Collective Agreement

Transcription

1 Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 557 and Topnotch Building Maintenance Ltd. DURATION: January 01, December 31, 2016 OPSEU SEFPO Sector

2 ARTICLE # TABLE OF CONTENTS PAGE # PREAMBLE ARTICLE 1 - RECOGNITION... 1 ARTICLE 2 - MANAGEMENT RIGHTS... 1 ARTICLE 3 - NO DISCRIMINATION... 2 ARTICLE 4 - UNION SECURITY... 3 ARTICLE 5 - REPRESENTATION... 4 ARTICLE 6 - DUES DEDUCTION... 6 ARTICLE 7 - WORKPLACE HEALTH AND SAFETY... 7 ARTICLE 8 - SENIORITY... 8 ARTICLE 9 - GRIEVANCE PROCEDURE... 9 ARTICLE 10 - ARBITRATION..: ARTICLE 11 - DISCHARGE, SUSPENSION AND DISCIPLINE ARTICLE 12 - LEAVES OF ABSENCE ARTICLE 13 - VACATION ARTICLE 14 - PAID HOLIDAYS ARTICLE 15 - PERSONAL EMERGENCY LEAVE ARTICLE 16 - JOB POSTING ARTICLE 17 - PROMOTION AND DEMOTION ARTICLE 18 - TEMPORARY EMPLOYEES ARTICLE 19 - HOURS OF WORK, OVERTIME, SHIFT SCHEDULING ARTICLE 20 - WORK-RELATED APPAREL AND EXPENSES ARTICLE 21 - JOB SECURITY - LAYOFF AND RECALL ARTICLE 22 - NO STRIKE OR LOCK -OUTS ARTICLE 23 - WAGES... 23

3 ARTICLE 24 - GENERAL ARTICLE 25 - DURATION AND RENEWAL APPENDIXA - WAGES LETTER OF UNDERSTANDING RE: ARTICLE ii

4 PURPOSE The general purpose of this Agreement is to promote cooperation between the Employer and the Union, to establish and maintain collective bargaining relations, to establish and maintain mutually satisfactory working conditions, hours of work and wages, and to provide procedures for a prompt and equitable disposition of grievances for all employees who are subject to the provisions of this Agreement. ARTICLE 1- RECOGNITION The Employer recognizes the Union as the sole Bargaining Agent of all housekeeping maintenance employees of Topnotch Building Maintenance Ltd. at the George Brown College in the city of Toronto, Casa Loma and Waterfront locations, save and except supervisors and persons above the rank of supervisor The Employer agrees to notify the Union at the Regional Office of the name and address of any new employee within the Bargaining Unit The Union recognizes that it is the Company' s exclusive right to operate and administer its affairs and no Union activity shall be carried on at the workplace except as specifically authorized by the provisions of this agreement. The term " employee" as used in this agreement shall mean only those employees who are include in the bargaining unit as described in Article above. For the purposes of interpretation, whenever the feminine gender is used in this Agreement, it shall be deemed to include the masculine and singular shall include the plural and vice -versa wherever the context so requires. ARTICLE 2 - MANAGEMENT RIGHTS The Union acknowledges the right of the Company to manage its business, to direct the work force and to establish and maintain reasonable rules and regulations The Union acknowledges further that it is the function of the company to: a) Maintain order, efficiency and discipline; operate the facility in a profitable manner. b) Hire, discharge, classify, schedule, promote, demote, discipline suspend and discharge employees, provided a clam that a non - probationary employee has been discharged or disciplined without just 1

5 cause may be the subject of a grievance and dealt with as hereinafter provided. c) Generally to manage the industrial enterprise in which the Company is engaged and to exercise all the Rights of Management, except to the extent that such rights are modified by this Agreement to determine the services to be rendered, the kinds of machines to be used, the method of operating, and control of material or goods to be used. d) Make and alter, from time to time, reasonable rules and regulations governing the conduct of employees during working hours provided that such rules and regulations are not inconsistent with the provisions of this Agreement. ARTICLE 3 - NO DISCRIMINATION The Employer agrees that there will be no intimidation, discrimination, interference, restraint or coercion exercised, or practiced, by the Employer, or its representatives, because of membership in the Union There shall be no discrimination, restraint or intimidation, harassment, interference, coercion exercised, or practiced, by the Employer, or its representatives, or the Union, or any of their representatives against any employee because of sex, sexual orientation, age, marital status, race, colour, creed, national origin, political opinions, ancestry, citizenship, family status, same-sex partnership, disability, or receipt of public assistance. Standards used in interpreting this Article shall, where applicable, be those used for Ontario Human Rights legislation The Employer, employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code The Employer recognizes its duty to accommodate employees, short of undue hardship, under the Ontario Human Rights Code. Where such a duty arises the Employer will develop an appropriate accommodation plan with the employee and the Union that meets the criteria and principles set out in the Ontario Human Rights Commission' s Policy and Guidelines on Disability and the Duty to Accommodate. It is understood that the principles in these Guidelines apply equally to all enumerated grounds under the Ontario Human Rights Code No Harassment Harassment is a form of discrimination and includes all forms of harassment, including, but not limited to, sexual harassment, gender harassment, racial/ ethnic harassment, personal harassment, harassment 2

6 on the basis of sexual orientation, and harassment on the basis of disability. The Union and the Employer agree that there will be no forms of harassment exercised or practiced with respect to any employee, or any applicant seeking to become an employee With respect to the above, Harassment will be defined as; a) Any improper behavior which is offensive to any employee and which knows, or ought reasonably to have known, would be inappropriate or unwelcome, or b) Objectionable conduct, comment, or display made on either one-time or continuous basis that demeans, and/ or exclusion from that to which a person( s) would otherwise have a right or privilege, which offends, intimidates, belittles or causes personal humiliation or embarrassment to an employee; or, c) Unwanted attention of a sexually -oriented nature; or, d) Implied, or expressed, promise of reward for complying with a sexually - oriented request; or, implied or expressed threat of reprisal, actual reprisal, or the denial of opportunity for the refusal to comply with a sexually -oriented request; or, e) Remarks or behavior which may reasonably be perceived to create a negative working environment. ARTICLE 4 - UNION SECURITY Copies of the Agreement The Employer and the Union desire each employee to be familiar with the provisions of this Agreement and his rights and obligations under it. For this reason, the parties shall share the cost of printing and distribution, up to fifty percent ( 50%) of the cost, to a maximum not exceeding fifty dollars ) within six (6) months of the ratification of this Agreement Bulletin Board The Employer will provide a bulletin board space for the posting of Union notices New Employees A new employee will have the opportunity to meet with a Representative of the Union in the employ of the Employer for a period of up to fifteen ( 15) 3

7 minutes during the employee' s orientation period without loss of regular earnings. The Union will provide a new employee with a copy of the Collective Agreement. ARTICLE 5 - REPRESENTATION The Employer agrees to recognize the following Union committees; a Negotiating Committee and Labour Management Committee, and will recognize to a maximum of two ( 2) Stewards, inclusive of the Unit Steward The privilege of Union Members to leave their work, without loss of pay or benefits, to attend to Union Business, is granted on the following conditions, as such business must be between the Union and the Employer: a) The time shall be devoted to the prompt handling of necessary union business. b) The Union Members concerned shall obtain the permission of the Supervisor concerned before leaving their work. Such permission shall not be unreasonably withheld, The employees will be allowed to hold meetings on the Client's premises provided permission for such meeting is obtained in advance from the Unit Manager Negotiating Committee The Employer also agrees to recognize a Bargaining Committee consisting of up to two ( 2) employees plus the Union Representative for the purpose of amending or renewing the present Agreement Time -Off for Negotiating Committee Employees serving on the Union' s Negotiating Committee shall be paid for lost time at his or her normal straight -time rate of pay for scheduled negotiating meetings up to Conciliation. The Union may request additional time -off from work in caucus for the purpose of preparing for scheduled negotiating meetings. The Employer will not unreasonably deny such requests. The Employer shall continue the wages and benefits of all employees for the time spent in such caucus meetings. The Employer shall invoice OPSEU for reimbursement of the wage and benefits. All hours will be considered hours worked.

8 5. 06 Labour Management Committee Both parties agree to establish a Labour Management Committee consisting of two ( 2) Union Representatives and two ( 2) Management Representatives with the capacity of either party to bring in an additional resource person from the Union or the Employer. The Chairperson at the first meeting shall be named by the Employer and thereafter shall alternate between a member of the committee selected by the Union and a member selected by the Employer. The Chairperson shall appoint a secretary who shall keep the minutes of the meeting. The committee will meet once per month and more or less frequently by mutual agreement. The Committee will provide a forum for on- going communication and the joint consideration of various concerns which arise in the day-to- day activities of the employees represented by the Union. All such meetings will be held during normal working hours It is understood and agreed that either party may be represented or assisted by an outside representative at any meeting of the committees listed in Article Employees shall have the right to the assistance of OPSEU Representatives at all meetings with the Employer. They first must notify the Employer that an OPSEU Representative will be in attendance at any such meetings The Labour Management Committee shall not have the right to alter or amend the Collective Agreement Members of the Labour Management Committee shall be paid their regular straight -time salary for all time spent in meetings with the Employer Committee. Members performing these duties during other than their regular hours will receive this pay, but the hours spent will not be counted for purposes of calculating overtime payment, but will be considered toward hours worked The Employer shall continue the wages and benefits of all employees for their time spent attending to Union Business that is not otherwise covered under the Collective Agreement. The Employer shall invoice OPSEU for reimbursement of the wages and benefit costs The Union shall keep the Company notified in writing of the name of the Steward and the Staff Representative and the effective date of their appointment. The Company shall not be required to recognize a Steward until so notified in writing of his election or appointment. 5

9 5. 13 No Steward or Union Representative shall exercise, or attempt to exercise, any authority or control over the functions of Management, as set forth in Article 1 hereof It is agreed that the Steward shall continue to perform his regular work in order to maintain efficiency of operations. However, in accordance with this understanding, should it be necessary to assist an employee in presenting a grievance during working hours, he will not leave his work without first obtaining permission from his Supervisor, or his designate, which will not be unreasonably withheld. Should the Steward find it necessary to assist employees in presenting a grievance during a shift when there is no supervision, the Union agrees that the Steward will not abuse his privilege under this paragraph by absenting himself from work in an unreasonable manner and for more time than reasonably required to handle the grievance The Company and the Union agree that there shall be no discrimination, interference, restriction, or coercion as a result of an employee' s membership, or activities, in the Union, or their lack thereof. ARTICLE 6 - DUES DEDUCTION The Employer shall deduct from each month' s pay of each employee, beginning the month following the execution of this Agreement, an amount equivalent to such Union dues as may be designated by the Union from time -to -time. Union dues shall also be deducted from any retroactive wage payments resulting from the execution of this Agreement, if any The Employer agrees that it will remit the total amount of such deductions to the Accounting Department of the Ontario Public Service Employees Union ( OPSEU), 100 Lesmill Road, Toronto, Ontario, M313 5A9, not later than the fifteenth ( 15th) day of each month following the month that deductions were made. The remittance shall be accompanied by a list of names and Social Insurance Numbers of those employees for whom deductions have been made. The list shall clearly indicate changes in employment status for promotion, demotion, termination and leaves of absence The Employer agrees to give each person in the Bargaining Unit a T-4 Slip for income tax purposes, which shall include the amount of dues deducted and shall give it to each person in the Bargaining Unit on time for inclusion in their income tax return The Union will advise the Employer in writing of the amount of its regular dues. The amounts specified shall continue to be deducted until changed C1

10 by further written notice to the Employer. All changes will be certified to the Employer by the President of OPSEU, or its appropriate authorized official. Changes will become effective beginning the month following receipt of such notice by the Employer The Union agrees to save the Employer harmless, and to indemnify the Employer, with respect to any claim made against the Employer by any employee or group of employees, arising out of the deduction of union dues, as herein provided, except such as may result from the Employer's own error. ARTICLE 7 - WORKPLACE HEALTH AND SAFETY The Employer agrees to establish and maintain one Joint Health and Safety Committee in accordance with the provisions of The Occupational Health and Safety Act. The Committee shall be comprised of at least two 2) representatives from the Union and two ( 2) representatives from the Employer Employees serving on the Joint Health and Safety Committee will be permitted leave from their regular duties to attend meetings of the Committee, including reasonable preparation time immediately prior to the meeting, undertaken during regular working hours. The Employer shall maintain wages, benefits and credits for employees carrying out these activities The Employer shall make reasonable provisions for the safety and health of its employees during the hours of their employment. It is agreed that both the Employer and the Union shall co- operate to the fullest extent possible in the prevention of accidents and in the reasonable promotion of the safety and health of all employees The Employer agrees to provide all safety clothing and equipment required under law, or regulation of any applicable authority. The Employer will maintain a complement of safety belts, where necessary, and gloves sufficient to ensure that all employees whose job tasks require the use of such equipment will have it available The Employer agrees to pay the costs of all relevant training, and/ or certification, of employees required under law, or regulation, of any applicable authority Where required, the Employer shall negotiate a return -to -work protocol with the Union where an employee is returning to work after an injury. 7

11 Emergency/ First Aid Training The Employer will make available to all elected Health and Safety Representatives the opportunity to attend a properly accredited Emergency/ First Aid Course. Time spent attending this course will be considered as time worked, and the Employer will assume all costs, if any, of this course. ARTICLE 8 SENIORITY Seniority, as referred to in this Agreement, shall mean length of continuous service in the Bargaining Unit from the date of hire, and shall be on a Bargaining Unit -wide basis. Seniority will be applied, as set out in other provisions of this Agreement, in determining preference for shift schedules, promotions, transfers, demotions, layoffs, recall and for other purposes as may also be defined Seniority lists will be maintained and posted on the Union bulletin board. The lists shall be updated every January 1st and a copy of each list shall be supplied to the Union at the time of initial posting and subsequent revision. Accumulation of Seniority Full-time employees shall accumulate seniority on the basis of years, months, and days of employment since date of hire. Part-time employees shall accumulate seniority on the basis of hours worked since date of hire Seniority shall continue to accumulate during any paid leave, and for the extended unpaid leave of absence shall be credited with the amount of seniority s/ he had when s/ he left. Seniority shall continue to accumulate during the entire period of a pregnancy and parental leave, Union leave or legal strike action For the purposes of this article, a break in service is defined as any period greater than twelve ( 12) weeks where the employee does not perform any work or services for the Employer. Employees affected by a shutdown will retain their seniority rights, home position and wage rate Where an employee moves from Full- time status to Part-time status or vice -versa, s/ he shall retain the accumulated seniority hours attained at the date of transfer and accumulate future seniority in accordance with the new status. One year of Full- time seniority shall equal one thousand eight hundred and twenty ( 1820) hours. 8

12 Probationary Employee All new employees shall be hired on a probationary basis for a period of three ( 3) calendar months. Employees on probation will be given orientation, training and written evaluations throughout this time period. Probationary employees may be discharged at any time during the probationary period subject to the Employer acting reasonably, fairly, not in a discriminatory manner and in good faith. Loss of Seniority and Termination of Employment An employee will not lose seniority while duly absent from work in accordance with other applicable Articles of this Agreement, because of sickness, accident, layoff or leave of absence approved by the Employer, or legal strike action. An employee will only lose seniority in the event that the employee: a) resigns or retires; b) is discharged ( and the discharge is not reversed through the grievance or arbitration procedure); c) fails to report to work at the expiration of a Leave of Absence unless a reason satisfactory to the Employer is given; d) fails to report for work within seven ( 7) calendar days following a layoff, after being notified by phone, or registered mail to do so, unless through sickness or other just cause. e) is absent from work for three ( 3) consecutive shifts without providing a reason satisfactory to the Employer; f) uses a leave of absence for a purpose other than that for which it was granted It is the employee' s responsibility to ensure the Employer is kept informed of his/ her contact information. If any employee fails to do this, the Employer will not be responsible for a failure of a employee. notice to reach an ARTICLE 9 GRIEVANCE PROCEDURE Any dispute involving the application, interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is eligible for Arbitration, may be made the subject of a grievance. I

13 The Employer and the Union will make an earnest effort to settle all grievances as quickly as possible In this Article, days shall include all days exclusive of Saturday, Sunday and designated holidays Any complaint or grievance that is not commenced, or processed through, the next stage of the Grievance or Arbitration Procedure within the time specified, shall be deemed to have been abandoned by the grievor, and no further action will be required of the responding party. Time limits referred to in the Grievance Procedure and Arbitration Procedure may be extended by mutual agreement if specified in writing. Union Representation The employee must be accompanied and represented by a Union Representative at all meetings in the grievance/arbitration procedure. Step 1 Complaint An employee who has a complaint or question shall discuss the matter with his Supervisor within five ( 5) calendar days of the action giving rise to the complaint or question. The employee may be accompanied by a Steward if they so desire. If the parties do not reach an understanding, then the next step of the grievance procedure may be invoked It is understood that an employee does not have a grievance until s/ he has first given the Employer an opportunity of adjusting his/ her complaint. If the complaint is not settled, it shall be taken up as a grievance within ten 10) days of the discussion in the following manner and sequence: Step The employee may file a grievance, in writing, to the Supervisor within ten 10) calendar days of the time the employee, or the Union, should reasonably have known of the occurrence of the event upon which the grievance is based. The supervisor and the Union shall endeavour to arrange a satisfactory settlement within ten ( 10) calendar days. If such settlement cannot be reached the next step of the grievance procedure may be invoked The Senior Manager shall give the grievor his/ her decision in writing within ten ( 10) days of the submission of the grievance. 10

14 Step If the grievance is not resolved at Step 2, the grievor may refer the grievance to the Local Union Staff Representative. The Branch Manager, or designate, and the Local Staff Representative, shall confer and try to reach a settlement within five ( 5) calendar days, or any such further time period the parties may agree upon. If the matter is settled, the settlement shall be stated in writing and signed by the parties. If a settlement cannot be reached the next step of the grievance procedure may be invoked. Step If the grievance is not resolved at Step 3, the grievor may refer the grievance to Arbitration, within a period of ten ( 10) calendar days from the receipt of the Company' s written answer at Step 3. The parties agree to follow each of the foregoing steps in the processing of the grievance. If at any step the Employer' s Representative fails to give written response within the time limit herein set forth, the Union may appeal the grievance to the next step at the expiration of such time limit. Similarly, if the Union fails to comply with the time limits set forth for their part in the grievance procedure, the grievance will be considered to have been abandoned. Dismissal Grievance Any grievance by an employee who has been discharged or suspended from employ that alleges the discharge or suspension was without just cause, and where the grievance is lodged with the Employer within fifteen 15) days of the discharge or suspension, shall commence at Step 3 of the Grievance Procedure as herein provided. A dismissal grievance may be settled by confirming the Employer's action in discharging or suspending the employee, or by reinstating the employee without loss of pay -rate, position, or seniority, or compensation for any missed shifts, or by any other arrangement which is acceptable to the parties, or, if necessary, an Arbitrator or Board of Arbitration The dismissal of a probationary employee may not be the subject of a grievance, insofar as the Employer' s actions are fair, reasonable, in good faith and not arbitrary or discriminatory. Policy and/ or Group Grievances Where a dispute involving a question of general application or interpretation occurs, or where such dispute does not specifically concern one employee, or where a group of employees or the Union has a grievance, it may be submitted at Step 2 of the grievance procedure. Such 11

15 grievances must be submitted within twenty ( 20) days of becoming aware of the circumstances giving rise to the grievance. ARTICLE 10 ARBITRATION Employees who are summoned, or subpoenaed, and whose attendance is required at Arbitration Hearings shall receive permission to be absent from work with pay where such Arbitration will take place during a scheduled shift The Arbitrator shall be governed by the following provisions: a) The Arbitrator shall hear and determine the grievance and issue a decision which is final and binding on the parties and upon any employee affected by it. b) The Arbitrator will not have the jurisdiction to amend, delete, or add to any provision of this Agreement, and their final decision must be consistent with all Articles of this Agreement, and any and all Letters of Understanding appended to the Agreement. c) The Arbitrator will have the power to amend a grievance, modify penalties, and relieve against non- compliance with time limits, or any other technicality or irregularity. d) The Arbitrator will have jurisdiction to determine whether a grievance is grievable Each party shall pay one- half (Y2) of the remuneration and expenses of the Arbitrator, or Chairperson, of the Arbitration Board. Each of the parties hereto shall bear the expense of its own nominee Should the Union and the Employer be in disagreement as to the meaning of the decision of the Arbitrator, either party may apply to the Arbitrator within fifteen ( 15) days to clarify the decision. a) Within ten ( 10) days after receiving such notice, the other party shall respond by indicating the name and address of its nominee to the Arbitration Board b) The two nominees shall, within ten ( 10) days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairman of the Arbitration Board. 12

16 c) If the recipient fails to name a nominee or if the two nominees fail to agree on a chairman, an appointment may be made by the Office of Arbitration at the request of either party. Med iation/arbitration The parties to this agreement wish to encourage the settlement of grievances as soon as is possible and, wherever possible, without resort to Arbitration. For these reasons: a) The parties are encouraged to take advantage of the process for mediation/ arbitration as provided for in the Ontario Labour Relations Act. b) When the parties do not elect to use S. 50 of the Act, in the period immediately following the referral of a matter to Arbitration, the parties will commence a period of review. During this time they will each seek informed opinion with respect to the matter in dispute and consider whether the issues involved are such that the assistance of a mediator, or some form of early intervention, may be helpful. It is expected that this will occur within the first sixty ( 60) calendar days following referral of the matter to Arbitration, avoiding the delay and costs that result from this process occurring immediately prior to an established hearing date. ARTICLE 11 DISCHARGE, SUSPENSION AND DISCIPLINE For the purposes of this clause, verbal warnings shall be documented and shall be interpreted as the first step towards a progressive disciplinary process Any employee appearing before the Employer, or Employer Representative, for disciplinary measures shall be notified in advance and shall have the right to Union representation An employee considered by the Union to be wrongfully, or unjustly discharged, suspended or disciplined, will be entitled to file a grievance at Step 3 of the Grievance Procedure. In any grievance related to disciplinary action, the burden of proof of just cause lies with the Employer. Meetings of Counsel Prior to issuing a warning or cautionary note, or to proceeding with formal discipline, the Employer, or Employer Representative, must request an employee to attend a meeting ( a Meeting of Counsel) to discuss 13

17 circumstances or events where the employee may have breached the Employer' s policies and guidelines. This request must be issued in writing via either , or by regular mail, within five ( 5) days of the circumstances giving rise to the concern and will include details of the alleged infraction. At this meeting the employee must have a Representative from the Union present. Should the meetings be held outside of the normal working hours, then the member and the Steward will be compensated for three ( 3) hours of pay at his/ her regular earnings for the period of time to attend and to travel to, and from, the meeting This meeting will be held at a mutually agreeable time between the Union and Employer within five ( 5) working days of the receipt of the notice. At this meeting the parties will discuss the specific details of the infraction, and any remedial action that may be taken, or guidance that may be provided, to an employee After this meeting ( the Meeting of Counsel), the Employer may withdraw and destroy any documentation pertaining to the matter under discussion. Also, should the employee choose to respond in writing to the discussion/ meeting, this response will be added to the employee' s personnel file. Should the Employer feel it necessary to issue either a warning or a cautionary note, or to proceed with formal discipline, the following shall apply: Warnings and Cautionary Notes Within ten ( 10) working days following a Meeting of Counsel, the Employer will provide the employee, the Shop Steward and the Union with a copy of any written warning or cautionary note. Such notice may be provided by either or regular mail The Employer shall make every attempt possible to provide an employee with constructive guidance prior to invoking formal discipline. Discipline In cases where there is just cause for immediate discipline or termination, the Employer will only formally discipline an employee when: a) the employee has already received a warning, or cautionary note, for the same, or a similar, infraction; b) the employee has been provided with constructive guidance for the same, or a similar, infraction; 14

18 c) A Meeting of Counsel has been convened to discuss the alleged infraction of the Employer's guidelines and policies: Notice of formal discipline will be provided in writing to the employee, the Shop Steward or designated alternate, and the Union, within ten ( 10) days of the Meeting of Counsel. Such notice may be provided by either or regular mail No employee will be disciplined or discharged without just cause If an employee is discharged, this shall be confirmed in writing on the same day, with a copy sent to the Union. This written notice may be provided to the employee in person at the time of discharge, or via . The Union will be copied via . Reinstatement and Compensation An employee will be immediately reinstated to his/ her former position, without loss of seniority, should it be found, upon investigation or by ruling of an Arbitrator, that an employee has been unjustly suspended or discharged. Following reinstatement, the employee will be compensated for all time lost during the period of discharge or suspension, or by other arrangement mutually agreed to by the Union and the Employer; or as imposed by the decision of an Arbitrator An employee shall be entitled to view the entire contents of his or her personnel file in the office in which the file is normally kept. The employee shall give the Employer at least forty-eight ( 48) hours' notice prior to the employee having access to such files Any letter of reprimand, suspension or other sanction shall be removed from the record of an employee eighteen ( 18) months following receipt of such letter, suspension or other sanction. ARTICLE 12 - LEAVES OF ABSENCE In no case shall any leave as defined in this Agreement result in a loss of seniority to the employee. Paid Union Leave The Employer shall grant Leave of Absence with pay, upon ten ( 10) working days' notice being provided, to attend Union meetings of OPSEU scheduled during regular working hours, to a maximum of sixteen ( 16) hours per calendar year, per employee. Time spent at such meetings will not be used in the calculation of overtime as defined in Article 19. During 15

19 such leave of absence, the employee' s salary and benefits shall be maintained by the Employer and reimbursed by the Union. Leave for Full -Time Position When an employee is elected, or appointed to, a full-time position with OPSEU, the Employer shall grant a leave of absence upon ten ( 10) days' notice, without pay and continuation of benefit coverage paid by OPSEU and without loss of seniority for the durations of such leave. At the end of the assignment, the employee shall, upon two ( 2) weeks' notice be returned to the position held immediately prior to the commencement of the leave, or to a comparable position, with no decrease in pay should the original position be eliminated. The Union will reimburse the Employer for the salary and benefits paid to the employee. Leave for Executive Board Members Leave of Absence with no loss of pay, and with no loss of credits, shall be granted to an employee elected as an Executive Board Member of the Union. The Union will reimburse the Employer for the salary and benefits paid to the employee. Jury Duty and Witness Leave If an employee is called for Jury Duty and serves a member of a jury, or is subpoenaed or summoned to a Tribunal or Judicial Proceeding, he/ she will be compensated for any loss of regular earnings from employment, less any witness fee received. An employee must present proof of service requiring their attendance, and also the amount of pay received for such service When calculating payment for Part -Time employees for each normally scheduled shift to be missed during such leave, an amount equal to the average of their past twenty (20) shifts worked will be used. Pregnancy, Adoption and Parental Leaves Pregnancy Leave The Employer shall grant an employee a Pregnancy Leave in accordance with the Employment Standards Act of Ontario. Parental Leave The Employer shall grant an employee who is a parent, a Parental Leave in accordance with the Employment Standards Act of Ontario. 16

20 ARTICLE 13 - VACATIONS Vacation Year The vacation year shall be defined as the period from January 1 to December 31. Part -Time Employees Vacation Premium Part -Time employees will be issued a four -percent ( 4%) premium in addition to all regular wages, in lieu of vacation entitlement, in accordance with the Employment Standards Act Part -Time employees will be issued a six percent ( 6%) premium in addition to all regular wages, in lieu of vacation entitlement after five ( 5) years of continuous employment. Full -Time Employees Vacation Entitlement Accrual Full -Time employees will accrue paid vacation entitlement as follows: a) days of vacation entitlement per month for the period extending from the commencement their employment to end of the current vacation year, to be used in the same period. b) Completed Years of Service Annual Vacation Time Annual Vacation Pay 1 year but less than 5 years 2 weeks 4 percent 5 years but less than 10 years 3 weeks 6 percent 10 years or more 4 weeks 8 percent Carry -Over of Vacation Entitlement Unused vacation credits cannot be carried over to the new fiscal year. Unused vacation credits will be paid out by the Employer on December 31 st of each year. 17

21 Probationary Employees New employees may only use vacation time as accrued following one ( 1) year of employment. Vacation Requests Vacation time shall be scheduled at times mutually agreeable to the employee and the Employer, in accordance with the following provisions: a) For vacations equal to, or greater than, four ( 4) business days, employees will submit requests no less than one ( 1) month in advance. b) For vacation less than four ( 4) business days, employees will submit requests no less than one ( 1) week in advance Vacations request will be fulfilled on the basis of seniority among those Full -Time employees who have requested concurrent vacation days, where the Employer determines that such concurrent vacations will cause undue harm or hardship to the Employer's operations. Illness during Vacation Sick Leave as defined will be substituted for vacation time, where it can be medically certified that an illness or accident occurred while on vacation. Entitlement on Termination At time of termination or resignation, an employee will be entitled to be paid for the pro -rated portion of their unused vacation entitlement for the current vacation year, equal to the period from January 1 to the date of layoff, termination or resignation, and to all unused vacation entitlement carried forward from previous years. ARTICLE 14 PAID HOLIDAYS Statutory Holidays The paid holidays recognized by the Employer will be as follows: New Year's Day Good Friday Victoria Day Dominion Day (Canada Day) Family Day Labour Day Thanksgiving Day Christmas Day Boxing Day 18

22 14.02 All other days proclaimed as statutory holidays by the Federal, Provincial and/ or Municipal governments shall be considered as a paid holiday. Work on a Statutory Holiday An employee required to work on any of the above- mentioned holidays shall be paid for all work performed at one and one- half ( 11%) times the regular hourly rate for all normal hours of work on that day, and shall receive another day off with pay in lieu of the holiday, to be scheduled at a time mutually agreed between employee and the Employer When a holiday falls on a Monday, staff whose duties start on a Sunday night, shall be given the Sunday night off, and shall resume their work on Monday night, which shall not be considered a holiday. ARTICLE 15 PERSONAL EMERGENCY LEAVE An employee is entitled to ten ( 10) days unpaid Personal Emergency Leave in the case of personal illness, injury or medical emergency, or a death, illness, medical emergency of, or urgent matter relating to, certain relatives, as per the Employment Standards Act of Ontario. Medical Certificate An employee may be required to produce a certificate from a qualified medical, or para -medical practitioner, following the third day of Sick Leave in any given four ( 4) week period. Such notice is to certify that the employee is unable to carry out his/ her duties due to illness. If the Employer makes such a request, the employee shall be reimbursed for any out-of-pocket expenses, up to a maximum of fifteen dollars ($ provided the amount claimed is substantiated by a valid receipt ), ARTICLE 16 JOB POSTING The Company shall post notice of the initial permanent job vacancy within the Bargaining Unit for five ( 5) working days, and any successful candidate shall be moved to his/ her new position as soon as practicable to do so The basis the Company shall use in selecting the successful candidate are qualifications, skills, ability for the job required and seniority. When there are two ( 2) or more candidates having equal qualifications, the deciding factor shall be seniority when making a selection Whenever possible, it is agreed that a successful candidate will not be entitled to bid on any other vacant postings for a period of three ( 3) months from the posting of the notices referred to in Article

23 16.04 The Company reserves the right to fill a vacant position with a person of their choice in the event that no applicants have been received, or if the applicants do not meet the criteria for the job which are outlined in Article Training The Employer is responsible for ensuring that an employee, upon being assigned an additional classification, is provided with proper and adequate training in the fulfillment of the duties of the position. Such training shall meet the requirements of the industry and the Employer. ARTICLE 17- PROMOTION AND DEMOTION In all cases of posting and filling of vacancies or new positions, the Employer shall select the senior candidate from among the applicants, provided the candidate possesses the necessary availability, qualifications, skill and ability to perform the normal requirements of the posted position. ARTICLE 18- TEMPORARY EMPLOYEES The Union recognizes the need for the Employer to hire temporary employees under certain circumstances. The Employer agrees that such appointments are not substitutes for, or alternatives to, regular employment. The Employer will notify the Union of any plans to hire a temporary employee. Temporary employees may be hired: a) to replace a regular employee on leave as defined in Articles 12 and 15; or b) where additional work of a short term project, not to exceed six ( 6) months, requires the hiring of an added employee; or, c) Where the immediate filling of a vacancy is not feasible. Temporary Employees' Rights Temporary employees appointed to greater than twenty-four ( 24) hours per -week, for more than thirteen ( 13) weeks, and up to a maximum of twenty-six ( 26) weeks, will be compensated at a rate equal to the base rate. Furthermore, the person filling the position will enjoy all the rights and benefits of the Collective Agreement which will be effective from the first day of their temporary employment, save and except: 1017

24 a) Layoff procedures, as defined under Article 23 except when the employee is laid -off before the term of the contract expires; b) Seniority as defined under Article 8; c) General Leave, as defined in Article 12; ARTICLE 19 - HOURS OF WORK, OVERTIME, SHIFT SCHEDULING Full -Time Employees The normal work week for Full -Time employees shall be forty (40) hours. These hours will include an unpaid meal break during each day worked Employees will be paid overtime at the rate of time and one- half ( 1' h) their regular rate of pay for any hours worked beyond forty (40) hours in any week. Overtime will be calculated to the nearest one- quarter hour. Such overtime must be authorized by the Employer Where an employee has worked and accumulated authorized overtime under this article ( except overtime hours performed on a holiday defined in Article 14.03) such employee shall have the option of electing pay at the rate of time -and -one- half ( 1'/) or take time -off for a total of one -and - one -half times ( 1'/ rate to his/ her vacation entitlement. z) the overtime served, or add the time at the overtime Where an employee elects time -off, such time -off must be at a time scheduled by mutual agreement between the employee and the Supervisor. If the employee and Supervisor do not agree, the overtime shall be paid in the pay period following the discussion Overtime shall be distributed fairly among qualified and willing employees. Part -Time Employees The hours of work for Part -Time employees will vary dependent on the employee' s listed availability, but will not be less than three ( 3) hours on any shift Part -Time employees will be paid overtime at the rate of time and onehalf ( 1'/ 2) their regular rate of pay for any time worked over forty ( 40) hours in any shift. Such overtime must be authorized by the Employer Employees called in to work on a particular work shift in response to their undertaking to report for work, and who do in fact report, shall receive a minimum of three ( 3) hours pay, if informed within the first three ( 3) hours of service that his or her services are not further required on that work shift. 21

25 Rest Periods Employees working a shift of five ( 5) hours or less will receive one ( 1) paid fifteen ( 15) minute break. Employees working a shift of more than five ( 5) hours will receive two ( 2) paid fifteen ( 15) minute breaks and one thirty (30) minute unpaid lunch break. Shift Schedules The Employer shall post a shift schedule no later than Thursday at 5: 00 p. m. for the period beginning the next Monday and ending the following Sunday Employees may change shifts with each other provided the Supervisor approves such change and seniority shall be considered. ARTICLE 20 WORK-RELATED APPAREL AND EXPENSES The Employer will supply appropriate work apparel for all staff except for staff working in Administration. This clothing remains the property of the Employer but is for the exclusive use of the affected employees in the performance of their duties. The employee shall wear the clothing supplied at all times when on duty. All staff will be provided with: One ( 1) Jacket if the employee is assigned duties outdoors Two (2) Pants annually Three (3) Shirts annually Where and/ or when required by the scope of work, staff will be reimbursed annually for appropriate work related footwear. The reimbursement of up to seventy-five dollars ($ ) will be provided to the employee within ten 10) working days of the submission of a valid receipt for such purchase. ARTICLE 21 - JOB SECURITY - LAYOFF AND RECALL In an event of a reduction in the workforce, employees shall exercise their seniority as follows; Step One To displace the junior employee in their classification 22

26 Step Two To displace the junior employee in the Bargaining Unit. In order to exercise their seniority, the employee must have the qualifications, skills and ability to do the work available. Employees may not exercise their seniority to bump up. An employee who is unable to exercise their seniority at Step One may elect to take the layoff or exercise their seniority in accordance with Step Two Recall of employee( s) on layoff shall be in reverse order of layoff by classification, provided the employee( s) being recalled has the qualifications, skills and ability to do the work available Where a layoff is of a temporary nature, not to exceed three ( 3) working days, the Company may layoff an employee without regard to seniority Where applicable, employees shall receive notice of layoff in accordance with the provisions of the Employment Standards Act of Ontario, as amended. ARTICLE 22 - NO STRIKE OR LOCK -OUTS For the duration of this Agreement, there shall be no strikes or lock -outs except as outlined in the Ontario Labour Relations Act. ARTICLE 23 - WAGES The wages will be as set out in APPENDIX A - WAGES, attached to, and form part of, the Collective Agreement The Employer will pay salaries and wages every two ( 2) weeks. On each pay-day, each employee will be provided with an itemized statement of wages and deductions and will include a detailed breakdown of the hours worked at each position While fulfilling the duties for any given position, employees will be compensated at the assigned rate of pay for that position taking the employees seniority step into full consideration An employee will automatically progress from one step to the next in the salary range for the employee' s classification on completion of one year in the classification. 23

27 ARTICLE 24 GENERAL An employee unable, through pregnancy, illness or injury, to perform normal duties shall be provided with alternative suitable employment within the Bargaining Unit with no reduction in wages All Letters of Agreement and Appendices to this Agreement shall be considered attached to and part of this Agreement and subject to all of its terms. ARTICLE 25 DURATION AND RENEWAL This Agreement shall be in effect from January 1, 2012 until December 31, 2016, and shall continue automatically thereafter for annual periods of one 1) year unless either party notifies the other in writing within ninety ( 90) days prior to the termination date of the Agreement that it intends to amend or terminate the Agreement. Signed this day of 2015 in the City of Toronto, Ontario For the Union For the Employer X. 1, -, ' W%. b, / I - L,/\- L0r7'- y 24

28 APPENDIX A Classification Current 01 Apr Apr 16 Light Duties ( LD) Wage Heavy Duties ( HD) Wage Drug/ or Dental Plan 30 Hours or More / hr 0.40/ hr Vision 30 Hours or More for 2 Years Sick Days 30 Hours or More One day Two days

29 Letter of Understanding Re: Article 19 Between Topnotch Cleaners And OPSEU Local 557 Whereas the Collective Agreement between the parties under article 19 - hours of work, indicates an employee' s normal work week is forty (40) hours per week and; Whereas employees have raised a safety concern with respect to the finish time of the evening shift and concerns about the availability of public transit at that time; Whereas most employees work the forty (40) hours a weeks and are paid thirty- seven and one half (37. 5) due to a half-hour unpaid meal break; The parties therefore agree to the following: 1. All employees scheduled to work on the evening shift shall be provided with a choice to work until 12: 30 am or 1: 00 am; 2. Employees who choose to work until 12: 30 am shall be paid for 35 hours per week while employees who choose to work until 1: 00 am shall be paid for hours per week; 3. The parties further agree that once an employee has made a selection to end their shift at one of the two available times, such employee shall remain at their chosen end of shift time for the duration of the of the term of the current Collective Agreement. Request for changes, due to extenuating circumstances and with reasonable notice, prior to the end of the Collective Agreement shall be considered by the Company and approved or denied in the Company' s sole and absolute discretion, acting reasonably.