjusted for any applicable wage adjustments.
16.06 Grievances regarding layoff shall be initiated at the Formal Procedure and must be initiated within ten (10) days.
16.07 Severance
a) An employee who is laid off and whose recall rights expire and/or who waives recall shall receive severance pay calculated on the basis of the weekly rate of pay on the date she or he received notice of layoff. For full time employees, severance shall be based on a regular work week and for part time employees severance shall be based on average hours worked over the twelve (12) weeks prior to notice of layoff.
b) In accordance with the Employment Standards Act, employees shall be provided with severance for each complete year of service, and pro-rated for partial years.
ARTICLE 17— VACATIONS
17.01 General:
a) Vacation time and vacation pay are both earned benefits.
b) On commencing employment, employees shall be advanced prorated vacation for the balance of the first calendar year.
d) Employees must make their vacation requests two (2) weeks in advance of the requested time off. Exceptions may be approved by the Department Manager or designate where there are extenuating circumstances.
e) The Employer will designate periods when vacation can be taken and how many employees may be off at one time.
f) Vacation cannot be taken during probation, except where exceptional circumstances exist and subject to approval by the Security Manager, or designate.
g) Employees must book a minimum of two (2) one-week blocks of vacation during the initial vacation pick process.
h) Vacation time must be taken during the calendar year in which it was earned, except where exceptional circumstances exist. Up to seventy-two decimal five (72.5) hours of vacation time earned during a calendar year may be carried over into the first three (3) months of the following calendar year if the employee so requests in writing prior to December 1st and the Manager approves. Any vacation not booked by the end of October may be scheduled by the Employer between then and March 31st of the following year.
i) On January 1st of each year, employees will be advanced a full year's vacation entitlement based on their years of service. For employees reaching the next entitlement level during the year, they will be advanced the full year's entitlement on January 1st of that year. For example, employees who complete their eighth year on May 15, 2015 would receive their full entitlement on January 1, 2015. If an employee commences, terminates or changes employment status during the year, their entitlement will be pro-rated. In addition, employees who are off on an unpaid leave of absence or layoff greater than 30 days will have their vacation entitlement prorated. If an employee terminates their employment and has been paid more vacation than they have earned, the extra vacation paid will be deducted from their final pay.
Collective Agreement. Employees are required to reschedule any cancelled vacation at the time it was cancelled and in the same manner as the vacation was originally selected, ( eg. a cancelled one-week block of vacation must be rebooked as a one-week block and not as individual days). Extensions for rebooking cancelled vacation may be granted at the discretion of the Security Manager or designate where extenuating circumstances exist.
17.02 VacationEntitlement for Full-time Employees
a) The vacation entitlement for time employees as listed below. As full-time schedules may vary daily, the vacation entitlement is expressed in total hours.
Years of Service Hours Per Calendar YearNacation Pay
First eight years 108.75 hours /6% Eight years to fifteen years 145 hours / 8% Fifteen years to twenty six years 181.25 hours / 10% At twenty six years 217.50 hours / 12%
17.03 Vacation Entitlement for Part-Time Employees
a) Part-time employees will receive vacation pay and unpaid vacation time as listed below.
Years of Service Vacation Pay/Unpaid Time Off Per Calendar Year
First eight years 6% / 2 Weeks and 5 days* Eight years to fifteen years 8% / 2 Weeks and 10 days* Fifteen years to twenty six years 10% / 3 Weeks and 10 days* At twenty six years 12% / 4 Weeks and 10 days*
For the purposes of Part-time vacation, one (1) week is seven (7) calendar days and shall be administered as five (5) days' vacation and two (2) days off.
ARTICLE 18— DESIGNATEDHOLIDAYS
18.01 Thereare twelve (12) paid holidays:
New Years Day Family Day Good Friday Easter Monday Victoria Day Canada Day
Civic Holiday (First Monday in August) Labour Day
Thanksgiving Day Remembrance Day Christmas Day Boxing Day
18.02 All employees are eligible for holiday pay if he/she worked his/her regular scheduled day before and after the holiday or worked on the holiday.
18.03 In order to qualify for premium pay and/or holiday pay, employees must work their last regularly scheduled day of work before and their first regularly scheduled day of work after the holiday, unless:
a) Absent on vacation;
b) absent on either of those days and such absence is authorized by the Employer based on a medical certificate issued on the day of the absence by a qualified physician which is submitted to the Employer on the day the employee returns to work;
c) absent due to an emergency situation related to the employee or an immediate family member that arose on short notice and could not be addressed outside of working hours and provides such reasonable proof as may be required.
18.04 Employees who agree to, or are otherwise required to work on the paid holiday and fail, without meeting the requirements in paragraph 18.03 (b) or (c) above, to work their entire shift on the paid holiday, will not be eligible for premium pay or holiday pay.
18.05 Holiday pay will be calculated in accordance with the Employer's procedure for doing so.
18.07 Religious Holidays
Up to two (2) days paid leave for full-time employees and up to two (2) days unpaid leave for part-time employees are available for the purpose of observing religious holidays identified by leaders and representatives of each religion for their respective religion. Religious Holiday pay cannot be requested for holidays that are covered under Article 18.01 or for holidays that fall on a regularly scheduled day off. Additional time off that is requestedto observe religious holidays may be accommodated by the use of vacation leave, an unpaid leave of absence, or by rearrangingwork schedules.
ARTICLE 19 — ABSENCES FROM WORK
19.01 Employees are required to attend work regularly in accordance with the Employer's Attendance Management and Disability Management program. When unable to attend, the employee must contact the Security Manager or his or her designate as far in advance as possible of his or her scheduled starting time, giving the reason (notdiagnosis) he or she is unable to attend work, the date of his or her expected return, and the details as to where he or she can be contacted during the absence. Call-ins to report an absence must be made by the employee no later than two (2) hours prior to the start of the employee's scheduled shift except where there are extenuating circumstances making such a call impossible.
19.02 Medical evidence may be required by the Employer outlining the prognosis and limitations, the expected date of return, the ability of the employee to perform any of his or her duties and/or to perform alternate duties. Such evidence will be required shouldan absence exceed three (3) days in duration and may otherwise be required where there is reasonable and understandable cause for concern.
19.03 Where an employee is required to fill out a disability management enrolment form with his or her physician, any reimbursement or subsidy available to other similarly situated employees of the Employer for any medical note costs will be made available.
ARTICLE 20 — HEALTH, DENTAL AND LIFE
20.02 The Employer agrees to notify the Union as far in advance as practicable of any proposed changes to these plans and agrees to have discussions on these changes at the Employee/Employer Relations Committee meeting.
ARTICLE 21 — WORKPLACE SAFETY AND INSURANCE
21.01 The Employer will provide workplace insurance coverage for employees in the bargaining unit in accordance with the Workplace Safety and Insurance Act
Ontario).
ARTICLE 22— SHORT TERM SICKNESS PLAN AND LONG TERM INCOME PROTECTION PLAN
Short Term Sickness Plan (STSP)
22.01 The Employer will provide a Short Term Sickness plan for full-time employees in the bargaining unit. A benefit guide will be provided outlining the terms and conditions of this Plan, as may be amended from time to time. The Employer agrees to notify the Union as far in advance as practicable of any proposed changes to these plans and agrees to have discussions on these changes at the Employee/Employer Relations Committee meeting.
22.02 The STSP is currently self insured but the Employer reserves the right to at any time obtain a carrier for the Plan and to substitute an insured plan with all premiums paid by the Employer. When making such a substitution, the Employer shall notify the Union to explain the proposed change.
22.03 The employee has an obligation to maintain and submit all necessary forms, designations and information required for benefit coverage to go into effect, for coverage to continue, and for benefit recovery. Failure to furnish such evidence may result in loss of benefits for the time period.
Long Term Income Protection Plan (LTIP)
22.05 LTIP is an insured plan and it is understood that as with all insured plans the Employer does not in any way act as the insurer in respect of these benefits, nor does the Employer bear any responsibility in the event of a dispute between an employee and the insurer. The Employer's responsibility is fulfilled by arranging the purchase of thebenefits as outlined in this Agreement.
22.06 The employee has an obligation to maintain and submit all necessary forms, designations and information required for benefit coverage to go into effect, for coverage to continue, and for benefit recovery. Failure to furnish such evidence may result in loss of benefits for the time period.
ARTICLE 23 — BULLETIN BOARDS
23.01 The Employer will provide the Union with reasonable access to an area of a bulletin board for the posting of the following notices:
a) Notices of union elections
b) Union election results
c) Notices of union meetings
d) Notices of union recreational and social events
e) Names of Stewards and Executive
f) Local union by-laws
g) Minutes of Union meetings
h) OPSEU Newsletters
Notices shall be endorsed by aUnit Steward and must be provided to the Security Manager or designate prior to posting.
The Union may post other items on its bulletin board with prior approval of the Security Manager.
ARTICLE 24 — GENERAL
24.01 Tips
Employees will not accept any gifts or gratuities, except as expressly provided for by the Employer's policies.
24.02 Education and Training
Employees in the bargaining unit will be provided with access to the Employer's Education Reimbursement Program on the same terms and conditions as established by the Employer's policy, as may be amended from time to time.
24.03 Uniforms
a) Uniforms shall be determined by, provided by and replaced by the Employer at the Employer's cost, as it requires on an as-needed basis.
b) Employees are responsible for caring for his uniform. Items that the Employer requires dry cleaned will be done at the Employer's expense.
c) Upon leaving employment, an employee is required to return all uniforms provided. Failure to do so without providing an acceptable reason will result in any outstanding wages and/or vacation pay from the employee's last two weeks of pay being withheld until such time as reasons are provided or alternative arrangements suitable to the Employer and the employee are agreed upon.
d) Where employees are required to wear Employer approved safety footwear they will be provided with reimbursement of up to one hundred and twenty dollars ($120.00) per calendar year upon provision of a receipt. Where the employer's program provides an increase towards the cost of safety shoes it shall also be reflected in this article.
24.04 Expenses
any reasonable out-of-pocket expenses incurred and/or for mileage when using his/her own car in the service of the Employer during scheduled working hours, in accordance with the Employer's policy for expense reimbursement.
24.05 Licences
Upon presentation of a receipt, theEmployer will reimburse the Gaming Licence fee paid by the employee on his/her first pay cheque. If the employee's employment ends prior to ninety (90) calendar days then the fees paid will be owed to the Employer and will be withheld from any wages owing. The Employer will pay any required Gaming Licence fee for an active employee when he/she performs a regular licence renewal.
Employees required to attend a gaming licence registration renewal interview outside of regular work hours will receive a maximum of one (1) hour of pay at their regular rate. These hours will not be included in overtime calculation. The Employer will not reimburse for mileage or travel costs associated with AGCO Gaming Licence renewal. It is the responsibility of the employee to notify the Department Manager when scheduled by AGCO for the interview.
24.06 Employees' Consent
The Union and the employees consent to the collection, use, retention and disclosure of such employment related information as is necessary for the administration and management of the employment relationship ( including pension, benefits) and this Collective Agreement under the Personal Information Protection and Electronic Documents Act.
24.07 Personnel File
An active employee, during the course of his/her employment, shall have a right once per year, or as otherwise agreed, to examine all documents pertaining to him/her in the personnel file. Examination of such a file shall occur at a time convenient to the Employer and the employee and following a written requestfrom the employee in the form required by the Employer's policy. The review will take place in the presenceof an Employer's representative and there will be no right to remove items from the file. An employee may request a photocopy of any document in his/herpersonnel file.
24.08 Employee Lockers
Employee. No representative of the Employer shall open a bargaining unit employee's locker unless a Union Steward has been offered the opportunity to be present.
24.09 Copies of the Agreement
The parties shall share equally the cost of printing and distributing sufficient copies of this Agreement.
ARTICLE 25 — WORK OF THE BARGAINING UNIT
Employees excluded from the bargaining unit shall not perform duties normally performed by members in the bargaining unit which shall directly cause or result in the layoff of members of the bargaining unit.
ARTICLE 26— DEFINITIONS
26.01 In this Collective Agreement, the following definitions apply:
a) All reference to the male gender in this Collective Agreement shall be read as applying to the female gender where the context would apply.
b) Where the singular is used throughout this Collective Agreement it is agreed that the plural is an acceptable substitute wherever the plural is applicable.
ARTICLE 27— DURATION
27.01 The parties agree that the stated term of this Collective Agreement shall be from April 1, 2019 to March 31, 2022.
27.02 The effective date of all provisions or terms of this first Collective Agreement shall be the date of ratification unless stated otherwise in the Collective Agreement or Memorandum of Settlement and neither party will seek to enforce any provision or term for the time periodprior to ratification unless otherwise agreed.
by either party, the parties shall meet and bargain in good faith to reach a renewal agreement.
Dated at Sault Ste. Marie this
For the Union
dayof , 2019.
SCHEDULE A — CONTRACT EMPLOYEES
1. Contract employees under the Collective Agreement will have their terms and conditions of employment governed pursuant to this Schedule. The provisions of the Collective Agreement will only apply where expressly indicated in this Schedule. All other terms and conditions will be as set out in the Employment Standards Act forterm and task employees.
2. A contract employee will work in the Security Department on a defined term or task contract. There is no guarantee of hours to be worked and contract employees may either be contracted to provide casual labour support and/or be retained to replace an employee on an authorized leave of absence.
3. Contract employment will end at the conclusion of the defined term in the contract if the agreement is not renewed prior to its expiry), or on such notice as is defined in the contract. All temporary contracts will be ended prior to a layoff of any permanent employees.
4. The Union will be provided with a list of all contract employees with term dates no later than two ( 2) weeks after the commencement of employment of any new contract employee. The Employer will also notify the Union of any proposed contract extensions prior to the commencement of the extension.
A contract employee who posts for and is hired into a part-time or full-time position will serve a probationary period in accordance with this Collective Agreement but will have his/her service as a contract employee credited towards the completion of the probationary period.
5. Contract employees will be covered by Article 1 ( Purpose), Article 3 ( No Harassment/Discrimination), Article 4 ( Management Rights), Article 6 ( Dues Deduction), Article 7 ( Union Representation), Article 8 ( Occupational Health and Safety), Article 18 ( Designated Holidays), Article 21 ( Workplace Safety and Insurance), and Article 24 (General). The grievance and arbitration provisions of the Collective Agreement will apply to contract employees as if they were probationary employees under this Collective Agreement.
LETTER OF UNDERSTANDING #1 — PART-TIME LIEU
The parties agree that until such time as the OLG may introduce any paid sick time or paid leave for other reasons for part-time employees, part-time employees will be able to carry up to twenty-four (24) hours of earned lieu time.
This paid lieu time will be managed in the same manner as full-time lieu banks are managed.
A
Dated at Sault Ste. Marie this day of , 2019.
