COLLECTIVE AGREEMENT
Between:
COMPASS GROUP CANADA LTD.
(Canada Post Corporation South Central Plant)
(hereinafter referred to as “the Company”)
PARTY OF THE FIRST PART - and -
UNITE HERE ONTARIO COUNCIL AND ITS LOCAL 75
(hereinafter referred to as “the Union”)
PARTY OF THE SECOND PART
Expiry Date: July 31, 2009
TABLE OF CONTENTS Articles:
1: Purpose ...1
2: Scope ...1
3: Union Security...1
4: No Strikes or Lock-outs...3
5: Preservation of Management Rights...3
6: No Discrimination ...3
7: Representation ...5
8: Grievance Procedure...6
9: Arbitration ...8
10: Discipline and Discharge...9
11: Employer and Union Grievance ...10
12: Seniority ...10
13: Job Posting...12
14: Leave of Absence ...13
15: Reporting for Work Pay...14
16: Bulletin Board...14
17: Schedules ...14
18: Bereavement Leave ...15
19: Other Working Conditions ...15
20: Letters of Understanding ...17
21: Health and Safety...17
22: Education Fund...18
23: Duration of Agreement ...18
Schedule 1 – Hours of Work...19
Food and Drink...19
Regular Attendance at Work ...19
Overtime ...20
Payment of Wages ...20
Schedule 2 – Rates of Pay ...21
Schedule 3 – Vacation Plan ...21
Schedule 4 – Statutory Holidays...22
Schedule 5 – Health and Welfare ...23
Schedule 6 – Pension ...24
ARTICLE 1 – PURPOSE
1.01 The general purpose of the Agreement is to establish mutually satisfactory relations between the Company and its employees, and to provide machinery for the prompt and equitable disposition of grievances to establish and maintain satisfactory working conditions, hours and wages for all employees who are subject to the provisions of this Agreement, and to provide efficient operation of the Company’s business.
1.02 Whenever the male gender is used in this Agreement, it shall be understood to include the female gender.
ARTICLE 2 – SCOPE
2.01 The Company recognizes the Union as the exclusive bargaining agent of all employees of Compass Group Canada Limited at the Canada Post Corporation South Central Plant save and except supervisors, persons above the rank of supervisor, chef and office and sales staff.
2.02 The Union and the Company agree that employees who are not covered under the scope of this Agreement will not be scheduled to work or perform duties under any of the classifications, except for the purpose of training, instructions and emergency situations.
2.03 In the event that the Employer introduces a new classification that is not listed under Article 20 – Wage Rates, and that the new classification is below the managerial line described in 2.01 above, the Employer shall include the new classification and notify the Union of the rate payable at least fifteen (15) days prior to the commencement of the classification. The Union may, within ten (10) days of being notified, file a Union grievance in respect of the rate, commencing at Step 2 of the grievance procedure set out in Article 15.
ARTICLE 3 – UNION SECURITY
3.01 The Employer agrees to deduct from the wages of all employees in the bargaining unit, starting on the first day of their employment, an amount
equal to the dues as prescribed by the Union. The Employer shall remit this amount to the Union Office monthly, not later than the fifteenth (15th) day of the month following the month for which such deduction is made. The Employer shall provide with the remittance an alphabetic list of all employees, specifying the amount deducted for each employee, or the reason why no deduction was made.
3.02 The Union shall notify the Employer in writing of any change in the amount of Union dues and such notification shall be the Employer’s conclusive authority to make the deductions specified.
3.03 The Employer agrees to record the total dues deduction paid by each employee for the previous calendar year on his/her T-4 Income Tax form.
3.04 The Employer shall provide the Union with the following information with respect to each employee in the bargaining unit and shall update it every six months or upon request by the Union, and when new employees join the bargaining unit: names, addresses, telephone numbers, classifications, employment status (full-time, casual, seasonal, part-time, etc.) seniority, date of change of status if applicable and their rate of pay.
The Employer shall provide this information electronically or on computer disk if requested by the Union.
3.05 At the Union’s request, the Employer will allow the Union to review payroll records, schedules, sign-in and sign-out sheets and any other information reasonably required to satisfy the Union that dues and initiation fees are being deducted correctly.
3.06 The Employer acknowledges that Union dues being remitted are the property of the Union, and not of the Employer. The Employer agrees that in the event it does not promptly remit Union dues to the Union as required by this agreement, other than for a reason judged reasonable by the Union, interest shall be payable at the rate of 2% per month that the dues remain outstanding. The Employer further agrees that it shall be solely responsible for the legal, arbitrator’s or other costs in the event that the Union is required to take steps in the grievance procedure, arbitration or otherwise in order to collect Union dues.
ARTICLE 4 – NO STRIKES OR LOCK-OUTS
4.01 The Company agrees that during the life of the Agreement it will not cause or direct any lock-out of its employees. The Union agrees that during the life of the Agreement, that there will be no strikes or other collective action which will stop or interfere with production or services, and that if any such collective action should be taken it will instruct its members to carry out the provision of the Agreement and to return to work and perform their duties in the usual manner.
ARTICLE 5 – PRESERVATION OF MANAGEMENT RIGHTS
5.01 The Union acknowledges the exclusive function of the Company is generally to manage the enterprise in which it is engaged and particularly to:
a. Maintain order, discipline and efficiency;
b. Hire, discharge, transfer, promote, schedule, demote or discipline employees provided that a claim of discriminatory promotion, demotion or transfer, or a claim that an employee has been discharged or disciplined without reasonable cause may be the subject of a grievance, and dealt with as hereinafter provided.
5.02 The Company and the Union agree that these rights shall not be exercised in a manner inconsistent with the terms of this Agreement and it is understood that a claim by an employee or employees that the Company has so exercised these rights shall be the proper subject matter for a grievance.
ARTICLE 6 – NO DISCRIMINATION 6.01 Discrimination and Harassment:
(a) The Company and the Union agree that there will be no discrimination, interference, restraint or coercion practiced by either party or their representatives because of an employee’s proper Union activity or lack of Union activity.
(b) The Company and the Union cannot and will not condone discrimination or personal harassment that is based on sex, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, sexual orientation, family status or disability, or for any other grounds declared unlawful by the Ontario Human Rights Legislation. Harassment exists if any conduct, comment, gesture, or contact based on any ground stated above, occurs in a context that may cause offence or humiliation, or may be perceived as a condition of hiring advancement, or continuation of employment.
(c) The Company and Union agree that they will abide by the appropriate Company Harassment policy, and establish a joint committee for the purposes of reviewing the sexual harassment policy.
(d) The Company shall post the Company policy pertaining to Workplace Harassment.
6.02 Joint Meetings:
(a) Joint meetings of representatives of the Company and the Union shall be held periodically to review and consider the relationship.
The results of all meetings will be reduced to writing by the party requesting the meeting and copies will be distributed to the Company and the Union.
(b) Request for joint meetings will be made and confirmed in writing, and will contain an agenda of matters to be discussed. Union requests for meetings will be made to the Director of Operations of the Company. Company requests for meetings will be made to the Union Representative. Meetings will be held at South Central plant building, or a location agreed upon by the parties.
6.03 Union Access:
(a) Authorized representatives of the Union will be permitted to enter the premises of the Company. The representatives of the Union shall, prior to arrival, advise the Unit Manager or her or his designate of the visit.
(b) The Company shall provide a meeting room, subject to availability, at no additional cost, for the use of the Union. The Union shall give at least one weeks’ notice where possible.
ARTICLE 7 – REPRESENTATION
7.01 Shop Stewards:
(a) Shop Stewards:
Stewards shall be entitled to leave their work during regular working hours for the investigation and processing of grievances and other workplace issues, and to attend meetings with the Employer.
Permission to leave work during working hours for such purpose shall first be obtained from management, and such permission shall not be unreasonably withheld. All such time spent performing Union dues shall be considered to be time worked. The Union agrees to keep, as much as possible, such request to a minimum.
(b) The Employer and the Union agree that no officers of the Employer or employees may enter into any contract inconsistent with this Agreement. Any amendment or changes as outlined in the Agreement during its term shall be incorporated only by mutual consent. It is agreed by the Employer and the Union that this paragraph also covers working conditions, so long as it does not prevent the Employer from maintaining an adequate and qualified work force, or infringe on the Management’s Right clause as spelled out in this Agreement.
(c) The Company will introduce all new employees to the Shop Steward prior to any orientation and the Shop Steward will be given the opportunity to provide the new employee with introductory information including the Collective Agreement.
7.02 Negotiating Committee:
(a) The Company acknowledges the right of the Union to elect, appoint or otherwise select a negotiating committee of not more than two (2) employees, and a Union Representative of the Local, - and will deal with the Committee concerning such matters as are properly the subject of negotiations, including proposals for the renewal or
modification of this Agreement, or any matter which arises from time during the term of this Agreement, and the said committee will co- operate with the Company in the administration of the Agreement.
(b) Employees involved in negotiations with the Company will not suffer any loss of wages, benefits or pension benefits.
ARTICLE 8 – GRIEVANCE PROCEDURE
8.01 It is the mutual desire of the parties hereto that complains of employees shall be adjusted as quickly as possible, and it is generally understood that an employee has no grievance until the employee has first given to their immediate supervisor an opportunity of adjusting their complaint.
8.02 If an employee has a complaint or question involving the interpretation, administration or alleged violation of the Collective Agreement which they wish to discuss with the Company, they shall take the matter up with their immediate supervisor, within five (5) working days from the date of the alleged occurrence or discovery said to have caused the reason for the complaint, the employee shall have a Union Steward present in all matters of discipline unless refused by the employee.
8.03 If such complaint or question is not settled to the satisfaction of the employees concerned within three (3) working days, then the following steps of the grievance procedure may be invoked in order.
Step No. 1:
The Steward or employees shall outline the grievance, in writing, indicating the nature of the grievance, the Article(s) of the Collective Agreement involved, and the adjustment sought. The employee must sign the grievance. Said document must be submitted to the Unit Manager within a period of five (5) working days from the time the verbal reply to the complaint was received as indicated in Article 8.03 above. After such discussion as is necessary, the Unit Manager shall state in writing, her or his decision. If the grievance is not settled within five (5) working days after it was submitted to the Unit Manager then the grievance shall be taken up as follows.
Step No. 2:
Where no agreement is reached at Step No. 1, the grievance shall be forwarded to the District Manager or her or his designate within five (5) working days of the receipt of the Manager’s decision at Step No. 1. A meeting shall be scheduled within five (5) working days between the District Manager or her or his designate, the employees concerned and her or his Shop Steward. A staff representative of the Union may be present. The decision of the District Manager or her or his designate shall be delivered to the Union in writing within five (5) days after such meeting.
Step No. 3:
Where no agreement is reached at Step No. 2, the grievance shall be forwarded to the Director of Operations or her or his designate within five (5) days of the receipt of the Manager’s decision at Step No. 1.
A meeting shall be scheduled within five (5) working days between the Director of Operations or her or his designate, the employees concerned and her or his Shop Steward. A staff representative of the Union may be present. The decision of the Director of operations or her or his designate shall be delivered to the Union in writing within five (5) days after such meeting.
Step No. 4:
Failing satisfactory settlement in Step 3, then at the request of either party, the grievance may be referred to arbitration provided that such request is made within fifteen (15) working days after the decision of the Company in Step No. 3 has been rendered.
Within five (5) days of Step 3, Union Office Designate and Company Senior Director of Labour Relations review Step 3 to see if a resolution may be found. If no resolution is found the grievance may be referred to arbitration within fifteen (15) working days.
8.04 The time limits may be extended by mutual agreement of the parties in writing. In determining time limits, Saturdays, Sundays, and recognized statutory holidays shall be excluded.
If the time limits or any mutually agreed upon extension are not observed by the Company presenting the grievance, the grievance will be considered as advanced to the next stage of the grievance procedure, including arbitration.
If the time limits or mutually agreed upon extensions are not observed by the Union, the grievance will be considered abandoned and may not be- opened.
8.05 A group of employees may file a group grievance, which is a grievance that is individual in nature, effecting more than one employee, but excluding discipline and discharge grievances. All group grievances shall be reduced to writing and signed by the Steward, and state the specific clauses of the Agreement allegedly violated, the redress sought, and a list of the grievors. Group grievances shall be filed at Step No. 3.
ARTICLE 9 – ARBITRATION
9.01 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. The party requesting arbitration will submit to the other party the names of single arbitrators and the other party will reply, either accepting one of the proposed arbitrators or submitting a list of single arbitrators, within ten (10) days of receipt of the moving party’s list. If the parties cannot agree on a single arbitrator within a further (10) days, then the Minister of Labour for the Province of Ontario will be asked to appoint an arbitrator to hear the matter.
9.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
9.03 The parties to this Agreement shall equally share the expense of the arbitrator, and or mediator. Each party is responsible for costs of their representatives and witnesses.
9.04 No matter may be submitted to arbitration which has not been properly carried through all the previous stages of the grievance procedure.
9.05 The decision of the arbitrator shall be final and binding on the parties.
However, the arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of the Agreement.
9.06 The parties may agree by mutual consent to the use of a Mediator at any point of the grievance and/or arbitration procedure.
ARTICLE 10 – DISCIPLINE AND DISCHARGE
10.01 The Union acknowledges that probationary employees may be dismissed for reasons less serious than would justify the dismissal of a permanent employee. The company acknowledges that notwithstanding the above progressive discipline must be applied.
10.02 A claim by a permanent employee that they have been unjustly discharged from their employment shall be treated as a grievance if a written statement of such grievance is lodged with the Manager within five (5) working days after the employee ceases to work for the company.
All preliminary steps of the grievance procedure prior to Step No. 2 will be omitted in such cases. Such special grievances may be settled by confirming the management’s action in dismissing the permanent employee or by reinstating the employee with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties.
10.03 When an employee has been dismissed without notice, they shall have the right to interview their steward for a reasonable period of time before leaving the premises.
10.04 No employee shall be disciplined on his/her day off.
10.05 a. All discipline or discharge shall be set out in writing, and such notices shall include the reasons for discipline or discharge.
b. Copies of notices of discharge or suspension shall be sent to the Union office, copies of other notices of discipline shall be given to the Shop Steward as soon as practical.
ARTICLE 11 – EMPLOYER AND UNION GRIEVANCE
11.01 If the employer or the Union wishes to file a policy grievance, the party wishing to grieve, shall do so by mailing a copy of its grievance to the Union or Employer, as the case may be, within twenty (20) working days of the occurrence of the event on which the grievance is based. The party which receives the grievance shall answer the grievance in writing within five (5) working days after receipt of same, but there is no answer given in writing, then it shall be deemed that the claim of the grievor has been refused. If the grievance is not settled by the parties through this procedure, it may be pursued through the grievance procedure, beginning at Step No. 2.
ARTICLE 12 – SENIORITY
12.01 An employee will be considered on probation and will not be placed on the seniority list until after the employee has been employed for fifty (50) working days. When the employee successfully completes their probationary period the employee’s seniority shall date back to their most recent date of hire.
12.02 Seniority lists, showing each employee’s date of hire with the Company (Compass Group) and the date on which the employee commenced work on the job site shall be established. Such a list will be posted when changes are made and will be faxed to the Union office during the months of January and July of each year.
12.03 In cases of promotions, demotions, or upgrading of the employees, skill, ability, efficiency of the employee shall be the governing factor and where other things are relatively equal, job site seniority will be the governing factor.
12.04 a. In the event an employee is assigned to a job other than that to which she or he is normally assigned for a minimum of three (3) hours or more she or he shall receive her or his own rate or the rate of the job to which she or he is assigned, whichever is higher, for all hours
worked in the assigned position.
b. Where it is necessary to generally reduce the working force, company
Company from maintaining a satisfactory level of service and provided that the employees who are retained are qualified and willing to do the work available at the appropriate rate of pay.
c. The Company shall endeavour to post notices of layoffs and the hours of work that will be changed as a result of the layoffs at least one week in advance.
12.05 An employee who is temporarily transferred to a lower rated job during a layoff period shall maintain her or his regular rate of pay.
12.06 When recalling employees to work after a layoff, they shall be recalled in inverse order to that, in which they were laid off, provided they are qualified to do the work, which is available. Employees shall be responsible for providing current addresses and phone numbers to the company.
12.07 Employees who are laid off will be retained on the Company’s seniority list for a period of one (1) year, after which they will be struck from the list.
12.08 a. Unless an employee on layoff signifies her or his intention to return to work within five (5) working days of receipt of the company’s registered letter of recall of personal notification or fails to report to
work after so signifying within a further five (5) working days or gives a legitimate reason for being unable to do so, she or he shall be struck from the seniority list.
b. Notwithstanding the above, a telephone call, made in the presence of a Shop Steward, at least two (2) working days prior to the recall to the employee’s last known address will be sufficient for recalls of ten (10) days or less during the summer layoff.
12.09 The seniority rights of an employee shall be terminated if the employee:
a. Voluntarily quits or resigns b. Is discharged for cause
c. Fails to return to work upon the completion of an authorized leave of absence unless a satisfactory reason is given by the employee
d. Is laid off for a period of more than one (1) year as provided in Article 12.07
e. Fails to signify his willingness to return to work or report for work after a layoff within the same time limits as provided in Article 12.08
f. Is absent from work for three (3) days or more without having obtained an authorized leave of absence unless a satisfactory reason is given by the employee
g. Is absent from work due to sickness of disability three (3) days or more and fails upon his/her return to work to produce a certificate from a duly qualified medical practitioner verifying such reason for the absence work, when so requested by the Company.
h. Fails to return to work following an illness or accident after the Company has been notified by the employee’s doctor or Workers Safety and Insurance Board that the employee is able to return to work i. Falsifies, misrepresents or fails to supply complete information on the
employment application form
ARTICLE 13 – JOB POSTING
13.01 a. Employees shall be entitled to bid on vacant positions within the bargaining unit. Application shall be considered by the Company on the basis of skill and ability and when these factors are judged by the Company to be relatively equal amongst the candidates for any job vacancy, the job site seniority will be the governing factor.
b. Job postings shall be posted in the workplace for ten (10) working days.
c. It is understood that the Company will not be required to post temporary vacancies for newly opened or renovated facilities.
13.02 A trial period of one (1) calendar month shall apply to successful applicants. If the employee proves unsatisfactory during the trial period, she or he shall be returned to her or his former position at the rate payable
The Company shall return to the original list of applicants and make a selection according to Article 13.01.
13.03 It is agreed that successful applicants will not be entitled to bid on a vacant position more than once in a six (6) month period.
13.04 The Company reserves the right to fill a vacant position with a person of their choice in the event that no bids are received or if the applicants are not capable of performing the work required.
ARTICLE 14 – LEAVE OF ABSENCE
14.01 a. The Company may grant leave of absence up to one (1) year to any employee for legitimate personal reasons, and any person who is absent with such written permission shall not be considered to be laid off, and his seniority shall continue to accumulate during his absence.
b. Part-time employees shall be deemed to be within seniority provisions of this Agreement, and shall be considered to be on leave of absence when laid off, pending recall.
14.02 Delegation for Union Business will be considered a good cause for leave of absence.
14.03 a. Requests for leave of absence must be made in writing to the Unit Manager as early as possible, but not later than two (2) weeks prior to the desired date of commencement of such leave. The request must state: date of commencement, duration of such leave and the reason for requesting the leave.
b. The Company shall reply, in writing, too the employee within one (1) week of the receipt of the request for a leave of absence.
c. Such approval for leave of absence shall not be unreasonably withheld.
14.04 It is understood that employees on leave of absence will not used the time granted for purposes other than declared in their request for such leave.
Violation of the Article may be grounds for dismissal.
14.05 The Employer shall grant to an employee who has been appointed, elected or hired to a full-time position with the Union on unpaid leave of absence for a period of up to 12 months or the duration of this agreement, whichever is greater. Upon the conclusion of the leave of absence, the employee shall be entitled to return to his or her position in the bargaining unit, with no loss of seniority or service.
14.06 An employee summoned for jury duty shall be paid their full pay for the period served, and such employee will return their jury pay if any, to the employer.
ARTICLE 15 – REPORTING FOR WORK PAY
15.01 All employees reporting for work on instructions of the Company but for whom no work is available shall be paid for four (4) hours of work.
Provided that such lack of work is not due to labour disputes, fire, flood or any other cause beyond the control of the Company.
15.02 Employees who commence to work on their scheduled starting time and are sent home, on the instructions of the Company, shall be paid at their regular rate of pay up to their scheduled quitting time, provided that their separation from work is not caused by circumstances beyond the Company’s control, particularly plant breakdown, fire or flood.
ARTICLE 16 – BULLETIN BOARD
16.01 The Company shall provide a bulletin board in a mutually satisfactorily location on the premises for the use of the Union. All such notice must be approved by a recognized Union official and a copy of the posting shall be provided in advance of posting to management.
ARTICLE 17 - SCHEDULES
17.01 The parties hereto have mutually agreed upon the following schedules which are hereby annexed to and form a part of this Agreement.
1. Hours of Work and Overtime
3. Vacation Plan 4. Statutory Holidays
5. Group Insurance, Sick Leave
ARTICLE 18 – BEREAVEMENT LEAVE
18.01 Upon request to the Unit Manager, the Company agrees to grant up to a maximum of three (3) days leave of absence with pay to an employee in the case of the death of a member of his or her immediate family.
Immediate family shall be deemed to mean mother, father, spouse/partner, sister, brother, daughter, son, mother-in-law, father-in- law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents and grandchildren. The Company will provide up to an additional five (5) days unpaid leave, if the funeral is out of the Province.
18.02 It is understood and agreed that no payment will be made when the bereavement leave occurs during an employee’s vacation, days off or during any other absence from work.
18.03 An extension to the stipulated Bereavement Leave, without pay and benefits will not be unreasonably denied.
ARTICLE 19 – OTHER WORKING CONDITIONS
19.01 Uniforms:
The present system of furnishing and laundering uniforms shall continue for the lifetime of this Agreement.
UNITE HERE: Made and Laundered Uniforms
1. All uniforms and apparel issued by the Employer shall, whenever possible, be union-made by UNITE HERE members and bear a recognized “UNITE HERE” or “UNITE” union label. Additionally, where uniform or apparel laundering services are procured, the uniforms or apparel are to be laundered, whenever possible, in a UNITE HERE facility.
2. To fulfill this commitment, the Employer shall require relevant information from all prospective suppliers of uniforms and apparel, including:
a) the names, addresses, and union status of each subcontractor and factory to be used in the production of the uniforms or apparel.
b) the names, addresses, and union status of each laundry facility that will process the uniforms or apparel.
c) a statement certifying that the workers at each factory listed above are represented by UNITE HERE.
3. The Employer will share and review all the information listed above with the Union before awarding any contract or purchase order for uniforms and apparel.
4. Any uniform and apparel supplier found submitting false, inaccurate or incomplete information to the Employer and the Union will be subject to rejection from consideration or cancellation of existing contracts or orders.
19.02 Employees File:
a. Employee suspensions will be taken from the employee’s file after eighteen (18) months from the date of incident provided there are no further disciplinary incidents. Twelve (12) months for verbal and written warnings.
b. In the presence of management, employees shall be granted access to their personal files with twenty-four (24) hours advance notice.
19.03 Maternity and Parental Leave:
Leave shall be in accordance with the Employment Standards Act. An employee on leave shall accrue seniority during the period of said leave.
19.04 Compliance with the Law:
It is understood that any changes in Provincial or Federal Law which may void any individual portions of this Agreement will be complied with, yet
19.05 Lockers:
Locks and lockers are property in the care of the Company. All lockers are subject to inspection. The Company agrees that at no time will inspections take place unless a minimum of two persons are present.
If an individual locker must be opened, the Company will invite the affected employee to be present. If said employee is unwilling to be present, then a Shop Steward shall be present for the opening of the locker.
ARTICLE 20 – LETTERS OF UNDERSTANDING
20.01 All Letters of Understanding issued between management and Union officials during the negotiations of this Agreement and any others issued during the term of this Agreement are intended by the parties to form part of this Agreement and to have the same force and effect as specific provisions of this Agreement.
ARTICLE 21 – HEALTH AND SAFETY
21.01 The parties to this Agreement shall form an Occupational Health and Safety Committee (OHSC) consisting of one (1) member of the Company and one (1) member from the Union to make recommendations on matters of health and safety as related to the Occupational Health and Safety Act.
21.02 Members of the OHSC shall be paid their normal straight hourly rate for attending health and safety meetings. Time spent at such meetings outside the employee’s scheduled hours of work shall not count towards the calculation of overtime.
21.03 The committee shall have the right to accompany all authorized Safety Inspectors on tours and shall receive copies of any reports sent to the Company pertaining to such inspections.
21.04 Health and Safety Co-operation:
a. The Company and the Union agree that they will mutually co- operate and maintain reasonable standards of safety and health in order to prevent injury and illness.
b. Joint Health and Safety Representative:
The Company and the Union, without abdicating the responsibility of both parties for Health and Safety matters, acknowledge the importance of a well functioning Health and Safety Representative.
ARTICLE 22 –EDUCATION FUND
22.01 Effective date of ratification, the Employer shall contribute two cents ($0.02) per hour worked by each employee to the UNITE HERE Education Fund.
ARTICLE 23 – DURATION OF AGREEMENT
23.01 This Agreement shall remain in force from August 1, 2006 until July 31, 2009, and from year to year thereafter unless either party requests the negotiation of a new Agreement by giving written notice to the other party not more than ninety (90) days before.
23.02 The Company agrees to meet promptly with and negotiate with the representatives of the Union pertaining to the rates of pay, hours of work and working conditions of the employees covered by this Agreement.
Dated this day of , 2006.
FOR THE COMPANY: FOR THE UNION:
SCHEDULE 1 – HOURS OF WORK Hours of Work:
A. The normal full-time work week shall be forty (40) per week and eight (8) hours per day, in five (5) consecutive days per week. It is understood that the above does not constitute a guarantee of hours.
B. The following provisions apply to employee breaks:
Less than five (5) hours: one paid fifteen (15) minute break
Five (5) hours or more: one paid fifteen (15) minute break and an unpaid half (½) hour lunch break
Seven and one half (7.5) hours or more: two (2) paid Fifteen (15) minute breaks and an unpaid half (½) hour lunch break.
C. It understood that employees will receive two (2) Consecutive days off per week, maximize hours per day and days per week based on classification seniority.
Food and Drink:
Where those employees working in establishments, which prepare and serve meals, are allowed a reasonable amount of food and drink for their personal consumption, the Company shall charge a reasonable amount for such consumption. While coffee and tea are unlimited, each employee will only be entitled to one (1) meal per shift, including all other beverages, which will not exceed the value of four dollars and ninety-five cents ($4.95). The charge shall be made automatically, each day, and shall be shown on the employee's pay stub. The amount deducted shall be one dollar and ten cents ($1.10). Should an employee wish to purchase more food and/or beverages, they may do so, through their supervisor, at fifty percent (50%) of the sales price. Any person who removes food or drink from the premises, whether for personal consumption or not, shall have their employment terminated.
Regular Attendance at Work:
A. It is recognized that it is the responsibility of each employee to be regular in their attendance at work so that orderly schedules may be maintained without requiring overtime or causing undue inconvenience to other employees.
B. An employee unable to report for work due to sickness or other justifiable reason shall notify his immediate supervisor as early as possible and in any event not later than one hour before commencement of the shift they were due to report for.
C. When notifying the Company of absence, an employee must give an estimated date of return. If later is unable to return on that date, a new return date must be given to the supervisor on or before the original estimated date of return.
Overtime:
All employees shall be paid one and one half times their basic hourly rate for all hours worked in excess of eight (8) hours in any day or forty (40) in any week.
Payment of Wages:
Wages will be paid on a bi-weekly basis.
SCHEDULE 2 – RATES OF PAY
Classification Current Year 1 Year 2 Year 3
Grill 9.75 9.95 10.05 10.15
Cashier 9.00 9.20 9.30 9.40
General Help 8.00 8.25 8.30 8.40
Retroactivity shall only apply to those employees actively employed by the Company on the date of ratification.
Probationary rate shall be 50¢ less than the posted rate subject to any Employment Standards regulation.
Shift Premiums:
The following shift premiums shall apply:
Employees scheduled to work on the afternoon shift (3-11pm) shall receive a premium of twenty cents ($0.20) per hour for all hours worked
Employees scheduled to work on the evening shift (11pm – 7am) shall receive a premium of twenty-five cents ($0.25) per hour for all hours worked.
SCHEDULE 3 – VACATION PLAN
A. The Company recognized the need for rest and recreation on the part of its employees and has therefore provided the following vacation plan.
B. Since vacations are allowed as a period of change and rest for the general good of the employees and the Company alike, continuous service without vacation but with extra compensation is not regarded as good for either the employee or the Company and hence no employee may elect to receive pay in lieu of vacation.
C. Employees will be paid at the time of starting their vacation and all deductions usually made from the employee’s earnings will be made from their vacation pay.
D. All vacation entitlement shall be based on Company seniority.
Service Requirements:
Service to be calculated as of:
A. Less than one year’s continuous service: one day per month of service, up to a maximum of ten (10) days, paid at the rate of 4% of wages earned.
B. After one year’s continuous service: two (2) weeks vacation pay at the rate of 4% of wages earned.
C. After the fifth (5th) year of continuous service: three (3) weeks vacation pay, paid at the rate of 6% of wages earned.
D. After the eleventh (11th) year of continuous service: four (4) weeks vacation pay, paid at the rate of 8% of wages earned.
E. After the twentieth (20th) year of continuous service, five (5) weeks vacation pay at the rate of 10% of wages earned.
SCHEDULE 4 – STATUTORY HOLIDAYS
A. Each employee is entitled to holiday pay for each of the holidays specified below, equivalent to his regular hourly rate, provided they complete their scheduled working shift prior to and following the holiday, unless failure to work is due to verified illness or accident, or bereavement leave.
B. An employee who is laid off over the Christmas/New Year’s holiday period or over the Easter holiday period shall receive payment for the recognized holidays that fall within these periods provided the employee so qualifies. In no event, however, will an employee who is laid off over the summer vacation period receive payment for the holidays that fall within this period, namely Victoria Day, Dominion Day, Civic Holiday and Labour Day. And in no event will an employee receive payment for a holiday that falls outside a ten day period from the scheduled shift prior to or following the holiday.
C. Where a statutory holiday occurs during an employee’s vacation, the employee shall be entitled to one extra day’s pay or one extra day’s vacation.
D. The following days shall be considered Statutory Holidays:
New Year’s Day Thanksgiving Day
Good Friday Christmas Day
Canada Day Boxing Day Victoria Day Labour Day
Civic Holiday Employee Birthday
**No two (2) employees shall be off on the same day; seniority will govern if two or more employees apply for the same day; the person(s) with lesser seniority will have respective holiday scheduled within thirty (30) days.
E. Employees who are required to work on one of the holidays name above shall be paid at one and one half times (1½) their regular rate of pay for all hours worked plus the holiday pay.
F. If during the life of this Agreement the Federal or Provincial government proclaims a new holiday, it shall be included in this Agreement.
SCHEDULE 5: HEALTH AND WELFARE
The Company shall pay one hundred percent (100%) of the monthly-billed premiums for all regular full time employees for the following group insurance plan:
1 Life Insurance $25,000
2 AD & D $25,000
3 Major Medical 90% co-payment
4 Drug Includes Drug Card
5 Vision $200/ 24 months
6 Hospitalization Semi-private
7 Dental 90% co-payment
8 Weekly Indemnity 55%
• 1st day accident
• 1st day hospitalization
• 4th day sickness
Eligibility: All full time employees with three (3) months of service who work a minimum of 25 hours per week
SCHEDULE 6: PENSION
Effective August 1, 2007 of this agreement, the Company shall contribute fifteen cents (15¢) per hour worked by all regular full time employees to the UNITE HERE Canada Retirement Fund.
LETTER OF UNDERSTANDING No. 1:
BETWEEN:
COMPASS GROUP CANADA LIMITED:
(Canada Post Corporation South Central Plant) (hereinafter referred to as the “Company”)
- and –
UNITE HERE ONTARIO COUNCIL And its Local 2742
(hereinafter referred to as the “Union”)
The Company agrees to pay, upon presentation of a receipt, up to ten dollars ($10.00) toward the cost of a company requested doctor’s note.
Dated this day of , 2006.
FOR THE COMPANY: FOR THE UNION:
