COLLECTIVE AGREEMENT TANDIA FINANCIAL CREDIT UNION LTD. CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION, LOCAL 343

Transcription

1 . COLLECTIVE AGREEMENT between TANDIA FINANCIAL CREDIT UNION LTD. and CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION, LOCAL 343 Expires: August 31, 2018

2 INDEX ARTICLE ITEM PAGE 1 Purpose of Agreement 1 2 Management Rights 1 3 Recognition 1 4 Definitions 1 5 Union Security, Dues Check-Off, and Union Representation 2 6 Hours ofwork and Overtime 3 7 Holidays 4 8 Vacations 6 9 Sick Leave and Salary Continuance 7 10 Personal Leave of Absence 8 11 Bereavement Leave 8 12 Jury and Witness Duty 9 13 Pregnancy and Parental Leave 9 14 Union Leave of Absence Seniority Benefits BuUetin Board Lay-Off and RecaU Job Posting Procedure Non-Discrimination 15

3 ARTICLE ITEM PAGE 21 Wages Grievance Procedure Technological Change and Training Labour/Management Committee Discharge and Discipline Temporary Employees Termination 19 Letter of Agreement Part-Time Employees 20 Schedule A Benefits 21 Schedule B Wages and Classifications 24 Letter oflntent Medical and Dental Appointments 26 Letter of Intent Paid Sick Leave Plan 27 Letter of Understanding #1 Merger and Acquisitions 28 Letter of Understanding #2 Bargaining Unit Operations 29

4 ARTICLE 1-PURPOSE OF AGREEMENT 1.01 The purpose of this Agreement between the Employer and the Union is to establish and maintain: (a) (b) satisfactory working conditions and terms of employment for all employees who are subject to this Agreement. a procedure for the prompt and equitable handling of grievances and disputes When the singular, masculine or feminine is used, it shall be considered as if the plural masculine or feminine has been used where the content so requires. ARTICLE 2-MANAGEMENT RIGHTS 2.01 The management of the Credit Union and the direction of the working forces, including the right to direct, plan and control operations, and to schedule working hours, and the right to hire, promote, demote, transfer, discipline, suspend or discharge seniority employees for just cause, discharge any probationary employee for any reason satisfactory to the Employer, or to release employees because of lack of work or for other legitimate reasons and the right to introduce new and improved methods or facilities, and to manage the Credit Union in the traditional manner, are vested exclusively with the Employer subject to the express provisions of this Agreement. ARTICLE 3-RECOGNITION 3.01 The Employer recognizes the Union as the sole collective bargaining agent of all office and clerical employees oftandia Financial Credit Union Limited in the City of Hamilton, save and except Assistant Managers, and persons above the rank of Assistant Manager, Internal Auditor, Human Resource Assistant, Compliance Officer and the Executive Assistant to the President & C.E.O. Tandia Financial Credit Union Limited operates under the name oftandia Should the Employer transfer its operations from the present locations to other locations, the employees will continue to be covered by the existing Collective Agreement. ARTICLE 4-DEFINITIONS 4.01 The term "bargaining unit" as used herein shall mean all employees as described in Article 3.01 of this Agreement The term "probationary employee" as used herein shall mean all employees as described in Article of this Agreement The term "seniority employee" as used herein shall mean all bargaining unit employees who have completed their probationary period as described in Article of this Agreement The term "employee" as used herein shall mean all employees of the bargaining unit as described in Article 3.01 of this Agreement The term "part-time employee" as used herein shall mean employees whose regular hours of work do not exceed twenty-four (24) hours per week The term "lateral transfer" as used herein shall mean a transfer within the same wage classification. A move to full-time or vice-versa shall not be considered lateral. 1

5 4.07 The term "temporary employee" as used herein shall mean all employees as described in Article 26 of this Agreement. ARTICLE 5-QNION SENIORITY. DUES CHECK-OFF & UNION REPRESENTATION 5.01 Employees in the bargaining unit must make application for membership in the Union on the same day on which they are hired, and shall be required to join the Union within thirty (30) days after employment All present employees who are members of the Union on the effective date of this Agreement or who have subsequendy applied for membership, shall remain members in good standing in the Union during the term of this Agreement. The Employer agrees to deduct from the employee, Union initiation fees and dues from the wages of each employee and forward such initiation fees and dues to the office of the Union, monthly The Employer recognizes and will not interfere with the rights of the employees to become members of the Union. There shall be no discrimination, interference, restraint and coercion by the Employer or any of its agents against any employee because of membership or holding a leadership position in the Union (a) Employees shall be eligible to serve as Steward or as a member of the Negotiating Committee or any other committee if they have been employed for at least twelve (12) months. (b) In order to provide an orderly procedure for the servicing of differences between the parties and employees' grievances which may arise hereunder, the Union \vill appoint or otherwise select a maximum of four (4) Stewards, with no more than one (1) from each branch and no more than two (2) from administration, whose duty shall be to assist employees under the Grievance Procedure as provide hereinafter. The Steward shall obtain permission from her supervisor to leave regular office duties to deal with grievances up to but not including arbitration hearings without loss of regular pay. Such permission shall not unreasonably be withheld. (c) The Union may also establish a Negotiating Committee consisting of three (3)_employees with no more than one (1) Committee person from a department if such employees perform similar functions The Union shall notify the Employer in writing of the names of Stewards and any changes. There shall be no more than one (1) Steward in a department if such Stewards perform similar functions No person excluded from the bargaining unit shall perform bargaining unit work if the effect of doing so would be to reduce the regular hours of work of bargaining unit employees New permanent employees will be introduced to the union steward during the orientation process. The steward and the employee \vill be granted a half (1/2) hour to meet on the Employer's premises without loss of pay. Such time shall be scheduled by the Manager, Human Resources as part of the probationary period. 2

6 ARTICLE 6- HOURS OF WORK AND OVERTIME 6.01 (a) The regular hours of work shall not exceed seventy-one (71) hours over a two-week period exclusive of a daily one (1) hour unpaid lunch break. The Employer shall not alter the regularly scheduled hours of work without first discussing with the Union at least fifteen (15) days in advance. (b) The Employer shall provide a rest period of fifteen (15) minutes in the forenoon and fifteen (15) minutes in the afternoon. (c) The Employer shall endeavor to assign regular scheduled part-time hours equitably amongst those part-time employees who normally perform the work in each department. "Department" in the case of floaters shall mean all locations. (d) The Employer will offer extra hours to part-time employees on a seniority basis who are qualified and available to perform the required work where the Employer deems e.'<:tra hours are necessary so long as doing so does not result in payment of overtime, or directly or indirectly result in the employee's status changing from part-time to full-time, and provided such employee is not otherwise scheduled and thus unavailable to perform the complete assignment. Extra hours are those in excess of the employee's normally scheduled hours and will be granted in accordance with 6.01(e). Nothing herein however will restrict the Employer's current right to schedule a floater position with unspecified hours. In the event that there are no part-time employees available for the straight time extra hours work. the employer shall offer extra hours to full-time employees first. and part-time employees second. on a seniority basis who are qualified and available to perform the work required. Should overtime be required. it will be offered in accordance with Article (e) The distribution of extra hours for part-time employees shall be in the following order: I. within the group of employees who normally perform the work within the department or branch where the hours are required II. within the department or branch where the hours are required III. within the building location where the hours are required IV. within the entire bargaining unit However, where the Employer is pre-scheduling full shifts at least two (2) days in advance for special projects the following procedure shall, subject to Article 6.01(d) apply, I. within the group of employees who normally perform the work, provided they are on the part time extra hours list; II. within the entire bargaining unit. (Q Once the procedure in 6.01(e) has been exhausted, the Employer may, at their discretion, offer extra hours to employees of an outside agency. (g) A schedule will be made available to each employee for no less than a two week period. Whenever practicable, such schedule will be provided at least (2) two weeks prior to the start of the scheduled period. Except in cases of an emergency, staff may be denied medical appointments unless they provide (1) one weeks' notice. "Emergency" in this clause shall include late notice specialist appointments The Employer does not guarantee to provide work for an employee for regularly assigned hours or for any other hours. 3

7 6.03 (a) Overtime for full-time employees shall be paid at the rate of time and one-half (1-1/2) for all hours worked in excess of her regularly scheduled bi-weekly hours. (b) Overtime for part-time employees shall be paid at the rate of time and one-half (1-1/2) for all hours worked in excess of seven and one-half Cl-1/2) hours per day. (c) Any employee called for work on Saturday, Sunday or a paid holiday shall be guaranteed four ( 4) hours' pay at the prevailing rate. (d) Overtime shall be voluntary unless the Employer cannot obtain sufficient volunteers in which case the Employer may require employees to work the required overtime. The Employer will endeavor to provide as much notice of overtime as is reasonably possible. (e) Overtime shall be distributed as equally as possible, first, among the employees who normally perform the required job assignments, and then, it shall be offered, on a seniority basis, to other employees who are capable and qualified to perform the assignment. (Q If an employee so desires, she may take time off in lieu of overtime pay at the appropriate overtime rate to a maximum of one week per year to be taken at times mutually agreed upon All Employer convened meetings at which attendance is required by the Employer shall be held during working hours or paid at overtime rates. Lunch hours are not considered working hours. Employees shall not be obligated to attend meetings on scheduled days off or vacation days, subject to Article 7.01 (a). Parking shall be provided for free at mandatory meetings and training sessions if the employee is reporting for such training or meetings at the James Street location or such location where there is no complimentary parking and whose normal work location is elsewhere Employees shall be paid for travel costs for meetings not held at their regular place of work in accordance with Credit Union policy Recognizing that part time hours are not guaranteed, the Employer will endeavour to maintain the consistency of part-time hours during summer months. Part-time employees shall be offered additional hours during the summer months. At no time shall the hours of work for part-time employees be reduced as a result of the hiring of summer students When an employee is called into work, which results in less than four (4). she shall be paid four (4) hours pay at the rate of the job for which she is called in. This clause will not apply to meetings or training sessions Employees scheduled to work on a Sunday shall be paid time and one half (1 1 /2) for all hours worked. ARTICLE 7- HOLIDAYS 7.01 (a) The following shall be recognized as holidays for full time employees to be paid for on the basis of a normal day's straight time rate: New Year's Day Thanksgiving Day Good Friday Remembrance Day 4

8 Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday '12 day Christmas Eve Labour Day Family Day 1 Floating Holiday (to be taken at a mutually agreed upon time) or days celebrated in lieu thereof, regardless of the day on which it falls. When Remembrance Day f.'llls on a Saturday or Sunday, it shall be taken at a time mutually agreed between the Employer and the employee. Should Remembrance Day fall Monday to Friday and the Employer convenes a Professional Activity Day another day shall be taken at a time mutually agreed between the Employer and the employee. (b) The fouowing shall be recognized as holidays for part-time employees, who have passed their probationary periods, to be paid for on the basis of a normal day's rate calculated by averaging his/her daily earnings, exclusive of overtime pay, over a period of thirteen (13) weeks immediatdy preceding the Statutory Holiday in question: New Year's Day Labour Day Good Friday Thanksgiving Day Victoria Day Remembrance Day Canada Day Christmas Day Civic Holiday Boxing Day Family Day 1 Floating Holiday (to be taken at a mutually agreed upon time) When Remembrance Day falls on a Saturday or Sunday, it shall be taken at a time mutually agreed between the Employer and the employee. Should Remembrance Day fall Monday to Friday and the Employer convenes a Professional Activity Day another day shall be taken at a time mutually agreed between the Employer and the Employee. Part-time employees working December 24'" will not be required to work December 31' 1 and viceversa In order to qualify to receive the holidays set out above in Article 7.01 (a) and (b), employees shall be required to work their last regularly scheduled shift before the holiday and their regularly scheduled shift after the holiday unless excused for a reason satisfactory to the Employer Where a statutory holiday falls while an employee is on approved sick leave, she shall be paid statutory holiday pay for the day in question provided she is otherwise entitled to it. Such employee, however, shall not receive sick pay or Salary Continuance for that day Any employee required to work at a location which operates on weekends shall be granted at least three long weekends (consisting of three or more consecutive days, two (2) of which will be the Saturday and Sunday, on any weekend of the year) per year, one of which will be between May 1" and September B'" when a statutory holiday occurs. The Employer shall endeavour to provide a fourth ( 4) long weekend per year. 5

9 ARTICLE 8-VACATIONS 8.01 Vacation entitlement is based on seniority as of January 1 tt of each year. If an employee reaches a vacation milestone in the current vacation year. the paid vacation entitlement for the full-rime employees will be pro-rated so that the employee receives benefit of reaching the next vacation milestone in the current year. A full time employee who: (a) has completed one (1) year or more of continuous service on June 1 in any year but less than seven (1) years of continuous service with the Employer shall receive three (3) weeks vacation with pay; (b) (c) (d) (e) has completed seven (1) years or more of continuous service on June 1 in any year but less than fourteen (14) years of continuous service with the Employer shall receive four (4) weeks vacation with pay; has completed fourteen (14) or more of continuous service on June 1 in any year but less than twenty-one (21) years of continuous service (subject to conditions specified in (d) with the Employer shall receive five (5) weeks vacation with pay; has completed twenty-one (21) years or more of continuous service on june 1 in any year with the Employer shall receive si."< (6) weeks vacation with pay. All employees who have less than one (1) year's service on June 1 in any year shall be entitled to vacation with pay on a pro-rata basis in accordance with Article 8.01(a). ( ~ Based on the seniority listing as of January 1" each year, part-time employees shall receive vacation pay as follows: 6% 3 weeks after one (1) year of service 8% 4 weeks after seven (T) years of service 10% 5 weeks after fourteen (14) years of service 12% 6 weeks after twenty-one (21) years of service Vacation preference shall be granted in accordance with length of seniority. Employees shall select all of their vacation entitlement based on seniority but subject to the operational requirements of the department. Two weeks of this selected time may be booked during prime time, as outlined in this Article, with the balance of vacation at any time during the year subject to availability. Prime time is defined as July, August and up to and including Labour Day, Christmas, school break and March break as defined by the Employer. In the event prime time is available after all employees have had the opportunity to select their two (2) weeks in prime time employees shall have the right to select additional prime time vacation based on seniority and operation requirements. The Employer will indicate its expected operational requirements prior to the selection process, however those may be changed where circumstances warrant it. 6

10 Requests for vacation time will be submitted by January 15th with final approval to be confirmed by February 5th. Employees wishing to change their vacation after the schedule has been posted may only do so on the basis of available time if it does not interfere with another employee's approved vacation. In the event of bereavement, as outlined in Article 11.01, or hospitalization during an employee's scheduled vacation leave, the employee shall have the appropriate vacation time reinstated, to be taken at a mutually agreeable time, and the other leave provision shall apply Employees who are not employed on a full-time basis throughout the vacation year shall have their vacation pay reduced on a pro-rated basis in accordance with the amount of time actually worked full time. Employees who are in receipt of salary continuance benefits or sick leave benefits for an aggregate of 120 work days or more in the vacation entidement year shall have their vacation pay reduced on a pro-rated basis. The amount of time an employee is entitled to take off will not be prorated and will be in accordance with Article 8.01 based on years of continuous service and Article for part-time service When an employee leaves the service of the Employer without having utilized her earned vacation time, she shall be entitled to pay for each day of vacation due her in accordance with the schedule set forth in 8.01 above If an employee changes departments, the Employer shall endeavour to permit previously scheduled vacations to be taken subject to the operational requirements of the department In the event of a major restructuring affecting at least twenty-five (25) percent of the bargaining unit employees in a department, vacations shall be rescheduled in order of seniority in the affected department(s). ARTICLE 9- SICK LEAVE AND SALARY CONTINUANCE 9.01 Each full time employee who has completed her probationary period shall be entitled to leave without loss of pay for sickness, in accordance with Credit Union policy. Such sick leave will be accumulated at a rate of one point five (1.50) working days for each full month worked, but such accumulation shall not exceed a total of one hundred and fifty days (150) working days. Any such leave will be non-commutative. A full month worked shall be defined as one in which the employee has been absent for no more than three (3) days. Employees who on January 1, 1999 have in excess of one hundred and fifty (150) sick days shall have such days stand to their credit until used. Employees may use sick leave to care for dependent family members, including child, spouse, parents or other family members residing in their home to a maximum of three (3) days. Part-time employees will accumulate sick leave credits at the rate of one half (1/2) working day for each full month worked, to a maximum of si.x (6) sick days per year. Such sick leave will be noncumulative. Part-time employees can carry over unused sick leave credits to a maximum of ten (10) days. A part-time employee who works a shift of less than 7 hours shall accumulate sick days on a pro-rated basis on the hours regularly worked Full time employees may use any accumulated sick leave credits before availing themselves of the Long-term Disability Plan. Employees shall receive this benefit in accordance \vith the terms and conditions of the Plan or Policy. Pursuant to such policy. an:y employee making an LTD claim will 7

11 provide such medical information as requested by the insurance carrier in order to enable a determination to be made as to his/her eligibility. After the exhaustion of sick leave credits. the LTD plan requires mandatory proof of a claim no later than thirty (30) working days prior to the commencement of LTD coverage. Participation in the early intervention program is mandatory under the terms of the policy once the employee has exhausted his/her sick leave credits and applies for LTD coverage Period of absence due to sickness for three (3) or more working days will be evidenced by a medical doctor's certificate if requested by the Employer. The Employer will pay for any cost associated with providing the certificate Employees on sick leave shall retain and continue to accumulate seniority Any employee moving from full-time to part time during the year shall maintain any accumulated sick days, and shall receive any paid vacation allowance earned. This shall also apply for a part-time employee filling in a full-time temporary posting. However, any such accumulated sick days may only be used if the employee reverts to a full time position. A full-time employee moving from full time to part-time status may carcy over sick days up to the part time maximum of ten (10) days. ARTICLE 10 -PERSONAL LEAVE OF ABSENCE The Employer may grant a leave of absence of up to three (3) months without pay, to employees for personal reasons. The employee must renew such a leave of absence at the end of each three (3) month period. Leave of absence shall not be granted to an employee for purpose of working elsewhere. An employee must exhaust all vacation entitlement for the calendar year prior to the commencement of any personal leave. Such leave of absence shall not be unreasonably withheld. In the event that a request for a leave of absence is declined, the reasons for the decline will be discussed with a union steward and the employee involved. Except in emergency situations, employees shall endeavor to provide the employer with a minimum of one (1) month notice prior to the start date of the leave of absence Following the end of the calendar month in which leave of absence commenced, fringe benefit coverage shall cease unless the employee makes arrangements to pay the employer for the full premium cost of the coverage of fringe benefits upon commencement of such leave Employees on approved leave of absence shall retain but not accumulate seniority Upon written request. not less than thirty (30) days prior to the expected commencement of the leave. an employee may be granted an unpaid education leave for the purpose of attending at an educational institution related to our business to continue their education. The leave of absence shall not exceed twelve (12) months at any one time. Such leave of absence shall not unreasonably be withheld. In the event that a request for such leave of absence is declined. the reasons for the decline will be discussed with a union steward and the employee involved. ARTICLE 11- BEREAVEMENT LEAVE For fulltime employees, leave of absence with pay shall be granted to compensate for lost wages in the case of death of a family member as outlined below: 8

12 (i) (ii) (iii) (iv) wife, husband, child, common-law spouse after one (1) year co-habitation, same sex spouse, father, mother, step-father, step-mother, step-son and daughter; five (5) consecutive scheduled working days brother, sister, step-brother, step-sister, mother-in-law, father-in-law; four ( 4) consecutive scheduled working days grandparents, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchildren, and any other relative living in the same household whose death requires the attendance of the employee; three (3) consecutive scheduled working days one (1) day to attend the funeral of a niece, nephew, aunt, uncle. If the three (3) consecutive days provided in (iii) do not include the day of the funeral, the employee shall be given a paid day of leave on the day of the funeral. The Employer will grant paid leave to a maximum of three (3) working days to attend to any of the above who are terminally ill. Part time employees will be granted leave of absence with pay for the same number of scheduled working days above that fall within a seven (7) day period beginning on the date of death. A part time employee who is on vacation at the time of a bereavement will receive an average of the hours he/she worked on a daily basis in the four (4) weeks worked preceding the bereavement. Employees who must travel 300 kilometres or more to attend a funeral will be granted one extra paid day of travel. One (1) additional unpaid day may be provided for employees required to travel outside of the countcy. ARTICLE 12-JURY AND WITNESS DUTY In the event of an employee being summoned for jury duty or subpoenaed by the Crown as a witness, the employee shall be paid the difference between the jury pay or conduct money and salary by the Employer and the employee's seniority shall accumulate during this absence. ARTICLE 13- PREGNANCY AND PARENTAL LEAVE (a) Pregnancy Leave Any female employee who has completed at least thirteen (13) weeks continuous service with the Credit Union shall be entided to a pregnancy leave, without pay, for a period of seventeen (17) weeks. Employees must submit in writing a doctor's certificate estimating the date of confinement. Employees must give in writing at least two (2) weeks notice of the date of commencement of leave and will endeavour to give more notice. If the employee does not specify the date of the end of the pregnancy leave, it will be assumed that she wishes to take the maximum leave. An employee electing to return to work prior to the expiration of her pregnancy leave shall provide a doctor's certificate stating she is able to return to work and at least four (4) weeks notice of her intention to resume work. On her return work, the employee will be placed in her former position if it still exists or, secondly, in a comparable position if it does not exist without loss of benefits accrued to the commencement of her leave of absence. The employee's seniority rating shall not be affected by such leave. The employee's salary level will be at her former rate or the new rate, whichever is greater. 9

13 (b) (c) Parental Leave An employee who has completed at least thirteen (13) weeks continuous service with the Credit Union and is the natural or adoptive parent of a child which they intend to treat as their own shall be entitled to a parental leave, without pay, for a period of up to thirty-five (35) weeks following the birth of a child or the coming into custody, care or control of a child for the first time. Such leave shall commence within thirty-five (35) weeks of the birth date or custody date. A mother electing to take a parental leave must begin such leave immediately following her pregnancy leave and shall notify her Employer of her intent to take parental leave at least two (2) weeks prior to commencement of the leave and will endeavour to give more notice. Employees unable to give notice of the commencement of parental leave within two (2) weeks of the date of the commencement leave. An employee electing to return to work prior to the expiration of her parental leave may do so upon providing the Employer with at least four (4) weeks notice of intention to return to work. \Vhile an employee is on pregnancy or parental leave, the Employer shall continue to make Employer contributions to life insurance, health, dental and pension plan unless the employee has advised the Employer is writing that she does not wish to continue to make employee contributions (if any) to such plans An employee may use any unused vacation in the calendar year for which it is earned in addition to their maternity/ parental leave entitlement. ARTICLE 14- UNION LEAVE OF ABSENCE Leave of absence without loss of seniority or other benefits shall be granted to employees who are absent for the purpose of attending Union conventions or educational seminars. Not more than one (1) employee shall be absent from each department at any one time. ARTICLE 15-SENIORITY Seniority shall be accumulated on the basis of the length of service with the Employer and shall be accorded to each employee at the completion of the probationary period of four (4) months for Investment Service Representative, Senior Member Solutions Advisor and Member Solutions Advisor and three (3) calendar months for all other positions from date of hiring. An employee will be considered on probation and will not be placed on the seniority list until after she has been employed for three (3) or four (4) calendar months. The grievance of a probationary employee may succeed only if it can be demonstrated that the Employer has acted in bad faith or in an arbitrary manner, or on improper discriminatory grounds as set forth in the Ontario Human Rights Code, as amended. In addition, a probationary employee may be discharged where she is surplus to the Employer's needs. Part-time employees will acquire seniority after serving a probationary period of 320 hours worked or four months, whichever occurs later for Investment Service Representative, Senior Member Solutions Advisor. Member Solutions Advisor or Member Relationship Advisor positions and 240 hours worked or three months, whichever occurs later for all other positions Upon the completion of the probationary period, each employee shall be entitled to all rights and privileges of this Agreement and such employee's seniority shall be effective as of the original date of employment Seniority shall mean length of continuous service with the Employer. Effective date of ratification (July ), seniority of part-time employees shall be calculated on the basis of 1500 hours 10

14 worked equals one (1) year of service. For purposes of job postings, seniority shall mean length of continuous service with the Employer for all employees, except employees working regularly less than eighteen (18) hours per week Seniority rights and an employee's employment shall be deemed to have been terminated if she: (a) voluntarily leaves the service of the Employer, (b) (c) (d) (e) (t) is discharged for just cause and the discharge is not reversed through the Grievance and Arbitration Procedure; is laid off for more than thircy-six (36) months; fails to return to work within fourteen (14) calendar days after being recalled from layoff by notice sent by registered mail to her last known address which the employee has provided to the Employer unless a satisfactory explanation for the failure to return is given to the Employer by the employee. An employee shall be deemed to be recalled five (5) working days after the date on which the letter of recall is registered and sent' fails to return to work upon termination of an authorized leave of absence unless she provides a satisfactory explanation; is absent from work without permission for two (2) consecutive working days unless a satisfactory explanation is given to the Employer by the employee The Employer shall post a seniority list on the bulletin board in the third week of january and July each year. The Union shall be given a copy of such list. Each seniority employee will be provided with a copy of the seniority list by means of the bulletin board The Union agrees that employees shall give two (2) weeks notice if they desire to terminate their employment or shorter notice which is satisfactory to both parties It is hereby agreed that the Employer has the right to discharge an employee for just cause, but no employee will be dismissed with less than two (2) weeks' notice or two (2) weeks' pay in lieu of notice, except for cause A temporary employee who is successful at bidding for a permanent position within the bargaining unit and has passed the probationary period under Article 15.01, shall be deemed to be added to the seniority list effective the starting day of his/her temporary position, provided that there has been no interruption in the employment with the Credit Union. ARTICLE 16 -BENEFITS The Employer will continue to pay the premiums required to provide OHIP, Group Ufe Insurance, Extended Health and Dental for all full time seniority employees during the term of this Agreement. A brief summary of major benefits shall be outlined in Schedule A All of the benefits mentioned in shall be as more particularly described and set forth in the respective Plan Documents or Policies of Insurance. 11

15 Should the Employer qualify for the Unemployment Insurance Premium Reduction Program, it is agreed that any savings will accrue solely to the Employer in order to pay for benefits Full time employees will receive forty dollars ($40.00) per month transportation allowance. Part-time employees will receive twenty dollars provided the employee has worked eighty (80) hours in the previous month. When the Credit Union is on reduced summer hours, the qualifying amount for part-time employees will be seventy-two (!2) hours. For the purposes of transportation allowance, vacation and paid holidays will be considered time worked for part-time employees. This clause is applicable only to those employees who had acquired seniority on March 14, 1994 and who are performing regular duties at the place of employment of the Employer At the time of hire. employees will be required to join and participate in the Tandia Financial Credit Union Retirement Plan. Eligible employees are required to contribute a minimum of four (4%) percent of their earnings. to a maximum of eight (8%) percent of their earnings. to such plan. Eligible employees must choose their annual participation rate in the first week of January each year. Employee contributions 'vill be deducted on a bi-weekly basis and the Employer shall match the employees' contribution. An employee may not withdraw any contribution made by him or her or made on his or her behalf while employed by the Credit Union Part-time employees shall receive in lieu of all benefits except Vacation and Statutory Holidays, seven (7) percent of their hourly rate. If a part-time employee is transferred to a full time position for an excess of sl'cty (60) days, the employee 'vill receive benefits and cease to receive the percent in lieu Senioricy employees off work due to an approved medical leave shall continue to have Extended Health & Dental Benefits. AD &D and Life Insurance premiums paid for by the Credit Union until the insurer renders a final decision declaring that the employee is no longer entitled to LTD benefits. ARTICLE 17- BULLETIN BOARD A bulletin board including an electronic bulletin board will be made available to the Union by the Employer for the purpose of posting Union notices relating to meetings, dues, entertainment, health and safety and general Union activities. All notices except those pertaining to unit meetings, educationals or Labour-Management Meeting notices are subject to the Employer's approval, but such approval shall not be unreasonably 'vithheld by the Employer. The Associate Vice President, Human Resources or designate will be included on the distribution list. ARTICLE 18- LAY-OFF AND RECALL In the event of a decrease in the working force, the employee with the least seniority within the bargaining unit will be affected first, providing the employees remaining are able and willing to perform the work available. Prior to the lay-off of seniority employees, students and agency employees shall be laid off provided the employees remaining are qualified to perform the work required In the event of lay-off (1) Union Steward shall be the last to be laid off and the first to be recalled provided that he or she is fully able to perform the work required. Employees will be recalled from lay-off in order of seniority providing they are qualified to perform the work required. 12

16 18.03 In the event of a lay-off, the employee shall continue to accumulate seniority and shall have the recall rights for a period of up to thircy-six (36) months Full-time employees who bump part-time employees to avoid layoff shall continue to accumulate seniority on a full time basis for one (1) year and thereafter shall accumulate seniority on a part-time basis In the event of restructuring, prior to laying off any employees, the Employer will first canvass the entire bargaining unit to determine if any employee wishes to elect a voluntary lay-off option provided the union and Employer can agree to a process and terms at that time In accordance 'vith Article of the CoUective Agreement, the Employer will follow the procedure outlined below: (a) The Employer will endeavour to provide the Union and all seniority employees who may be affected with at least thirty (30) days written notification of lay off but such notice shall be no less than the affected employee's entitlement of notice as specified in the Employment Standards Act, Ontario, as amended. (b) The written notice employees will include a list of positions and the names of the most junior incumbents who they are eligible to bump. The eligibility for bumping will be pursuant to the fouowing conditions: i) the most junior employee based on seniority at each location will be identified ii) employees may bump into a higher position provided they are fully qualified (c) Employees will provide the Employer 'vith written notice of their intent to bump, identifying the position and the incumbent they intend to bump. This must be done within fourteen (14) days of receipt of notification of lay-off. Where an employee elects not to bump, they shall serve their full notice period, as mutually agreed by the Employer and employee, prior to being laid off, if they so choose. (d) Notwithstanding Article 18.06(b), employees will be deemed to be able to perform the full range of duties provided they are eligible to do so after a familiarization/trainin~period of not more than fifteen (15) working days. Prior to the commencement of the familiarization/training period the employee will be provided with the performance expectations during the fifteen (15) working days familiarization/ training period. (e) During the familiarization/ training period the employee will be provided with direction from the Reporting Manager. The familiarization and training period shall be interpreted as meaning the employee will be provided with periodic direction and assistance from the Reporting Manager. At the start of the familiarization/ training period, the Reporting Manager and employee shall meet to discuss areas where the support may be required. (Q The employee being bumped will be removed from the Department and be assigned other duties to be completed while the familiarization period is occurring. 13

17 (g) The employee being bumped will be so advised in writing. The employee being bumped will also advise the Employer in writing within seven (!) days of receipt of notice that he or she intends to bump, identifying the position and incumbent. (h) If a person exercising the right to bump is unable to demonstrate that they are able to perform the full range of duties identified during the fifteen (15) days_familiarization/training, he or she shall be permitted only one further opportunity to bump before being laid off. (i) An employee who is displaced from the workplace as a result of this process shall be laid off. ARTICLE 19-JOB POSTING PROCEDURE In all cases of promotion, demotion or increase of the working force, or lateral moves within the department or groups, the job shall be awarded according to seniority provided that the senior applicant has the ability, efficiency, technical knowledge and other necessary skills to perform the job Where the senior applicant is not awarded the position, prior to announcing the selection, the Manager, Human Resources will meet with the Chief Steward to explain the reasons for the decision including the process that was used If a permanent position within the bargaining unit becomes vacant it must be posted. It shall be posted within thirty (30) days after the job is vacated and the salary range shall be indicated. The Employer agrees to notify the Union if it does not intend to fill a vacancy Permanent positions available for selection within the bargaining unit shall be posted for a period of seven (7) calendar days. The Employer shall make reasonable efforts to place the successful employee in the job within thirty (30) days of notification Seniority employees may be returned to their previously held position should management determine they are not successful in the position upon conclusion of a minimum of sbcty (60) days of the ninety (90) calendar trial day period, subject to their right to grieve. The employee shall have the option to return to his/her previously held position within thirty (30) calendar days of being placed in the position Employees must have been awarded their current position for a minimum of nine (9) months before applying for a lateral transfer. Employees filling a temporary position can apply for any permanent position during the time they are filling the temporary position Temporary vacancies shall be posted only if it is expected that they will exceed two (2) months duration When a bargaining unit person is temporarily assigned to the position of Assistant Branch Manager, he or she will receive a responsibility allowance of $4.00 for all hours worked in that position When an employee is temporarily assigned by the Employer to perform the duties of a bargaining unit person in a higher rated classification, he or she will receive the rate of pay of the higher rated classification pursuant to Article 21.02, provided he or she performs those higher rated duties for a minimum of two (2) hours. 14

18 19.10 Employees filling a temporary position can apply for any permanent position during the time they are filling a temporary position. If an employee holding a temporary position is awarded a permanent placement that employee must assume their new position within thirty (30) days of being awarded the position pursuant to Article ARTICLE 20-NON-DISCRIMINATION (a) The Employer agrees that he will not discriminate against an employee because of her activity as a member of the Union. (b) The Employer and the Union agree there shall be no prejudice or discrimination on the basis of age, sex, marital status, sexual orientation, national or racial origin, nationality, colour, religion or handicap in regard to hiring, promotions, demotions, layoffs, dismissals, rates of pay or other terms or conditions of employment. ARTICLE 21-WAGES Employees will be paid in accordance with Schedule "B" (a) Employees promoted to a position in a higher salary classification level shall be placed on the next highest rate in the new position. (b) Employees moving to a lower salary classification level as a result of applying for a posting, displacing a less senior employee (bumping) or as a result of a demotion shall be placed in the salary grid level appropriate to their years of accumulated seniority. This article does not apply in the case of a temporary assignment by agreement between a part-time employee and the Employer, pursuant to 6.01 (d), to fill additional hours needed in lower classified job levels Employees temporarily assigned to a lower rated classification shall receive the wage rate of their regular classification. A temporary assignment is one which does not exceed three (3) months An employee who takes a permanent placement in a lower classification and who within three years returns to his/her former higher classification, will be placed at the same step in the grid as he/she was previously in. ARTICLE 22- GRIEVANCE PROCEDURE A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of this Agreement Probationary employees shall not have recourse to the Grievance Procedure The Grievance Committee shall consist of the Chief Union Steward or designate and one (1) additional Steward. The Union Staff Representative may be present for Steps 2 and 3 at the Union's discretion. Requests by the Staff Representative to attend at Step 1 meetings because new Stewards are involved. will not unreasonably be denied. 15

19 22.04 Step 1 An employee having a grievance shall discuss and attempt to settle it with her Branch or Department Manager, as the case may be, with a Steward or Chief Steward being present, as the employee may elect, and such grievance shall be discussed within ten (10) working days after the grievor has become aware of the circumstances giving rise to the grievance. The Branch or Department Manager, as the case may be, will make his decision known to the grievor within three (3) working days after the discussion with the grievor. Grievances not adjusted in this way may be appealed to Step Step 2 Notice of appeal must be given to the Associate Vice President, Human Resources or his delegate within seven U) working days of the decision from Step 1. Such notice shall be in writing and shall be signed by the grievor. The Associate Vice President, Human Resources shall meet with the Grievance Committee of the Union within three (3) working days of the receipt of appeal. The decision of the Associate Vice President, Human Resources shall be given within five (5) working days after the meeting with the Grievance Committee Step 3 If the decision of the Associate Vice President, Human Resources is not satisfactory, the Union may, within seven(!) working days of the date of such decision, give notice of appeal in writing, outlining the issue in dispute, to the Senior Vice President. Sales/Operations. The Senior Vice President. Sales/Operations shall meet with the Grievance Committee within fifteen (15) working days to investigate the grievance and attempt to settle it. A written decision shall be given by the Senior Vice President. Sales/Operations within seven [1) working days after the meeting with the Grievance Committee A grievance not adjusted in Step 3 may be referred to a single Arbitrator. Such referral shall be by notice in writing to the Senior Vice President. Sales/Operations within thirty (30) working days following receipt of the written decision of Step 3. Within ten (to) working days from the date on which the grievance is referred to arbitration, the Union shall notify the Employer of their suggestions for an Arbitrator The Employer shall respond within five (5) working days of receiving the Union's suggestion. If no agreement can be reached on the appointment of an Arbitrator within thirty (30) calendar days, the tvlinister of Labour of the Province of Ontario will be asked to appoint an Arbitrator The Arbitrator shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provisions in lieu thereof or to give any decision contrary to the terms and provisions of this Agreement The Arbitrator may, nevertheless, decide whether or not retroactive wages are payable because an employee has been deprived of wages as a result of a violation of the Agreement by the employer and may modify discipline as related to loss wages where, in the opinion of the Arbitrator, the event of the discipline is unreasonable in relation to the offence. (The Arbitrator, may not award retroactive pay in excess of ninety (90) days immediately preceding the date of the written statement of the grievance provided at Step 2 of the Grievance Procedure.) The decision of the Arbitrator shall be final and binding on both parties. 16

20 22.12 Each party will bear the expense of its nominee and shall share equally the expense of the Arbitrator Grievances relating to discharge may be appealed directly to Step 3 of the Grievance Procedure Group Grievances may be initiated by the Union and shall be resolved in accordance with the provisions of this Article beginning at Step 2 of the Grievance Procedure The Grievance and Arbitration Procedure may be invoked by the Employer. Such grievances may be initiated by the Employer at Step 3 of the Grievance Procedure by filing with the Chief Steward. For such purposes, the provisions of this Article will be read and construed with the necessary changes. ARTICLE 23- TECHNOLOGICAL CHANGE AND TRAINING (a) Discussion of Change In the event of proposed technological changes, such as the introduction of data processing equipment, computers, or other automated office machines, the Employer agrees to discuss such changes with the Union Representative before such changes are made. (b) (c) Posting ofvacancies Any jobs created by virtue of the installation of such equipment will be posted for bidding among the employees within the collective bargaining unit. When the Employer introduces new technology in the form of new equipment, and such introduction has the result of displacing an employee, or significantly changing the job of an employee, the Employer will notify the Union as far in advance as practical but at least thirty (30) days in advance The Employer recognizes the value of training and professional development. The Employer is committed to ongoing training programs for employees. The employees acknowledge their responsibility to participate in training Employer will undertake to pay for the registration for ongoing education and professional development relative to financial institutions in accordance with the policy of the Credit Union Where employees are specifically assigned by the Human Resources Department or other member of management to train either employees who are new to the organization, or employees who are awarded temporary or permanent positions as a result of job postings under Article 19.01, shall be paid a premium of $4.00 per hour spent training In the event the Employer modifies the educational requirements for a position which an employee already holds, the employee will be provided with a reasonable period of time_to obtain the new educational requirements. The employee will not be displaced from his/her position as a result of his/her failure to possess such requirements In the event an employee is awarded a job posting and the employee has not yet completed the courses required for this position. the employee shall have twelve (12) months to complete these courses. In the event the employee has not successfully completed the required courses within the twelve (12) months from the date the job was awarded. the employee will be removed from the 17